[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 29. Overlapping Jurisdiction; Proposals Involving More Than One Subject]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2781-2791]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 29. Overlapping Jurisdiction; Proposals Involving More Than One 
    Subject

    Note: This section pertains to some of the general methods by which 
problems of overlapping jurisdiction were dealt with prior to the 94th 
Congress when the Committee Reform Amendments permitting joint, split, 
and sequential referral became effective.

Informal Committee Agreements

Sec. 29.1 Where a legislative proposal contains two subjects which are 
    intricately related but which fall within the jurisdiction of 
    different committees, the legislative initiative is sometimes 
    assumed by

[[Page 2782]]

    the committee having the primary concern for the subject matter 
    with the understanding that the other committee involved will have 
    an opportunity to consider that portion of the legislation within 
    its cognizance and handle the relevant portions of the measure if 
    and when it is brought to the floor of the House.

    On June 17, 1969,(12) a letter from the Secretary of 
Transportation [Exec. Comm. No. 863], transmitting a draft of proposed 
legislation to provide for the expansion and improvement of the 
Nation's airport and airway system, for the imposition of airport and 
airway user charges, and for other purposes was taken from the 
Speaker's table and referred to the Committee on Ways and Means.
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12. 115 Cong. Rec. 16211, 91st Cong. 1st Sess.
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    The next day, June 18, 1969,(13) Speaker John W. 
McCormack, of Massachusetts, recognized Wilbur D. Mills, of Arkansas, 
Chairman of the Committee on Ways and Means, who made the following 
request:
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13. 115 Cong. Rec. 16301, 91st Cong. 1st Sess.
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        Mr. Speaker, I ask unanimous consent that Executive 
    Communication No. 863, received from the Secretary of 
    Transportation on June 17, relating to the future of air 
    transportation, and referred to the Committee on Ways and Means, be 
    referred to the Committee on Interstate and Foreign Commerce 
    because the chairman of the Committee on Interstate and Foreign 
    Commerce [Harley 0. Staggers, of West Virginia] and the chairman of 
    the Committee on Ways and Means understand that the tax provisions 
    contained in that message will be handled by the Committee on Ways 
    and Means.

    There was no objection to the request.
    Parliamentarian's Note: Following the rereference of Executive 
Communication No. 863, Mr. Staggers introduced H.R. 12374, embodying 
the proposals contained in the draft bill submitted with that 
communication; and the bill was immediately referred (14) to 
the Committee on Interstate and Foreign Commerce. The precedent for the 
agreement between the two committees had been established earlier over 
the Federal Aid Highway Act of 1956, where Title II (the Highway 
Revenue Act of 1956) was considered by the Committee on Ways and Means 
although the overall jurisdiction of the program lay within the 
Committee on Public Works.(15)
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14. 115 Cong. Rec. 17138, 91st Cong. 1st Sess., June 24, 1969.
15. See Sec. 29.4, infra.

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[[Page 2783]]

Presidential Messages

Sec. 29.2 A message from the President relating to subject matters 
    within the jurisdiction of several committees may be referred to 
    the Committee of the Whole House on the state of the Union.

    On Jan. 31, 1935,(16) Speaker Joseph W. Byrns, of 
Tennessee, laid before the House a message from President Franklin D. 
Roosevelt, which was read and referred to the Committee of the Whole 
House on the state of the Union.(17) The Record discloses 
that prior to the reference, the following exchange took place:
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16. 79 Cong. Rec. 1327, 1328, 74th Cong. 1st Sess.
17. The Committee of the Whole House on the state of the Union is 
        treated in Ch. 19, infra.
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        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Speaker, before 
    the message is referred, I wish to make a parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Bland: The message relates to aviation matters that come 
    within the jurisdiction of the Committee on Merchant Marine, Radio, 
    and Fisheries [now the Committee on Merchant Marine and Fisheries]. 
    It also relates to matters that come before the Interstate Commerce 
    Commission. It seems to me that it is highly objectionable that a 
    message of this kind should be referred to one committee.
        The Speaker: The Chair has the idea of referring the message to 
    the Committee of the Whole House on the state of the Union, and 
    later when the bills are introduced they will be referred to the 
    proper committees. The message, with the accompanying papers, will 
    be referred to the Committee of the Whole House on the state of the 
    Union and ordered to be printed.

Executive Communications; Statutory Requirements

Sec. 29.3 Pursuant to statutory obligation, the Speaker has referred an 
    executive communication to three committees of the House, 
    simultaneously.

    On May 18, 1960,(18) Executive Communication No. 2166, a 
letter from the Acting Secretary of State, transmitting the report of 
the President on determinations under the Mutual Defense Assistance 
Control Act of 1951 for the quarter ending Mar. 31, 1960, was taken 
from the Speaker's table and referred to the Committees on Foreign 
Affairs, Armed Services, and Appropriations pursuant to section 103(b) 
of the act providing for transmittal of such information to the 
chairmen of the aforementioned committees.
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18. 106 Cong. Rec. 10625, 86th Cong. 2d Sess.
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    Parliamentarian's Note: Classified reports submitted to the Con

[[Page 2784]]

gress under section 103(b) of the Mutual Defense Assistance Control Act 
of 1951 are normally transmitted directly from the Speaker's office to 
the appropriate committees of the House. This particular report was 
referred by the Speaker because it was submitted in a form which 
indicated a departure from the normal practice, i.e., the letter 
addressed to the Speaker had attached thereto one copy of the 
classified enclosure in addition to the three copies normally furnished 
for the use of the respective committees.

Proposals Relating to Internal Revenue Code and the Highway Trust Fund

Sec. 29.4 A bill relating to the interstate highway program and 
    containing a title amending the Internal Revenue Code to provide 
    for a temporary increase in the gas tax and a transfer of certain 
    tax receipts to the Highway Trust Fund was referred to the 
    Committee on Public Works with the understanding that it was not to 
    constitute a precedent with respect to surrender of jurisdiction 
    over the fund by the Committee on Ways and Means.

    On Aug. 14, 1959,(19) Speaker Sam Rayburn, of Texas, 
recognized Mr. George H. Fallon, of Maryland, of the Committee on 
Public Works, who announced his introduction, that day, of certain 
emergency legislation (H.R. 8678), ``to keep the interstate and defense 
highway program on schedule.'' As Mr. Fallon elaborated, H.R. 8678 was 
a bill in the nature of a substitute to H.R. 5950, a measure introduced 
earlier (1) in the session which the Committee on Public 
Works had agreed to report to the House, ``contingent on favorable 
action by the Committee on Ways and Means in providing the necessary 
financing provisions.'' He then noted that that committee had completed 
such action, and its work product was incorporated in title II of the 
bill [i.e., of H.R. 8678]. That title, he stated,
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19. 105 Cong. Rec. 15895, 86th Cong. 1st Sess.
 1. 105 Cong. Rec. 4999, 86th Cong. 1st Sess., Mar. 23, 1959.
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        . . . [P]rovides a temporary increase in the Federal tax on 
    motor fuels of 1 cent per gallon--from 3 to 4 cents--effective 
    September 1, 1959 through June 30, 1961; a transfer to the Highway 
    Trust Fund of the receipts from 5 percentage points of the excise 
    tax on passenger cars and the receipts from 5 percentage points of 
    the excise tax on parts and accessories, effective July 1, 1961, 
    until June 30, 1964.

[[Page 2785]]

    Shortly thereafter, Mr. Fallon yielded to Wilbur D. Mills, of 
Arkansas, Chairman of the Committee on Ways and Means, who initiated 
the following exchange: (2)
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 2. 105 Cong. Rec. 15896, 86th Cong. 1st Sess., Aug. 14, 1959.
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        Will my friend, the gentleman from Maryland, advise us whether 
    or not the bill he has introduced today contains a title II dealing 
    with the financing of the road program for the 2-year period 
    involved?
        Mr. Fallon: Yes; it does.
        Mr. Mills: The language of title II in your bill is the 
    language which was prepared by the Committee on Ways and Means with 
    regard to the financing?
        Mr. Fallon: It is the exact language.
        Mr. Mills: Mr. Speaker, this is a matter which should, in my 
    opinion, be handled in one bill. However, it should be understood 
    that this is not in any way to indicate the establishment so far as 
    our committee is concerned of a precedent with respect to 
    jurisdiction of the Highway Trust Fund.

    As the Record discloses, H.R. 8678 was referred to the Committee on 
Public Works.(3)
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 3. Id. at P. 15916.
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Differing Jurisdiction Over Senate Bill and House Substitute

Sec. 29.5 The House agreed to a resolution providing for the 
    consideration of a bill reported from the Committee on Merchant 
    Marine and Fisheries, making it in order, after passage, to take 
    from the Speaker's table a similar Senate bill which, under the 
    precedents, would have fallen within the jurisdiction of the 
    Committee on Interior and Insular Affairs had it been referred to 
    committee, and to insert the House language as an amendment.

    On Sept. 23, 1969,(4) by direction of the Committee on 
Rules, Mr. Spark M. Matsunaga, of Hawaii, called up House Resolution 
544 and asked for its immediate consideration. House Resolution 544 
provided that upon its adoption, it would be in order to move that the 
House resolve itself into the Committee of the Whole for the 
consideration of a bill (H.R. 12549), to amend the Fish and Wildlife 
Coordination Act to provide for the establishment of a Council on 
Environmental Quality, and for other purposes. The resolution 
additionally provided that debate on the bill would be controlled by 
the chairman and the ranking minority member of the Committee on 
Merchant Marine and Fisheries.
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 4. 115 Cong. Rec. 26569, 91st Cong. 1st Sess.
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    The final provision of House Resolution 544 was devised to pre

[[Page 2786]]

vent a jurisdictional problem and read, as follows:

        . . . After the passage of H.R. 12549, it shall be in order in 
    the House to take from the Speaker's table the bill S. 1075 and to 
    move to strike out all after the enacting clause of said Senate 
    bill and insert in lieu thereof of provisions contained in H.R. 
    12549 as passed by the House.

    The Senate bill referred to, S. 1075, was generally similar to the 
House bill (H.R. 12549), but did not amend the Fish and Wildlife 
Coordination Act. This feature was critical (5) to the 
determination that H.R. 12549 lay within the jurisdiction of the 
Committee on Merchant Marine and Fisheries. The Senate bill had been 
passed (6) after being considered and reported out by that 
body's Committee on Interior and Insular Affairs.
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 5. The rules [see Rule X clause 1(n)(4), House Rules and Manual 
        Sec. 683, (1979)] provide that the jurisdiction of the 
        Committee on Merchant Marine and Fisheries includes: 
        ``fisheries and wildlife, including research, restoration, 
        refuges, and conservation.''
 6. 115 Cong. Rec. 19013, 91st Cong. 1st Sess., July 10, 1969.
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    The matter of jurisdictional overlap was briefly discussed in the 
ensuing debate by Mr. Delbert L. Latta, of Ohio, who made the following 
observation: (7)
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 7. 115 Cong. Rec. 26569, 91st Cong. 1st Sess., Sept. 23, 1969.
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        I want to point out that the Rules Committee has had this 
    resolution under consideration since July for the reason that there 
    was a jurisdictional question which arose concerning a matter 
    between the Committee on Merchant Marine and Fisheries and the 
    Committee on Interior and Insular Affairs. It is our understanding 
    now that the difficulties have been resolved and that, by an 
    agreement between the two committees, when this matter goes to 
    conference two members of the Committee on Interior and Insular 
    Affairs will be on the conference committee.

    House Resolution 544 was agreed to shortly 
thereafter.(8)
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 8. Id. at p. 26571.
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    Parliamentarian's Note: In light of its environmental subject 
matter and in the absence of any provision affecting the Fish and 
Wildlife Coordination Act, S. 1075 would have been referred to the 
House's Committee on Interior and Insular Affairs.(9) 
However, Wayne N. Aspinall, of Colorado, Chairman of the Committee on 
Interior and Insular Affairs, agreed that he would not oppose the rule 
embodied by House Resolution 544 provided that certain amendments which 
he proposed to offer on the floor, would be accepted by the Committee 
on Merchant Marine and Fisheries,(10) and if,
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 9. See Rule X clause 1(k), House Rules and Manual Sec. 608 (1979).
10. Mr. Aspinall's amendments were readily accepted by that committee. 
        See 115 Cong. Rec. 26587, 91st Cong. 1st Sess.
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[[Page 2787]]

when conferees were named on the bill, members of his committee would 
be included.(11)
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11. Conferees, when appointed, represented both committees. Id. at p. 
        26591.
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Measures Relating to National Forests

Sec. 29.6 A Senate bill extending the boundaries of a national forest, 
    created from public domain and thus within jurisdiction of the 
    House Committee on Interior and Insular Affairs, was referred to 
    the Committee on Agriculture, with the consent of the Chairman, 
    Committee on Interior and Insular Affairs, and with the 
    understanding that the reference would not effect a change of 
    jurisdiction.

    On Apr. 22, 1963,(12) Executive Communication No. 709, a 
letter from the Secretary of Agriculture, transmitting a draft of a 
proposed bill to add certain lands to the Cache National Forest, Utah, 
was taken from the Speaker's table and referred to the Committee on 
Interior and Insular Affairs. This communication explained that the 
Cache National Forest had been carved from the public domain and that 
the proposed additions were lands within reclamation 
projects.(13)
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12. 109 Cong. Rec. 6655, 88th Cong. 1st Sess.
13. The rules provide [see Rule X clause 1(k), House Rules and Manual 
        Sec. 680 (1979)] that the Committee on Interior and Insular 
        Affairs has jurisdiction over ``forest reserves and national 
        parks created from the public domain [clause 1(k)(1)],'' 
        ``reclamation [clause 1(k)(5)],'' and ``public lands generally 
        [clause 1(k)(15)].''
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    On June 24, 1963,(14) a bill (H.R. 7218), to accomplish 
the same end was introduced by Mr. Laurence J. Burton, of Utah. That 
bill, however, did not indicate that the forest had been ``public 
domain,'' and accordingly (15) was referred to the Committee 
on Agriculture.
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14. 109 Cong. Rec. 11443, 88th Cong. 1st Sess.
15. The rules provide [see Rule X clause 1(a), House Rules and Manual 
        Sec. 670 (1979)] that the Committee on Agriculture has subject 
        matter jurisdiction over ``forestry in general, and forest 
        reserves other than those created from the public domain 
        [clause 1(a)(13)].''
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    When the Senate passed a similar bill (S. 1388),(16) the 
measure was held at the desk until the Chairman of the Committee on 
Interior and Insular Affairs, Wayne

[[Page 2788]]

N. Aspinall, of Colorado, disclosed that he had no objection to the 
reference of the Senate bill to the Committee on Agriculture in light 
of the circumstances, and with the understanding that such approval did 
not constitute a precedent with respect to the jurisdiction of the 
Committee on Interior and Insular Affairs.
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16. 109 Cong. Rec. 11552, 11553, 88th Cong. 1st Sess., June 25, 1963.
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    Several days later, on July 15, 1963,(17) the Record 
indicates that S. 1388, an ``act to add certain lands to the Cache 
National Forest, Utah,'' was referred to the Committee on 
Agriculture.(18)
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17. 109 Cong. Rec. 12525, 88th Cong. 1st Sess.
18. S. 1388 was reported by the Committee on Agriculture on July 29, 
        1963 (H. Rept. No. 597).
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Select Committee to Investigate Domestic Energy Resources

Sec. 29.7 The House rejected a resolution, reported from the Committee 
    on Rules, establishing a select committee to investigate all 
    aspects of energy resources in in the United States.

    On May 26, 1971,(19) by direction of the Committee on 
Rules, Mr. William R. Anderson, of Tennessee, called up House 
Resolution 155 and asked for its immediate consideration. The 
resolution read as follows:
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19. 117 Cong. Rec. 16984, 92d Cong. 1st Sess.
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        Resolved, That there is hereby created a select committee to be 
    composed of seven Members of the House of Representatives to be 
    appointed by the Speaker, one of whom he shall designate as 
    chairman. Any vacancy occurring in the membership of the committee 
    shall be filled in the same manner in which the original 
    appointment was made.
        The committee is authorized and directed to conduct a full and 
    complete investigation of all aspects of the energy resources in 
    the United States, including (1) the availability of oil, gas, 
    coal, and nuclear energy reserves; (2) the identification of the 
    ownership of such reserves; (3) the reasons and possible solutions 
    for the delay in new starts of fossil fueled powerplants; (4) the 
    effect of pricing practices by the owners of energy reserves; (5) 
    the effect of the import of low sulfur fuels; (6) measures to 
    increase the availability of pipelines, railways, barges, and ships 
    needed to transport fuel materials; (7) measures to close the gap 
    between the supply and demand for electric energy; and (8) the 
    identification of the environmental effects of the electricity 
    industry. . . .
        The committee shall report to the House as soon as practicable 
    during the present Congress the results of its investigation and 
    study, together with such recommendations as it deems advisable. 
    Any such report which is made when the House is not in session 
    shall be filed with the Clerk of the House.

    Shortly thereafter, Mr. Anderson summarized the nature of the 
resolution:(20)
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20. Id. at p. 16985.

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[[Page 2789]]

        . . . [T]he resolution before us, House Resolution 155, is to 
    create a select committee to be composed of seven Members to be 
    appointed by the Speaker.
        The responsibility of the committee shall be to investigate all 
    aspects of the energy resources in the United States, including the 
    availability of oil, gas, coal, and nuclear energy reserves; the 
    identification of the ownership of such reserves; the reasons and 
    possible solutions for the delay in new starts of fossilfueled 
    powerplants; the effect of pricing practices by the owners of 
    energy reserves; the effect of the import of low sulfur fuels; 
    measures to increase the availability of pipelines, railways, 
    barges, and ships needed to transport fuel materials; measures to 
    close the gap between the supply and demand for electric energy; 
    and the identification of the environmental effects of the 
    electricity industry.

    Mr. H. R. Gross, of Iowa, raised the following issues with respect 
to the resolution:

        What about the invasion of the jurisdiction of the standing 
    committees that are already in existence with staffs sufficient to 
    go into the matters included in the resolution? It seems to me in 
    reading this list that the proposed new commission would be 
    invading the jurisdiction of a half dozen regularly established 
    committees in the House of Representatives.

    Mr. Anderson responded by stating that fragmentation in the regular 
committee structure with respect to energy matters was a problem in 
itself. He noted, however, that he visualized the proposed committee 
``as being an aid to the other House committees in terms of a full-time 
study of a very, very vital national problem and being of assistance to 
the other committees rather than an infringement on their character and 
the rules that they operate under.''
    Other Members voiced concern about the proposed jurisdiction of the 
select committee. Emanuel Celler, of New York, Chairman of the 
Committee on the Judiciary, observed that: (1)
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 1. Id. at p. 16986.
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        . . . [U]nder the language of the bill for the establishment of 
    this special group there is listed ``the effect of pricing 
    practices by the owners of energy reserves.'' We have now pending 
    in the Judiciary Committee a number of bills with reference to 
    pricing practices concerning those who manufacture energy. Am I 
    going to run a race with you to conduct the hearings in my 
    committee while you conduct hearings in your committee on pricing 
    practices, predatory practices, reciprocal relations between 
    various companies, all of which are embodied in the provisions in 
    the pending resolution?

    Wayne N. Aspinall, of Colorado, Chairman of the Committee on 
Interior and Insular Affairs, stated: (2)
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 2. Id. at pp. 16997, 16998.
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        In my opinion House Resolution 155 will raise serious 
    jurisdictional ques

[[Page 2790]]

    tions with existing House committees. For example, item (1) of 
    House Resolution 155, the availability of oil, gas, coal, and 
    nuclear energy reserves, is clearly within the jurisdiction of the 
    Interior and Insular Affairs Committee. The House rules assign to 
    the Committee on Interior and Insular Affairs of the House--and I 
    cite only pertinent sections of those rules (3)--
    responsibility for mineral reserves on the public lands; mining 
    interest generally; and petroleum conservation on the public lands 
    and conservation of the radium supply in the United States.
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 3. See Rule XI clause 10, House Rules and Manual Sec. 702 (1973).
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        The conflicts with item (2), the identification of the 
    ownership of reserves, is less clear but where those minerals occur 
    on the public lands of this Nation which incidentally make up about 
    one-third of our total land area, I am convinced that again the 
    responsibility lies with the House Committee on Interior and 
    Insular Affairs.
        I will not make a detailed comparison of the remaining five 
    items in House Resolution 155 with the present jurisdictional 
    responsibility of the Committee on Interior and Insular Affairs. I 
    am convinced, however, that there are substantial areas of conflict 
    or duplication that would raise serious jurisdictional questions.
        For these reasons I must oppose House Resolution 155.

    Mr. John E. Moss, of California, a member of the Committee on 
Interstate and Foreign Commerce, contended that:

        . . . [I]t is not only the jurisdiction of the Interstate and 
    Foreign Commerce Committee which the proposed select committee 
    would infringe upon.\(4)\ The same is true of the jurisdiction of 
    the Public Works Committee,\(5)\ the Ways and Means Committee,\(6)\ 
    the Merchant Marine and Fisheries Committee,\(7)\ and the Joint
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 4. The rules [see Rule XI clause 12, House Rules and Manual Sec. 704 
        (1973)] provide that the Committee on Interstate and Foreign 
        Commerce possesses jurisdiction over interstate and foreign 
        commerce generally [clause 12(a)], interstate oil compacts and 
        petroleum and natural gas, except on the public lands [clause 
        12(d)], regulation of interstate and foreign transportation, 
        except transportation by water not subject to the jurisdiction 
        of the Interstate Commerce Commission [clause 12(h)], and 
        regulation of interstate transmission of power, except the 
        installation of connections between government water-power 
        projects [clause 12(i)], among other subjects.
 5. The jurisdiction of the Committee on Public Works [see Rule XI 
        clause 16, House Rules and Manual Sec. 714 (1973)] includes oil 
        and other pollution of navigable waters [clause 16(f)], and 
        water power [clause 16(j)], among other subjects.
 6. The jurisdiction of the Committee on Ways and Means [see Rule XI 
        clause 21, House Rules and Manual Sec. 724 (1973)] extends to 
        such subjects as ports of entry and delivery [clause 21(a)], 
        reciprocal trade agreements [clause 21(c)], revenue measures 
        generally [clause 21(d)], and transportation of dutiable goods 
        [clause 21(h)], among others.
 7. The jurisdiction of the Committee on Merchant Marine and Fisheries 
        includes [see Rule XI clause 14, House Rules and Manual 
        Sec. 709 (1973)] merchant marine generally [clause 14(a)], 
        measures relating to the regulation of common carriers by water 
        (except matters subject to the jurisdiction of the Interstate 
        Commerce Commission) [clause 14(e)], navigation and the laws 
        relating thereto, including pilotage [clause 14(g)], and the 
        registering and licensing of vessels and small boats [clause 
        14(i)], among other subjects.
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[[Page 2791]]

    Committee on Atomic Energy.\(8)\ All of these committees have 
    legislative jurisdiction with regard to particular aspects of 
    energy resources and environmental protection, and the 
    establishment of a new select committee would tend to hinder rather 
    than further the legislative output of these committees.
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 8. The jurisdiction of the Joint Committee on Atomic Energy extended 
        to the making of continuing studies of problems relating to the 
        development, use, and control of atomic energy. See Sec. 7, 
        supra.
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    The proponents of House Resolution 155 did not choose to deny the 
existence of jurisdictional changes but responded, instead, by arguing 
that a comprehensive analysis by the select committee would be 
preferable to the present approach. Mr. Dante B. Fascell, of Florida, a 
cosponsor of the resolution, argued that the Nation's energy problems 
could not be addressed on an ``ad hoc basis.'' \(9)\ Mr. Thaddeus J. 
Dulski, of New York, asserted that ``overlapping responsibilities'' 
\(10)\ were partly to blame for ``what amounts to a desperate national 
energy crisis.'' Contending that there was a ``definite 
interrelationship between fuels''\(11)\ the understanding of which was 
essential to formulation of policy, Mr. Don Fuqua, of Florida, stated 
that ``this resolution (H. Res. 155) will provide the most logical 
vehicle to define this interrelationship and provide us with a workable 
energy policy.''
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 9. 117 Cong. Rec. 17000, 92d Cong. 1st Sess., May 26, 1971.
10. Id. at p. 17001.
11. Id. at p. 17002.
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    On a subsequent roll call vote, the resolution was rejected.\(12)\
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12. Id. at p. 17003.
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