    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [Standing Rules of the Senate]
    [Pages 16-18]
    [From the U.S. Government Publishing Office, www.gpo.gov]

            17                            RULE XVII

                 REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF
                             COMMITTEES; AND HEARINGS AVAILABLE

          17.1      1. Except as provided in paragraph 3, in any case in
                which a controversy arises as to the jurisdiction of any
                committee with respect to any proposed legislation, the
                question of jurisdiction shall be decided by the presiding
                officer, without debate, in favor of the committee which has
                jurisdiction over the subject matter which predominates in
                such proposed legislation; but such decision shall be
                subject to an appeal.
          17.2      2. A motion simply to refer shall not be open to
                amendment, except to add instructions.
         17.3a      3. (a) Upon motion by both the majority leader or his
                designee and the minority leader or his designee, proposed
                legislation may be referred to two or more committees
                jointly or sequentially. Notice of such motion and the
                proposed legislation to which it relates shall be printed in
                the Congressional Record. The motion shall be privileged,
                but it shall not be in order until the Congressional Record
                in which the notice is printed has been available to
                Senators for at least twenty-four hours. No amendment to any
                such motion shall be in order except amendments to any
                instructions contained therein. Debate on any such motion,
                and all amendments thereto and debatable motions and appeals
                in connection therewith, shall be limited to not more than
                two hours, the time to be equally divided between, and
                controlled by, the majority leader and the minority leader
                or their designees.
         17.3b      (b) Proposed legislation which is referred to two or
                more committees jointly may be reported only by such
                committees jointly and only one report may accompany any
                proposed legislation so jointly reported.
         17.3c      (c) A motion to refer any proposed legislation to two or
                more committees sequentially shall specify the order of
                referral.
         17.3d      (d) Any motion under this paragraph may specify the
                portion or portions of proposed legislation to be considered

    [[Page 17]]

                by the committees, or any of them, to which such proposed
                legislation is referred, and such committees or committee
                shall be limited, in the consideration of such proposed
                legislation, to the portion or portions so specified.
         17.3e      (e) Any motion under this subparagraph may contain
                instructions with respect to the time allowed for
                consideration by the committees, or any of them, to which
                proposed legislation is referred and the discharge of such
                committees, or any of them, from further consideration of
                such proposed legislation.
         17.4a      4. (a) All reports of committees and motions to
                discharge a committee from the consideration of a subject,
                and all subjects from which a committee shall be discharged,
                shall lie over one day for consideration, unless by
                unanimous consent the Senate shall otherwise direct.
         17.4b      (b) Whenever any committee (except the Committee on
                Appropriations) has reported any measure, by action taken in
                conformity with the requirements of paragraph 7 of rule
                XXVI, no point of order shall lie with respect to that
                measure on the ground that hearings upon that measure by the
                committee were not conducted in accordance with the
                provisions of paragraph 4 of rule XXVI.
          17.5      5.\4\ Any measure or matter reported by any standing
                committee shall not be considered in the Senate unless the
                report of that committee upon that measure or matter has
                been available to Members for at least two calendar days
                (excluding Sundays and legal holidays) prior to the
                consideration of that measure or matter. If hearings have
                been held on any such measure or matter so reported, the
                committee reporting the measure or matter shall make every
                reasonable effort to have such hearings printed and
                available for distribution to the Members of the Senate
                prior to the consideration of such measure or matter in the
                Senate. This paragraph--
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                    \4\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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                            (1) may be waived by joint agreement of the
                        majority leader and the minority leader of the
                        Senate; and
                            (2) shall not apply to--
                                    (A) any measure for the declaration of
                                war, or the declaration of a national
                                emergency, by the Congress, and
                                    (B) any executive decision,
                                determination, or action which would become,
                                or continue to be, effec

    [[Page 18]]

                                tive unless disapproved or otherwise
                                invalidated by one or both Houses of
                                Congress.