[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[§ 44. Committee on Merchant Marine and Fisheries]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 2957-2970]
CHAPTER 17
Committees
C. COMMITTEE PROCEDURE
Sec. 44. Committee on Merchant Marine and Fisheries
The Committee on Merchant Marine and Fisheries was established on
Dec. 21, 1887,(7) to take the place of the old Select
Committee on Shipbuilding and Shipowning Interests. The committee was
primarily ocean-oriented, and because of the importance of wireless
telegraphy (i.e., radio) in maritime commerce, sea disasters, and naval
operations,(8) the committee was given jurisdiction over
matters relating to radio services in 1919.(9) In 1932, the
committee's name changed to become the Committee on Merchant Marine,
Radio, and Fisheries; however, the new name lasted only briefly as the
committee was divested of radio services jurisdiction by House
resolution (~10) in 1935. The same resolution also increased
the jurisdictional breadth of the committee by transferring to it
subject matters formerly within the realm of the Committee on
Interstate and Foreign Commerce.(~11) The Legislative
Reorganization Act of 1946 (12) further enhanced the
committee's jurisdiction. Under the 1973 rules (~13) the
committee's jurisdiction read as follows:
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7. 4 Hinds' Precedents Sec. 4129.
8. See Walter J. Oleszek, ``Monographs on the Committees of the House
of Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974),
committee print, p. 110.
9. The committee had reported on measures pertaining to radio
communication before that, however; see 7 Cannon's Precedents
Sec. 1853.
10. H. Res. 126, 79 Cong. Rec. 2631, 74th Cong. 1st Sess., Feb. 26,
1935.
11. The Committee on Interstate and Foreign Commerce forfeited its
jurisdiction over all transportation by water, the Coast Guard,
lifesaving service, lighthouses, lightships, ocean derelicts,
the Coast and Geodetic Survey, and the Panama Canal. See
Sec. 44.19, infra.
12. 60 Stat. 812.
13. Rule XI clause 14, House Rules and Manual Sec. 709 (1973). See Rule
X clause 1(n), House Rules and Manual Sec. 683 (1979).
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(a) Merchant marine generally.
(b) Coast and Geodetic Survey.
(c) Coast Guard, including lifesaving service, lighthouses,
lightships, and ocean derelicts.
(d) Fisheries and wildlife, including research, restoration,
refuges, and conservation.
(e) Measures relating to the regulation of common carriers by
water (except matters subject to the jurisdiction of the Interstate
Commerce Commission) and to the inspection of merchant marine
vessels, lights and signals, lifesaving equipment, and fire
protection on such vessels.
[[Page 2958]]
(f) Merchant marine officers and seamen.
(g) Navigation and the laws relating thereto, including
pilotage.
(h) Panama Canal and the maintenance and operation of the
Panama Canal, including the administration, sanitation, and
government of the Canal Zone; and interoceanic canals generally.
(i) Registering and licensing of vessels and small boats.
(j) Rules and international arrangements to prevent collisions
at sea.
(k) United States Coast Guard and Merchant Marine Academies.
As noted in the House Rules and Manual,(14) the
jurisdiction of this committee includes the general subjects of
shipbuilding, admission of foreign-built ships, registering and
licensing of vessels,(15) including pleasure
yachts,(16) tonnage taxes and fines and penalties on
vessels,(17) the extension and increase of the merchant
marine,(l8) navigation and the laws relating
thereto,(19) pilotage,(20) the naming and
measuring of vessels,(1) rules, and international
arrangements to prevent collisions at sea,(2) and the
shipping, wages, treatment,(3) and health of
sailors.(4)
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14. Rule XI clause 14, House Rules and Manual Sec. 710 (1973). See Rule
X clause 1(n), House Rules and Manual Sec. 683 (1979).
15. 4 Hinds' Precedents Sec. 4134.
16. Id. at Sec. 4143.
17. Id. at Sec. 4131, and 7 Cannon's Precedents Sec. 1856.
18. 4 Hinds' Precedents Sec. 4138.
19. Id. at Sec. 4130.
20. Id. at Sec. 4136.
1. Id. at Sec. 4132.
2. Id. at Sec. 4135.
3. Id. at Sec. 4140.
4. Id. at Sec. 4141.
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The committee has also exercised a general jurisdiction over
subjects relating to inspection of steam vessels as to hulls and
boilers (5) lights and signals,(6) and protection
from fire on vessels,(7) collisions, coasting districts,
marine schools, etc.,(8) regulation of small vessels
propelled by naphtha, etc., and transportation of inflammable
substances on passenger vessels,(9) the titles, conduct, and
licensing of officers of vessels,(10) and regulation of
shipping in Hawaii.(11) The committee exercises jurisdiction
as to the seal herds and other revenue-producing animals of
Alaska.(12)
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5. Id. at Sec. 4133, and 7 Cannon's Precedents Sec. 1854.
6. 4 Hinds' Precedents Sec. 4135.
7. Id. at Sec. 4141.
8. Id. at Sec. 4146, and 7 Cannon's Precedents Sec. 1857.
9. 4 Hinds' Precedents Sec. 4142.
10. Id. at Sec. 4139.
11. Id. at Sec. 4130.
12. 7 Cannon's Precedents Sec. Sec. 1725, 1851.
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As the precedents reveal, the committee's jurisdiction has also
extended to such matters as regulating the hours and pay of cer
[[Page 2959]]
tain civilian employees of the Coast Guard,(13) authorizing
construction of a geomagnetic station for the Department of
Commerce,(14) authorizing construction of a saltwater
marine-life research lab,(15) licensing commercial boat
personnel,(16) promoting foreign commerce through use of
mobile (seagoing) trade fairs,(17) and controlling the
shipment overseas of gasoline and petroleum products from the United
States.(18) The committee has also had jurisdiction over
measures relating to marine resources of the Continental Shelf and the
establishment of a Marine Exploration and Development
Commission,(19) the importation and interstate shipment of
endangered wildlife species,(20) and the use of radios on
shipboard.(21)
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13. Sec. 44.3, infra.
14. Sec. 44.8, infra.
15. Sec. 44.7, infra.
16. Sec. 44.9, infra.
17. Sec. 44.12, infra.
18. Sec. 44.14, infra.
19. Sec. 44.10, infra.
20. Sec. 44.21, infra.
21. Sec. 44.18, infra. The committee's jurisdiction over this subject
was with the consent of the Committee on Interstate and Foreign
Commerce although the legislation in question called for
amendment of the Communications Act of 1934.
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In 1973, the Committee on Merchant Marine and Fisheries maintained
five subcommittees, as follows:
1. Subcommittee on Coast Guard and Navigation;
2. Subcommittee on Fisheries and Wildlife Conservation and the
Environment;
3. Subcommittee on Merchant Marine;
4. Subcommittee on Oceanography; and
5. Subcommittee on Panama Canal.
The Committee Reform Amendments of 1974 broadened the jurisdiction
of the Committee on Merchant Marine and Fisheries over Coast and
Geodetic Survey to include the entire subject of oceanography and
marine affairs, including coastal zone management; the amendments also
granted the committee jurisdiction over state maritime academies and
international fishing
agreements. -------------------
Canadian Registered Ship--Permitting Travel Between American Ports
Sec. 44.1 The Committee on Merchant Marine and Fisheries and not the
Committee on Interstate and Foreign Commerce has jurisdiction of a
joint resolution to permit travel by ship of Canadian registry
between American ports.
[[Page 2960]]
On May 5, 1941,(22) Schuyler Otis Bland, of Virginia,
Chairman of the Committee on Merchant Marine and Fisheries, obtained
unanimous consent that the joint resolution (H.J. Res. 166), which was
referred to the Committee on Interstate and Foreign Commerce, be
rereferred to the Committee on Merchant Marine and Fisheries. In so
doing Mr. Bland noted that both the author of the resolution and the
Chairman of the Committee on Interstate and Foreign Commerce were in
agreement with such action.(23)
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22. 87 Cong. Rec. 3596, 77th Cong. 1st Sess.
23. H.J. Res. 166 was reported by the Committee on Merchant Marine and
Fisheries on June 6, 1941 (H. Rept. No. 744).
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Canal Zone Code and Postage Stamp Designs
Sec. 44.2 The Committee on Merchant Marine and Fisheries and not the
Committee on Post Office and Civil Service has jurisdiction of a
bill amending the Canal Zone Code to prescribe the design of
postage stamps to be used in the Canal Zone postal service.
On July 2, 1963,(24) Thomas J. Murray, of Tennessee,
Chairman of the Committee on Post Office and Civil Service, obtained
unanimous consent to have his committee discharged from further
consideration of the bill (H.R. 6081), and to have it rereferred to the
Committee on Merchant Marine and Fisheries.
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24. 109 Cong. Rec. 12120, 88th Cong. 1st Sess.
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Civilian Employees of Coast Guard--Duties and Pay
Sec. 44.3 The Committee on Merchant Marine and Fisheries and not the
Committee on Post Office and Civil Service has jurisdiction of a
bill and an executive communication pertaining thereto, to regulate
the hours of duty and the pay of civilian keepers of lighthouses
and civilians employed on lightships and other vessels of the Coast
Guard.
On Mar. 21, 1949,(25) Thomas J. Murray, of Tennessee,
Chairman of the Committee on Post Office and Civil Service, obtained
unanimous consent to have the bill (H. R. 3294), and a letter from the
Acting Secretary of the Treasury pertaining thereto (Exec. Comm. No.
289), rereferred from his committee to the Committee on Merchant Marine
and Fisheries. In so
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25. 95 Cong. Rec. 2868, 81st Cong. 1st Sess.
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[[Page 2961]]
doing, Mr. Murray noted that he had made his request at the suggestion
of the Chairman of the Committee on Merchant Marine and Fisheries.
Coast and Geodetic Survey Officers
Sec. 44.4 The Committee on Merchant Marine and Fisheries and not the
Committee on Armed Services has jurisdiction of a bill to extend to
commissioned officers of the Coast and Geodetic Survey the
provisions of the Armed Forces Leave Act of 1946.
On Mar. 11, 1949,(26) Carl Vinson, of Georgia, Chairman
of the Committee on Armed Services obtained unanimous consent to have
his committee discharged from further consideration of the bill (H.R.
2572), and to have it referred to the Committee on Merchant Marine and
Fisheries.(27)
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26. 95 Cong. Rec. 2277, 81st Cong. 1st Sess.
27. H.R. 2572 was reported by the Committee on Merchant Marine and
Fisheries on June 29, 1949 (H. Rept. No. 950).
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Fisheries Research--Aiding Fish Restoration and Management Projects
Sec. 44.5 The Committee on Merchant Marine and Fisheries and not the
Committee on Ways and Means has jurisdiction of a bill to provide
that the United States shall aid the states in fish restoration and
management projects.
On Feb. 25, 1941,(28) by direction of the Committee on
Ways and Means, Mr. Frank H. Buck, of California, obtained unanimous
consent to have that committee discharged from further consideration of
the bill (H.R. 3361), and to have it rereferred to the Committee on
Merchant Marine and Fisheries.
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28. 87 Cong. Rec. 1389, 77th Cong. 1st Sess.
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Conveyance of Land Formerly Operated as Federal Fish Cultural Station
Sec. 44.6 The Committee on Merchant Marine and Fisheries and not the
Committee on Public Lands (now the Committee on Interior and
Insular Affairs), had jurisdiction of a bill to grant a certain
parcel of land in St. Louis County, Minnesota (formerly operated as
a federal fish cultural station), to the University of Minnesota.
On May 13, 1948,(29) Mr. Fred L. Crawford, of Michigan,
ob
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29. 94 Cong. Rec. 5823, 80th Cong. 2d Sess.
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[[Page 2962]]
tained unanimous consent that the bill (H.R. 6446), which was
previously referred to the Committee on Public Lands (now the Committee
on Interior and Insular Affairs), be rereferred to the Committee on
Merchant Marine and Fisheries.In so doing, Mr. Aspinall noted that ``It
is the sense of the Committee on Interior and Insular Affairs that this
bill properly comes within the scope and jurisdiction of the Committee
on Merchant Marine and Fisheries.''
Construction of Saltwater Marine-life Research Laboratory
Sec. 44.7 The Committee on Merchant Marine and Fisheries and not the
Committee on Interior and Insular Affairs had jurisdiction in the
86th Congress of a bill to provide for construction of a saltwater
marine-life research laboratory.
On Feb. 16, 1959,(1) Wayne N. Aspinall, of Colorado,
Chairman of the Committee on Interior and Insular Affairs, requested
unanimous consent to have his committee discharged from further
consideration of the bill (H.R. 4402), and to have it rereferred to the
Committee on Merchant Marine and Fisheries. In so doing, Mr. Aspinall
noted that ``It is the sense of the Committee on Interior and Insular
Affairs that this bill properly comes within the scope and jurisdiction
of the Committee on Merchant Marine and Fisheries.''
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1. 105 Cong. Rec. 2382, 86th Cong. 1st Sess.
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Immediately thereafter, the House granted unanimous consent.
Geomagnetic Station for Department of Commerce
Sec. 44.8 The Committee on Merchant Marine and Fisheries and not the
Committee on Interstate and Foreign Commerce has jurisdiction of an
executive communication transmitting a draft of a bill entitled
``To authorize the construction and equipment of a geomagnetic
station for the Department of Commerce.''
On Sept. 13, 1950,(2) Mr. Lindley Beckworth, of Texas,
obtained unanimous consent that the Committee on Interstate and Foreign
Commerce be discharged from further consideration of a letter from the
Acting Secretary of Commerce (Exec. Comm. No.
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2. 96 Cong. Rec. 14746, 81st Cong. 2d Sess.
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[[Page 2963]]
1652), and that the communication be referred to the Committee on
Merchant Marine and Fisheries.
Licensing of Commercial Boat Personnel
Sec. 44.9 The Committee on Merchant Marine and Fisheries and not the
Committee on Ways and Means has jurisdiction of a bill relating to
the licensing of personnel on tug boats, towing boats, and freight
boats [amending 46 USC Sec. 405].
On Oct. 7, 1969,(3) Mr. James A. Burke, of
Massachusetts, on behalf of the Chairman of the Committee on Ways and
Means,(4) obtained unanimous consent to have that committee
discharged from further consideration of the bill (H. R. 14186), and to
have it rereferred to the Committee on Merchant Marine and Fisheries.
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3. 115 Cong. Rec. 28798, 91st Cong. 1st Sess.
4. Wilbur D. Mills (Ark.).
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Parliamentarian's Note: There was no jurisdictional conflict with
respect to H.R. 14186. The bill was inadvertently referred to the
Committee on Ways and Means when it was introduced on Oct. 3, 1969.
Marine Resources of the Continental Shelf; Marine Exploration and
Development
Sec. 44.10 In the 89th Congress, the Committee on Merchant Marine and
Fisheries and not the Committee on Interior and Insular Affairs had
jurisdiction of a bill relating to marine resources of the
Continental Shelf and establishment of a Marine Exploration and
Development Commission.
On Mar. 15, 1965,(5) Wayne N. Aspinall, of Colorado,
Chairman of the Committee on Interior and Insular Affairs, obtained
unanimous consent to have his committee discharged from further
consideration of the bill (H.R. 6009), and to have it rereferred to the
Committee on Merchant Marine and Fisheries.
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5. 111 Cong. Rec. 5001, 89th Cong. 1st Sess.
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On Mar. 17, 1965,(6) Mr. Aspinall similarly obtained
unanimous consent to have an identical bill (H.R. 5884), rereferred
from his committee to the Committee on Merchant Marine and Fisheries.
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6. 111 Cong. Rec. 5285, 89th Cong. 1st Sess.
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Parliamentarian's Note: Both bills were initially referred to the
[[Page 2964]]
Committee on Interior and Insular Affairs because they dealt with the
development of the land mass beneath the sea. The rereferrals were at
the instigation of the chairman, who declined jurisdiction.
Merchant Marine Act
Sec. 44.11 The Committee on Merchant Marine and Fisheries and not the
Committee on Ways and Means has jurisdiction of a bill to amend
title V of the Merchant Marine Act of 1936.
On Feb. 2, 1959,(7) Speaker Sam Rayburn, of Texas,
recognized Wilbur D. Mills, of Arkansas, Chairman of the Committee on
Ways and Means, who made the following statement:
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7. 105 Cong. Rec. 1606, 86th Cong. 1st Sess.
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Mr. Speaker, on January 12, last, H.R. 2181, to amend title V
of the Merchant Marine Act, 1936, as amended, to promote the
maintenance of the American fishing fleet under competitive
conditions and in the interest of sustained fish food supplies in
case of emergency, and for other purposes, was referred to the
Committee on Ways and Means. The bill proposes to amend an act that
comes within the jurisdiction of the Committee on Merchant Marine
and Fisheries.
I ask unanimous consent, therefore, that the bill be referred
to the Committee on Merchant Marine and Fisheries.
Immediately thereafter, unanimous consent was granted.
Mobile (Seagoing) Trade Fairs
Sec. 44.12 In the 87th Congress, the Committee on Merchant Marine and
Fisheries and not the Committee on Interstate and Foreign Commerce
had jurisdiction of a bill designed to promote foreign commerce
abroad through use of mobile [seagoing] trade fairs.
On Aug. 27, 1962,(8) Oren Harris, of Arkansas, Chairman
of the Committee on Interstate and Foreign Commerce, obtained unanimous
consent to have his committee discharged from further consideration of
the bill (S. 3389), and to have it rereferred to the Committee on
Merchant Marine and Fisheries.
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8. 108 Cong. Rec. 17706, 87th Cong. 2d Sess.
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Parliamentarian's Note: While the text of the bill (S. 3389), did
not disclose the fact, the trade fair contemplated by this bill would
have involved U.S. naval or merchant vessels outfitted for this special
purpose.(9~)
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9. S. 3389 was reported by the Committee on Merchant Marine and
Fisheries on Sept. 21, 1962 (H. Rept. No. 2463).
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[[Page 2965]]
Private Bill Conveying Land to Utility Company
Sec. 44.13 In the 87th Congress, the Committee on Merchant Marine and
Fisheries and not the Committee on Interior and Insular Affairs had
jurisdiction of a private bill to provide for the conveyance of
certain land under the control of the Bureau of Sport Fisheries to
a utility company.
On Feb. 28, 1961,(10) Wayne N. Aspinall, of Colorado,
Chairman of the Committee on Interior and Insular Affairs, requested
unanimous consent to have his committee discharged from further
consideration of the private bill (H.R. 3840), and to have it
rereferred to the Committee on Merchant Marine and Fisheries. In so
doing, Mr. Aspinall noted:
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10. 107 Cong. Rec. 2858, 87th Cong. 1st Sess.
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. . . It is the sense of the Committee on Interior and Insular
Affairs that this bill properly comes within the scope and
jurisdiction of the Committee on Merchant Marine and Fisheries.
Immediately thereafter, the House granted unanimous consent.
Parliamentanian's Note: The land to be conveyed was under the
control of the Bureau of Sport Fisheries and Wildlife, and was used for
conservation and wildlife refuge purposes.(11)
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11. H.R. 3840 was reported by the Committee on Merchant Marine and
Fisheries on Aug. 23, 1961 (H. Rept. No. 1019).
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Petroleum Shipment Overseas
Sec. 44.14 The Committee on Merchant Marine and Fisheries and not the
Committee on Armed Services has jurisdiction of a bill to control
the shipment to foreign countries of gasoline and petroleum
products from the United States.
On July 17, 1947,(12) Walter G. Andrews, of New York,
Chairman of the Committee on Armed Services, obtained unanimous consent
to have his committee discharged from further consideration of the bill
(H.R. 4042), and to have it rereferred to the Committee on Merchant
Marine and Fisheries.(13)
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12. 93 Cong. Rec. 9205, 80th Cong. 1st Sess.
13. H.R. 4042 was reported by the Committee on Merchant Marine and
Fisheries on July 21, 1947 (H. Rept. No. 1018).
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[[Page 2966]]
Retirement Benefits of Lighthouse Service Employees
Sec. 44.15 The Committee on Merchant Marine and Fisheries and not the
Committee on Post Office and Civil Service has jurisdiction of a
bill to provide benefits for the widows of certain persons who were
retired or are eligible for retirement under section 6 of the act
entitled ``An act to authorize aids to navigation and for other
works in the Lighthouse Service, and for other purposes'' [approved
June 20, 1918, as amended].
On Feb. 20, 1950,(14) Thomas J. Murray, of Tennessee,
Chairman of the Committee on Post Office and Civil Service, obtained
unanimous consent to have his committee discharged from further
consideration of the bill (H.R. 7192), and to have it referred to the
Committee on Merchant Marine and Fisheries.(15)
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14. 96 Cong. Rec. 1983, 81st Cong. 2d Sess.
15. H.R. 7192 was reported by the Committee on Merchant Marine and
Fisheries on June 26, 1950 (H. Rept. No. 2328).
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Sec. 44.16 The Committee on Merchant Marine and Fisheries and not the
Committee on Post Office and Civil Service has jurisdiction of a
bill to increase the retirement pay of certain employees of the
former Lighthouse Service.
On Mar. 21, 1949,(16) Thomas J. Murray, of Tennessee,
Chairman of the Committee on Post Office and Civil Service, obtained
unanimous consent to have the bill (H.R. 2986), rereferred from his
committee to the Committee on Merchant Marine and Fisheries. In so
doing, Mr. Murray noted that he had made his request at the suggestion
of the Chairman of the Committee on Merchant Marine and Fisheries.
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16. 95 Cong. Rec. 2868, 81st Cong. 1st Sess.
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Retirement Pay of Members of Life Saving Service
Sec. 44.17 The Committee on Merchant Marine and Fisheries and not the
Committee on Post Office and Civil Service has jurisdiction of a
bill to amend the Act of Apr. 14, 1930, to provide increased
retirement pay for certain members of the former life saving
service.
On Feb. 5, 1947,(17) Mr. T. Millet Hand, of New Jersey,
obtained
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17. 93 Cong. Rec. 800, 80th Cong. 1st Sess.
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[[Page 2967]]
unanimous consent that the bill (H.R. 70), which was originally
referred to the Committee on Post Office and Civil Service, be
rereferred to the Committee on Merchant Marine and Fisheries. In so
doing, he noted that the chairmen of both committees had no objection
to the rereference.
Shipboard Radios
Sec. 44.18 The Committee on Merchant Marine and Fisheries and not the
Committee on Interstate and Foreign Commerce has jurisdiction of a
bill relating entirely to the use of radios on shipboard.
On June 8, 1936,(18) Schuyler Otis Bland, of Virginia,
Chairman of the Committee on Merchant Marine and Fisheries, requested
unanimous consent that the Committee on Interstate and Foreign Commerce
be discharged from further consideration of a bill (S. 4619), to amend
the Communications Act of 1934, approved June 19, 1934, for the purpose
of promoting safety of life and property through the use of wire and
radio communications and for other purposes, and that the bill be
referred to the Committee on Merchant Marine and Fisheries. In so
doing, he noted that ``This bill relates entirely to radios on
shipboard, and for that reason the chairman of the Committee on
Interstate and Foreign Commerce agrees that it should be referred to
the Committee on Merchant Marine and Fisheries.''
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18. 80 Cong. Rec. 9244, 74th Cong. 2d Sess.
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Immediately thereafter, the House granted unanimous consent.
Water Transportation; Rate Regulation on Inland Waterways
Sec. 44.19 The House having effected a transfer of jurisdiction by
unanimous consent and by amendment of the rules, the Committee on
Merchant Marine and Fisheries and not the Committee on Interstate
and Foreign Commerce obtained jurisdiction over all water
transportation except the regulation of rates on inland waterways.
On Feb. 26, 1935,(19) Sam Rayburn, of Texas, Chairman of
the Committee on Interstate and Foreign Commerce, asked unanimous
consent that a bill (H.R. 5379), to amend the Interstate Commerce Act,
as amended, by providing for the regulation of the transpor
[[Page 2968]]
tation of passengers and property by water carriers operating in
interstate and foreign commerce, be rereferred from the committee he
chaired to [what was then] the Committee on Merchant Marine, Radio, and
Fisheries. He additionally asked unanimous consent that thereafter all
bills relating to or affecting transportation by water carriers,
regardless of the fact that they may amend an act which was originally
considered by the Committee on Interstate and Foreign Commerce, be
referred to the Committee on Merchant Marine, Radio, and Fisheries.
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19. 79 Cong. Rec. 2623, 74th Cong. 1st Sess.
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Under reservation of objection, several Members initiated a series
of exchanges relating to the unanimous-consent request. In an effort to
explain the situation, Mr. Frederick R. Lehlbach, of New Jersey, noted
that:(20)
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20. Id. at p. 2624.
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This unanimous-consent request is to be immediately followed by
the presentation of a rule coming from the Rules Committee which
further deals with the subject matter of jurisdiction. It does not
in any way bring about a conflict of jurisdiction. Insofar as
cooperation and coordination with respect to rates of competing
water, highway, and railroad carriers are concerned, that is with
the Interstate Commerce Committee, but all shipping matters
concerning vessels on the rivers and on the coast and in overseas
transportation have always belonged to the Merchant Marine
Committee.
At another juncture, the chairmen of the two committees involved
were queried as follows:
Mr. [Robert F.] Rich [of Pennsylvania]: Reserving the right to
object, I should like to ask the Chairman of the Interstate
Commerce Committee if the regulation of rates will still be under
the jurisdiction of his committee?
Mr. Rayburn: Yes.
Mr. [Francis D.] Culkin [of New York]: Reserving the right to
object, I should like to ask the distinguished Chairman of the
Committee on Merchant Marine, Radio, and Fisheries, on which I
happen to serve, if this resolution or proposition proposes that
all maritime matters go to the Committee on Merchant Marine and
Fisheries? Is that the understanding?
Mr. [Schuyler Otis] Bland [of Virginia]: Not as to inland
waters.
Mr. Lehlbach then stated:
The fact is at the present time inland navigation with respect
to its physical aspect is now with the Merchant Marine and
Fisheries Committee. Insofar as the rate structure is concerned
relative to the various means of transportation in interstate
commerce, particularly where it competes with railroads, that
remains with the Interstate Commerce Committee, and there is no
conflict at all.
Shortly thereafter, the House granted unanimous consent.
A few moments after that,(1) John J. O'Connor, of New
York,
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1. Id. at p. 2627.
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[[Page 2969]]
Chairman of the Committee on Rules, called up House Resolution 126,
which had been previously alluded to by Mr. Lehlbach as he initially
explained the unanimous-consent request. House Resolution 126 read as
follows:
Resolved, That the rules of the House of Representatives are
amended in the following manner:
``Rule X, clause 9. On the Merchant Marine and Fisheries, to
consist of 21 Members.(2)
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2. The only change to be affected by this clause was to remove the
word, ``Radio'' from the name of the Committee on Merchant
Marine, Radio, and Fisheries, thus renaming the committee. See
H. Jour. 875, 73d Cong. 2d Sess. (1934).
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``Rule XI, clause 7. To commerce--to the Committee on
Interstate and Foreign Commerce.(3)
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3. At the time, this clause provided that legislative subject matters
relating ``to commerce, life-saving service, and lighthouses,
other than appropriations for life-saving service and
lighthouses'' were to be referred to the Committee on
Interstate and Foreign Commerce; see H. Jour. 875, 73d Cong. 2d
Sess. (1934).
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``Rule XI, clause 9. To the merchant marine, including all
transportation by water, Coast Guard, life-saving service,
lighthouses, lightships, ocean derelicts, Coast and Geodetic
Survey, Panama Canal, and fisheries--to the Committee on Merchant
Marine and Fisheries.''(4)
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4. At the time, this clause provided that legislative subject matters
relating ``to merchant marine, radio, and fisheries'' were to
be referred to the Committee on Merchant Marine, Radio, and
Fisheries; see H. Jour. 875, 73d Cong. 2d Sess. (1934).
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In the course of discussing the resolution, Mr. O'Connor noted
that:
. . . Both committees have agreed entirely to the resolution
and the question of their respective jurisdiction. . . .
. . . The Rules Committee came to the determination that you
could not properly divide communications, and that radio,
telegraph, telephone, and cable inevitably went together, and, the
Interstate Commerce Committee having jurisdiction of most of those
subjects and for a longer time than the Merchant Marine Committee
had jurisdiction over radio, it was thought best and fairest to put
radio in the Committee on Interstate and Foreign Commerce. On the
other hand the Merchant Marine Committee reestablishes and reclaims
its jurisdiction over the merchant marine and over many matters
which were under the jurisdiction of the Interstate and Foreign
Commerce Committee.
Discussion of the measure continued, after which the resolution was
agreed to by voice vote.(5)
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5. 79 Cong. Rec. 2631, 74th Cong. 1st Sess., Feb. 26, 1935.
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Wildlife Conservation Through Land-use Practices
Sec. 44.20 The Committee on Merchant Marine and Fisheries
[[Page 2970]]
and not the Committee on Agriculture has jurisdiction of a bill to
provide expert assistance and to cooperate with federal, state, and
other suitable agencies in promoting the conservation of wildlife
by promoting sound land-use practices.
On May 21, 1947,(6) Mr. Raymond H. Burke, of Ohio,
obtained unanimous consent to have the Committee on Agriculture
discharged from further consideration of the bill (H.R. 2472), and to
have it referred to the Committee on Merchant Marine and Fisheries.
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6. 93 Cong. Rec. 5615, 80th Cong. 1st Sess.
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Wildlife; Importing and Shipping Endangered Species
Sec. 44.21 The Committee on Merchant Marine and Fisheries and not the
Committee on the Judiciary has jurisdiction of bills regulating the
importation and interstate shipment of wildlife species threatened
with extinction, even though such proposals include amendments to
title 18, United States Code, ``Crimes and Criminal Procedure''.
On Apr. 27, 1967,(7) Emanuel Celler, of New York,
Chairman of the Committee on the Judiciary, obtained unanimous consent
to have his committee discharged from further consideration of two
bills (H.R. 6138, H.R. 8693), and to have them rereferred to the
Committee on Merchant Marine and Fisheries.(8)
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7. 113 Cong. Rec. 11060, 90th Cong. 1st Sess.
8. Title 18 of the United States Code encompasses federal criminal law
and criminal procedure. Accordingly, the Committee on the
Judiciary normally deals with amendments thereto.
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