III 

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. 

1 Resolved, 

2 SECTION 1. OUT OF SCOPE MATTERS IN CONFERENCE RE3 PORTS. 

4 (a) IN GENERAL.—A point of order may be made by 

5 any Senator against any item contained in a conference 

6 report that includes or consists of any matter not com7 mitted to the conferees by either House. The point of 

8 order may be made and disposed of separately for each 

9 item in violation of this section. 


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•SRES 260 IS 

1 (b) DISPOSITION.—If the point of order raised 

2 against an item in a conference report under subsection 

3 (a) is sustained— 

4 (1) the matter in such conference report shall 

5 be stricken; and 

6 (2) when all other points of order under this 

7 section have been disposed of— 

8 (A) the Senate shall proceed to consider 

9 the question of whether the Senate should re10 cede from its amendment to the House bill, or 

11 its disagreement to the amendment of the 

12 House, and concur with a further amendment, 

13 which further amendment shall consist of only 

14 that portion of the conference report that has 

15 not been stricken (any modification of total 

16 amounts appropriated necessary to reflect the 

17 deletion of the matter struck from the con18 ference report shall be made); 

19 (B) the question shall be debatable; and 

20 (C) no further amendment shall be in 

21 order. 

22 (c) LIMITATION.— 

23 (1) IN GENERAL.—In this section, the term 

24 ‘‘matter not committed to the conferees by either 

25 House’’ shall include any item which consists of a 


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•SRES 260 IS 

1 specific provision containing a specific level of fund2 ing for any specific account, specific program, spe3 cific project, or specific activity, when no such spe4 cific funding was provided for such specific account, 

5 specific program, specific project, or specific activity 

6 in the measure originally committed to the conferees 

7 by either House. 

8 (2) RULE XXVIII.—For the purpose of rule 

9 XXVIII of the Standing Rules of the Senate, the 

10 term ‘‘matter not committed’’ shall include any item 

11 which consists of a specific provision containing a 

12 specific level of funding for any specific account, 

13 specific program, specific project, or specific activity, 

14 when no such specific funding was provided for such 

15 specific account, specific program, specific project, 

16 or specific activity in the measure originally com17 mitted to the conferees by either House. 

18 (d) SUPERMAJORITY WAIVER AND APPEAL.—This 

19 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 20 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 21 ⁄5 of the Members of 

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

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

24 on a point of order raised under this section. 

Æ 


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