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S.Res.365 / 109th Congress

A resolution to provide a 60 vote point of order against out-of-scope material in conference reports and open the process of earmarks in the Senate.

Referred to the Committee on Rules and Administration. (text of measure as introduced: CR S514-515)

Official summary

Version 00 · Introduced in Senate · Feb 2, 2006

Makes it out of order to consider a conference report that includes any matter not committed to the conferees by either chamber. Requires a point of order to be made and voted on separately for each item in violation of this Resolution.

Sets forth procedures for consideration of the point of order.

Allows waiver or suspension of this Resolution in the Senate only by an affirmative vote of three-fifths (60) of the Members. Requires the same three-fifths affirmative vote to sustain an appeal of the ruling of the Chair on a point of order raised under this Resolution.

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Amends rule XVI (Committee Procedure) of the Standing Rules of the Senate to make it out of order to consider any bill or amendment between the chambers or conference report on such a measure unless a list is made available to all Members and the general public for at least 24 hours before its consideration of all earmarks in it, the identity of the Member who proposed each earmark, and an explanation of the essential governmental purpose for it.

Requires any Member who requests an earmark in the bill, before its consideration in the Senate, to file a copy of the request with the Secretary of the Senate. Requires the request to be printed in the Congressional Record.

Amends rule XXVIII (Conference Committees, Reports, Open Meetings) to make it out of order to consider a conference report if it is not available to all Members and made available to the general public on the Internet for at least 24 hours before its consideration.

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Who introduced it

Sen. Lott, Trent [R-MS] · R–MS

Committees

  • Rules and Administration Committee
4 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Referred to the Committee on Rules and Administration. (text of measure as introduced: CR S514-515)

  2. Sponsor introductory remarks on measure. (CR S515)

  3. Introduced in Senate

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

Explore the bill from different angles

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Neutral evidence review

Objective

Analyze S.Res.365 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine S.Res.365 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine S.Res.365 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine S.Res.365 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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