III 

109TH CONGRESS 

1ST SESSION S. RES. 209 

To strengthen fiscal responsibility by improving Senate consideration of 

conference reports. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2005 

Mr. CONRAD (for himself and Mr. MCCAIN) submitted the following resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

To strengthen fiscal responsibility by improving Senate 

consideration of conference reports. 

1 SECTION 1. CONFERENCE REPORTS OUT OF ORDER. 

2 (a) AVAILABILITY.—It shall not be in order to con3 sider a report of a committee of conference under para4 graph 1 of rule XXVIII of the Standing Rules of the Sen5 ate unless such report is filed and made available 48 hours 

6 prior to presentation. 

7 (b) COST ESTIMATE OR TABLE.—It shall not be in 

8 order to consider a report of a committee of conference 

9 under paragraph 1 of rule XXVIII of the Standing Rules 

10 of the Senate unless an official written cost estimate or 
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•SRES 209 IS 

1 table by the Congressional Budget Office is available at 

2 the time of consideration. 

3 (c) JURISDICTION.—It shall not be in order to con4 sider a report of a committee of conference under para5 graph 1 of rule XXVIII of the Standing Rules of the Sen6 ate if the preponderance of matter in the conference report 

7 is not in the jurisdiction of the committee (or Appropria8 tions subcommittee for one of the regular appropriation 

9 bills) that had jurisdiction of the Senate passed bill sub10 mitted to conference. 

11 (d) SUPERMAJORITY WAIVER AND APPEAL.—This 

12 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 13 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 14 ⁄5 of the Members of 

15 the Senate, duly chosen and sworn, shall be required in 

16 the Senate to sustain an appeal of the ruling of the Chair 

17 on a point of order raised under this section. 

18 SEC. 2. EXTRANEOUS PROVISIONS OF CONFERENCE RE19 PORTS OUT OF ORDER. 

20 (a) PROVISIONS OUTSIDE SCOPE OF CON21 FERENCE.—It shall not be in order to consider a report 

22 of a committee of conference under paragraph 1 of rule 

23 XXVIII of the Standing Rules of the Senate if it contains 

24 extraneous material outside the scope of conference under 

25 rule XXVIII of the Standing Rules of the Senate. 
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•SRES 209 IS 

1 (b) PROVISIONS OUTSIDE JURISDICTION.—It shall 

2 not be in order to consider a report of a committee of 

3 conference under paragraph 1 of rule XXVIII of the 

4 Standing Rules of the Senate if it contains extraneous ma5 terial in the jurisdiction of a committee other than a com6 mittee from whom conferees were appointed. 

7 (c) FORM OF POINT OF ORDER.—It shall be in order 

8 for a Senator to raise a single point of order that several 

9 provisions of a bill, resolution, amendment, motion, or con10 ference report violate this section. The Presiding Officer 

11 may sustain the point of order as to some or all of the 

12 provisions against which the Senator raised the point of 

13 order. If the Presiding Officer so sustains the point of 

14 order as to some of the provisions against which the Sen15 ator raised the point of order, then only those provisions 

16 against which the Presiding Officer sustains the point of 

17 order shall be deemed stricken pursuant to this section. 

18 Before the Presiding Officer rules on such a point of 

19 order, any Senator may move to waive such a point of 

20 order as it applies to some or all of the provisions against 

21 which the point of order was raised. Such a motion to 

22 waive is amendable in accordance with the rules and prece23 dents of the Senate. After the Presiding Officer rules on 

24 such a point of order, any Senator may appeal the ruling 

25 of the Presiding Officer on such a point of order as it 
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1 applies to some or all of the provisions on which the Pre2 siding Officer ruled. 

3 (d) POINT OF ORDER SUSTAINED.—When the Senate 

4 is considering a conference report, upon a point of order 

5 being made by any Senator against extraneous material 

6 described in subsection (a) or (b), and such point of order 

7 being sustained, such material shall be deemed stricken 

8 as provided in subsection (c) and the Senate shall proceed, 

9 without intervening action or motion, to consider the ques10 tion of whether the Senate shall recede from its amend11 ment and concur with a further amendment, or concur in 

12 the House amendment with a further amendment, as the 

13 case may be, which further amendment shall consist of 

14 only that portion of the conference report or House 

15 amendment, as the case may be, not so stricken. 

16 (e) NO FURTHER AMENDMENT.—In any case in 

17 which such point of order is sustained against a conference 

18 report (or Senate amendment derived from such con19 ference report by operation of this subsection), no further 

20 amendment shall be in order. 

21 (f) SUPERMAJORITY WAIVER AND APPEAL.—This 

22 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 23 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 24 ⁄5 of the Members of 

25 the Senate, duly chosen and sworn, shall be required in 
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•SRES 209 IS 

1 the Senate to sustain an appeal of the ruling of the Chair 

2 on a point of order raised under this section. 

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