Number: RS22733
Title: Senate Rules Changes in the 110th Congress Affecting Restrictions on the Content of Conference Reports
Authors: Elizabeth Rybicki, Government and Finance Division 
Abstract: P.L. 110-81, the Honest Leadership and Open Government Act of 2007 (S. 1), includes provisions that affect Senate rules concerning restrictions on conference reports in two ways. First, it amends Senate Rule XXVIII concerning "out of scope material" in conference reports. The modification to Rule XXVIII does not change existing restrictions on the content of conference reports, but it does significantly alter how the Senate may dispose of points of order raised under the rule. Second, the law establishes a new Senate Rule XLIV concerning congressionally directed spending provisions. Paragraph 8 of that rule creates a new restriction on conference reports; it precludes them from including any specific items of discretionary or mandatory spending that were not in either the House or Senate version of the legislation sent to conference. If a point of order is raised against a conference report under either the modified Rule XXVIII or under the new Rule XLIV, Paragraph 8, the rules allow the Senate to strike out the offending portion of the conference recommendation, but agree to the rest of the compromise. Furthermore, the Senate also can waive either of these rules with a threefifths vote of Senators duly chosen and sworn (60 Senators if there are no vacancies).
Pages: 6
Date: October 3, 2007