[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[Senate]
[Page 17906]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 260--STRENGTHENING THE POINT OF ORDER AGAINST MATTERS 
                   OUT OF SCOPE IN CONFERENCE REPORTS

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

                              S. Res. 260

       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.

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