[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 260 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. RES. 260

   Strengthening the point of order against matters out of scope in 
                          conference reports.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2007

 Mr. DeMint submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
   Strengthening the point of order against matters out of scope in 
                          conference reports.

    Resolved,

SECTION 1. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.

    (a) In General.--A point of order may be made by any Senator 
against any item contained in a conference report that includes or 
consists of any matter not committed to the conferees by either House. 
The point of order may be made and disposed of separately for each item 
in violation of this section.
    (b) Disposition.--If the point of order raised against an item in a 
conference report under subsection (a) is sustained--
            (1) the matter in such conference report shall be stricken; 
        and
            (2) when all other points of order under this section have 
        been disposed of--
                    (A) the Senate shall proceed to consider the 
                question of whether the Senate should recede from its 
                amendment to the House bill, or its disagreement to the 
                amendment of the House, and concur with a further 
                amendment, which further amendment shall consist of 
                only that portion of the conference report that has not 
                been stricken (any modification of total amounts 
                appropriated necessary to reflect the deletion of the 
                matter struck from the conference report shall be 
                made);
                    (B) the question shall be debatable; and
                    (C) no further amendment shall be in order.
    (c) Limitation.--
            (1) In general.--In this section, the term ``matter not 
        committed to the conferees by either House'' shall include any 
        item which consists of a specific provision containing a 
        specific level of funding for any specific account, specific 
        program, specific project, or specific activity, when no such 
        specific funding was provided for such specific account, 
        specific program, specific project, or specific activity in the 
        measure originally committed to the conferees by either House.
            (2) Rule xxviii.--For the purpose of rule XXVIII of the 
        Standing Rules of the Senate, the term ``matter not committed'' 
        shall include any item which consists of a specific provision 
        containing a specific level of funding for any specific 
        account, specific program, specific project, or specific 
        activity, when no such specific funding was provided for such 
        specific account, specific program, specific project, or 
        specific activity in the measure originally committed to the 
        conferees by either House.
    (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.
                                 <all>