III 110th CONGRESS 1st Session S. RES. 260 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.

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.