[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[§ 35. Committee on the District of Columbia]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 2847-2853]
CHAPTER 17
Committees
C. COMMITTEE PROCEDURE
Sec. 35. Committee on the District of Columbia
The Committee on the District of Columbia was created in
1808,(20) at which time it was ``the duty of this committee
to take into consideration all petitions and memorials relating to the
affairs of the District of Columbia, and to report from time to time,
by bill or otherwise.''(1) In 1880, this language was
revised so that all subjects ``relating to the District of Columbia,
other than appropriations therefor'' were referred to the
committee.(2) Under the 1973 rules (3) the
committee's jurisdiction read as follows:
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20. 4 Hinds' Precedents Sec. 4276.
1. Gerald J. Grady, ``Monographs on the Committees of the House of
Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974),
committee print, p. 38.
2. 4 Hinds' Precedents Sec. 4276.
3. Rule XI clause 5, House Rules and Manual Sec. 685 (1973). See Rule
X clause 1(f), House Rules and Manual Sec. 675 (1979).
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(a) All measures relating to the municipal affairs of the
District of Columbia in general, other than appropriations
therefor, including--
(b) Adulteration of foods and drugs;
(c) Incorporation and organization of societies;
(d) Insurance, executors, administrators, wills, and divorce;
(e) Municipal code and amendments to the criminal and
corporation laws;
(f) Municipal and juvenile courts;
(g) Public health and safety, sanitation, and quarantine
regulations;
(h) Regulation of sale of intoxicating liquors;
(i) Taxes and tax sales.
Among the general municipal affairs of the District have been
subjects relating to (4) [enumeration added]:
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4. House Rules and Manual Sec. 675 (1979).
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[[Page 2848]]
1. Health, sanitary, and quarantine regulations;
2. Holidays;
3. Protection of fish and game;
4. Regulation of sale of intoxicating liquors;
5. Adulteration of food, drugs, etc.;
6. Taxes and tax sales;
7. Insurance;
8. Bills for preserving public order at times of inaugurations;
9. Harbor regulations and the bridge over the Eastern Branch;
10. Executor, administrators, wills, and divorce;
11. Police and juvenile courts and justices of the peace;
12. Incorporation and organization of societies;
13. Municipal code and amendments to the criminal and
corporation laws; and
14. Exceptional as opposed to general jurisdiction affecting
the higher courts of the District.
Another indication of the committee's jurisdiction may be obtained
from an examination of one of its calendars. The committee's final
calendar for the 92d Congress included bills pertaining to the
following subjects [enumeration added]:
1. Bus companies, authorization for the acquisition of four;
2. Chanceries, location of;
3. Consumer credit legislation;
4. Criminal penalties for assaults on firemen;
5. Dentistry;
6. Employee conditions of work, pay, and fringe benefits;
7. Incorporation of various organizations;
8. Motor vehicle interstate agreements;
9. Nelson Commission, extension of;
10. Podiatry;
11. Public conveyance of persons;
12. Revenue legislation, including authorizing of federal
payment;
13. School fare subsidy;
14. Tax exemptions (i.e., the Daughters of the American
Revolution, the Reserve Officers Association, etc.);
15. Unemployment compensation coverage; and
16. Uniform Commercial Code, amendments to.
As the precedents reveal, the jurisdiction of the committee has
also extended to such subjects as coordinating the development of the
District with other areas in the metropolitan region; (5)
using federal land for government parking facilities (6)
exchanging park lands for land suitable to parkway construction;
(7) authorizing the construction of bridges which would
cross over into Virginia; (8) authorizing the Surgeon
General to make grants ultimately aiding George Washington University
Hospital; (9) and affecting changes in the jurisdiction of
courts-martial of the D.C. militia.(10)
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5. Sec. 35.4, infra.
6. Sec. 35.7, infra.
7. Sec. 35.1, infra.
8. Sec. 35.3, infra.
9. Sec. 35.6, infra.
10. Sec. 35.9, infra.
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[[Page 2849]]
In terms of oversight duties, the committee's main concern is with
the government of the District of Columbia. Inasmuch as the executive
branch routinely interacts with that government, through appointments
and budgeting, the committee's oversight jurisdiction extends to the
Departments of Health, Education, and Welfare, Interior, and
Transportation as well as the General Services Administration and the
Office of Management and Budget.
The 1973 subcommittees of the Committee on the District of Columbia
consisted of:
1. The Subcommittee on Business, Commerce and Taxation;
2. The Subcommittee on Education;
3. The Subcommittee on Government Operations;
4. The Subcommittee on the Judiciary;
5. The Subcommittee on Labor, Social Services and the
International Community; and
6. The Subcommittee on Revenue and Financial Affairs.
Considering the matter from a long-range perspective, the
jurisdiction of the Committee on the District of Columbia is affected
by three other major factors. First, since the city of Washington,
D.C., has obtained home rule, the committee's jurisdiction has
changed.(1) Second, the committee is obliged to constantly
examine general legislation which applies to the states to ascertain
whether or not the particular legislation embraces the District of
Columbia or if it should. Third, the ultimate source of congressional
oversight over the District is the U.S. Constitution, itself, which
provides (2) that the Congress shall have power ``To
exercise exclusive Legislation in all Cases whatsoever, over such
District . . . as may . . . become the Seat of Government of the United
States. . . .''
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1. See Pub. L. No. 93-198, the District of Columbia Self-Government
and Governmental Reorganization Act, which provides procedures
for congressional disapproval of laws which the act authorized
the government of the District to enact; matters submitted to
Congress under that act, and resolutions approving or
disapproving actions of the District government, fall within
the jurisdiction of the Committee on the District of Columbia.
2. U.S. Const. art I, Sec. 8, clause
17. -------------------
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Land Use in the District
Sec. 35.1 In the 76th Congress, the Committee on the District of
Columbia and not the Committee on the Public Lands (now the
Committee on Interior and Insular Affairs) had jurisdiction of a
bill providing for the exchange of certain park lands at the
[[Page 2850]]
northern boundary of Piney Branch Parkway, near Argyle Terrace, for
other lands more suitable for the use and development of Piney
Branch Parkway.
On July 1, 1939,(3) Mr. Rene L. DeRouen, of Louisiana,
obtained unanimous consent to have H.R. 6938 rereferred from the
Committee on Public Lands [now the Committee on Interior and Insular
Affairs], to the Committee on the District of Columbia.(4)
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3. 84 Cong. Rec. 8521, 76th Cong. 1st Sess.
4. S. 2666, which was identical to H.R. 6938, was reported by the
Committee on the District of Columbia on June 30, 1939 (S.
Rept. No. 711).
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Sec. 35.2 The Committee on the District of Columbia, and not the
Committee on House Administration, has exercised jurisdiction over
a resolution relating to the National Capitol Planning Commission's
providing a suitable site for erection of a statue by the State of
Maine.
On Sept. 14, 1962,(5) Omar T. Burleson, of Texas,
Chairman of the Committee on House Administration, obtained unanimous
consent to rerefer House Resolution 799 from his committee to the
Committee on the District of Columbia.(6)
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5. 108 Cong. Rec. 19454, 87th Cong. 2d Sess.
6. H. Res. 799 was reported by the Committee on the District of
Columbia on Sept. 20, 1962 (H. Rept. No. 2445).
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Sec. 35.3 The Committee on the District of Columbia and not the
Committee on Interstate and Foreign Commerce has jurisdiction of a
proposal to amend the act entitled ``an act authorizing and
directing the Commissioners of the District of Columbia to
construct two four-lane bridges to replace the existing 14th Street
or Highway Bridge across the Potomac River, and for other
purposes.''
On May 21, 1956,(7) J. Percy Priest, of Tennessee,
Chairman of the Committee on Interstate and Foreign Commerce, obtained
unanimous consent to have his committee discharged from further
consideration of a letter from the president of the District of
Columbia's Board of Commissioners (Exec. Comm. No. 1602), containing a
draft of the proposed legislation described above and to have the
letter rereferred to the
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7. 102 Cong. Rec. 8582, 84th Cong. 2d Sess.
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[[Page 2851]]
Committee on the District of Columbia.
D.C. Metropolitan Development
Sec. 35.4 Under the rules in effect in the 86th Congress, the Committee
on the District of Columbia, and not the Committee on Interstate
and Foreign Commerce, had jurisdiction of regulations to establish
an objective for coordinating the development of the District of
Columbia with that of other areas in the Washington metropolitan
region.
On Jan. 14, 1960,(8) Oren Harris, of Arkansas, Chairman
of the Committee on Interstate and Foreign Commerce, obtained unanimous
consent to have Senate Joint Resolution 42 discharged from the
consideration of his committee and rereferred to the Committee on the
District of Columbia.
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8. 106 Cong. Rec. 560, 86th Cong. 2d Sess.
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Parliamentarian's Note: The primary emphasis of Senate Joint
Resolution 42 was on coordinating actions in the fields of health,
traffic, and other areas.(9)
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9. S.J. Res. 42 was reported by the Committee on the District of
Columbia on June 7, 1960 (H. Rept. No. 1759).
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Consolidation of Corporations
Sec. 35.5 In the 88th Congress, the Committee on the District of
Columbia, and not the Committee on the Judiciary, had jurisdiction
of a bill authorizing a corporation chartered under the laws of the
District of Columbia to consolidate with a corporation chartered
under the laws of a state [the resultant corporation to be subject
to the laws of the District].
On May 6, 1963,(10) by direction of the Committee on the
Judiciary, Mr. Charles McC. Mathias, Jr., of Maryland, obtained
unanimous consent to have H.R. 5342 rereferred from that committee to
the Committee on the District of Columbia.
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10. 109 Cong Rec. 7812, 88th Cong. 1st Sess.
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Parliamentarian's Note: The primary emphasis of H.R. 5342 was to
authorize the consolidation of the Association of Universalist Women
with the Alliance of Unitarian Women.
George Washington University Hospital Facilities; Grants to Construct
Sec. 35.6 In the 87th Congress, the Committee on the District of
[[Page 2852]]
Columbia, and not the Committee on Interstate and Foreign Commerce,
had jurisdiction of a bill authorizing the Surgeon General to make
grants to George Washington University to aid in planning and
constructing new facilities in the District at the George
Washington University Hospital.
On Sept. 5, 1961,(11) Oren Harris, of Arkansas, Chairman
of the Committee on Interstate and Foreign Commerce obtained unanimous
consent to have H.R. 8916 rereferred from his committee to the
Committee on the District of Columbia.(12)
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11. 107 Cong. Rec. 18132, 87th Cong. 1st Sess.
12. H.R. 8916 was reported by the Committee on the District of Columbia
on Mar. 9, 1962 (H. Rept. No. 1413).
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Parking Facilities on Federal Land
Sec. 35.7 In the 91st Congress, the Committee on the District of
Columbia, and not the Committee on Public Works, had jurisdiction
of a bill which (1) authorized the Commissioners of the District of
Columbia to construct, maintain, and operate parking facilities for
government employees and visitors, in the District and in
surrounding fringe areas on federal land, and (2) provided that the
proceeds from parking fees were to be applied to the District of
Columbia public schools.
On Jan. 29, 1969,(13) George H. Fallon, of Maryland,
Chairman of the Committee on Public Works, obtained unanimous consent
to have his committee discharged from further consideration of
H.R. 2194 and to have it rereferred to the Committee on the District of
Columbia.
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13. 115 Cong. Rec. 2101, 91st Cong. 1st Sess.
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Parliamentarian's Note: H.R. 2194 was originally referred to the
Committee on Public Works because of the provision which permitted the
commissioners to construct ``fringe area parking lots,'' outside of the
District of Columbia. However, the Committee on Public Works expressed
its willingness to have the bill rereferred.
Public Employment Service
Sec. 35.8 The Committee on the District of Columbia and not the
Committee on Education and Labor has jurisdiction of a bill and an
executive communication relating thereto, ``to transfer to the
govern
[[Page 2853]]
ment of the District of Columbia the Public Employment Service for
the District of Columbia.''
On Mar. 28, 1957,(14) Graham A. Barden, of North
Carolina, Chairman of the Committee on Education and Labor, obtained
unanimous consent to have H.R. 5021 and accompanying Executive
Communication No. 431 from the Assistant Secretary of Labor, rereferred
from his committee to the Committee on the District of Columbia.
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14. 103 Cong. Rec. 4664, 85th Cong. 1st Sess.
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District of Columbia Militia
Sec. 35.9 The Committee on the District of Columbia, and not the
Committee on Armed Services, has jurisdiction of a bill amending
the District of Columbia Code to provide that the jurisdiction of
courts-martial of the District of Columbia militia shall extend to
militia members not in active federal service.
On May 4, 1972,(15) by direction of Chairman F. Edward
Hebert, of Louisiana, of the Committee on Armed Services, Mr. G. V.
(Sonny) Montgomery, of Mississippi, obtained unanimous consent to have
H.R. 9807 rereferred from that committee to the Committee on the
District of Columbia.
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15. 118 Cong. Rec. 15778, 92d Cong. 2d Sess.
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