[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 209 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
S. RES. 209

 To strengthen fiscal responsibility by improving Senate consideration 
                         of conference reports.


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                   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 
        AdministrationYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

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                               RESOLUTION


 
 To strengthen fiscal responsibility by improving Senate consideration 
                         of conference reports.

SECTION 1. CONFERENCE REPORTS OUT OF ORDER.

    (a) Availability.--It shall not be in order to consider a report of 
a committee of conference under paragraph 1 of rule XXVIII of the 
Standing Rules of the Senate unless such report is filed and made 
available 48 hours prior to presentation.
    (b) Cost Estimate or Table.--It shall not be in order to consider a 
report of a committee of conference under paragraph 1 of rule XXVIII of 
the Standing Rules of the Senate unless an official written cost 
estimate or table by the Congressional Budget Office is available at 
the time of consideration.
    (c) Jurisdiction.--It shall not be in order to consider a report of 
a committee of conference under paragraph 1 of rule XXVIII of the 
Standing Rules of the Senate if the preponderance of matter in the 
conference report is not in the jurisdiction of the committee (or 
Appropriations subcommittee for one of the regular appropriation bills) 
that had jurisdiction of the Senate passed bill submitted to 
conference.
    (d) Supermajority Waiver and Appeal.--This section may be waived or 
suspended in the Senate only by an affirmative vote of \3/5\ of the 
Members, duly chosen and sworn. An affirmative vote of \3/5\ of the 
Members of the Senate, duly chosen and sworn, shall be required in the 
Senate to sustain an appeal of the ruling of the Chair on a point of 
order raised under this section.

SEC. 2. EXTRANEOUS PROVISIONS OF CONFERENCE REPORTS OUT OF ORDER.

    (a) Provisions Outside Scope of Conference.--It shall not be in 
order to consider a report of a committee of conference under paragraph 
1 of rule XXVIII of the Standing Rules of the Senate if it contains 
extraneous material outside the scope of conference under rule XXVIII 
of the Standing Rules of the Senate.
    (b) Provisions Outside Jurisdiction.--It shall not be in order to 
consider a report of a committee of conference under paragraph 1 of 
rule XXVIII of the Standing Rules of the Senate if it contains 
extraneous material in the jurisdiction of a committee other than a 
committee from whom conferees were appointed.
    (c) Form of Point of Order.--It shall be in order for a Senator to 
raise a single point of order that several provisions of a bill, 
resolution, amendment, motion, or conference report violate this 
section. The Presiding Officer may sustain the point of order as to 
some or all of the provisions against which the Senator raised the 
point of order. If the Presiding Officer so sustains the point of order 
as to some of the provisions against which the Senator raised the point 
of order, then only those provisions against which the Presiding 
Officer sustains the point of order shall be deemed stricken pursuant 
to this section. Before the Presiding Officer rules on such a point of 
order, any Senator may move to waive such a point of order as it 
applies to some or all of the provisions against which the point of 
order was raised. Such a motion to waive is amendable in accordance 
with the rules and precedents of the Senate. After the Presiding 
Officer rules on such a point of order, any Senator may appeal the 
ruling of the Presiding Officer on such a point of order as it applies 
to some or all of the provisions on which the Presiding Officer ruled.
    (d) Point of Order Sustained.--When the Senate is considering a 
conference report, upon a point of order being made by any Senator 
against extraneous material described in subsection (a) or (b), and 
such point of order being sustained, such material shall be deemed 
stricken as provided in subsection (c) and the Senate shall proceed, 
without intervening action or motion, to consider the question of 
whether the Senate shall recede from its amendment and concur with a 
further amendment, or concur in the House amendment with a further 
amendment, as the case may be, which further amendment shall consist of 
only that portion of the conference report or House amendment, as the 
case may be, not so stricken.
    (e) No Further Amendment.--In any case in which such point of order 
is sustained against a conference report (or Senate amendment derived 
from such conference report by operation of this subsection), no 
further amendment shall be in order.
    (f) Supermajority Waiver and Appeal.--This section may be waived or 
suspended in the Senate only by an affirmative vote of \3/5\ of the 
Members, duly chosen and sworn. An affirmative vote of \3/5\ of the 
Members of the Senate, duly chosen and sworn, shall be required in the 
Senate to sustain an appeal of the ruling of the Chair on a point of 
order raised under this section.
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