[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2744 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2744
To clarify the meaning of the term ``emergency war funding'' for
purposes of determining eligible costs for such funding, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2021
Mr. Lee (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To clarify the meaning of the term ``emergency war funding'' for
purposes of determining eligible costs for such funding, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restraining Emergency War Spending
Act''.
SEC. 2. CLARIFICATION OF EMERGENCY WAR FUNDING FOR PURPOSES OF
DETERMINING ELIGIBLE COSTS.
(a) Definition of Emergency War Funding.--For purposes of
determining eligible costs for emergency war funding, the term
``emergency war funding''--
(1) means a contingency operation (as defined in section
101(a) of title 10, United States Code) conducted by the
Department of Defense that--
(A) is conducted in a foreign country;
(B) has geographical limits;
(C) is not longer than 60 days; and
(D) provides only--
(i) replacement of ground equipment lost or
damaged in conflict;
(ii) equipment modifications;
(iii) munitions;
(iv) replacement of aircraft lost or
damaged in conflict;
(v) military construction for short-term
temporary facilities;
(vi) direct war operations; and
(vii) fuel; and
(2) does not include any operation that provides for--
(A) research and development; or
(B) training, equipment, and sustainment activities
for foreign military forces.
(b) Report To Be Included in the President's Budget Submission to
Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Director of the Office of Management and Budget shall submit to
Congress a report on the effect of the clarified definition of
emergency war funding under subsection (a) on the process for
determining eligible costs for emergency war funding.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) For the subsequent fiscal year, a plan for
transferring to the base budget any activities that do
not meet such definition.
(B) For each of the subsequent five fiscal years,
the anticipated emergency war funding based on such
clarified definition.
SEC. 3. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY OPERATIONS THAT
DOES NOT MEET THE REQUIREMENTS FOR EMERGENCY WAR FUNDING.
(a) In General.--Title IV of the Congressional Budget Act of 1974
(2 U.S.C. 651 et seq.) is amended by adding at the end the following:
``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS
LEGISLATION
``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY OPERATIONS
THAT DOES NOT MEET THE REQUIREMENTS FOR EMERGENCY WAR
FUNDING.
``(a) Definitions.--In this section--
``(1) the term `contingency operation' has the meaning
given that term in section 101 of title 10, United States Code;
and
``(2) the term `emergency war funding' has the meaning
given that term in section 2 of the Restraining Emergency War
Spending Act.
``(b) Point of Order.--
``(1) In general.--In the Senate, it shall not be in order
to consider a provision in a bill, joint resolution, motion,
amendment, amendment between the Houses, or conference report
that provides new budget authority for a contingency operation,
unless the provision of new budget authority meets the
requirements to constitute emergency war funding.
``(2) Point of order sustained.--If a point of order is
made by a Senator against a provision described in paragraph
(1), and the point of order is sustained by the Chair, that
provision shall be stricken from the measure and may not be
offered as an amendment from the floor.
``(c) Form of the Point of Order.--A point of order under
subsection (b)(1) may be raised by a Senator as provided in section
313(e).
``(d) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in relation
to, a bill or joint resolution, upon a point of order being made by any
Senator pursuant to subsection (b)(1), and such point of order being
sustained, such material contained in such conference report or House
amendment shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such motion in the
Senate shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment derived from
such conference report by operation of this subsection), no further
amendment shall be in order.
``(e) Supermajority Waiver and Appeal.--
``(1) Waiver.--Subsection (b)(1) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of
the Members, duly chosen and sworn.
``(2) Appeals.--Debate on appeals in the Senate from the
decisions of the Chair relating to any provision of this
section shall be equally divided between, and controlled by,
the appellant and the manager of the bill or joint resolution,
as the case may be. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a point of
order raised under subsection (b)(1).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Congressional Budget Act of 1974 is amended by
inserting after the item relating to section 428 the following:
``Part C--Additional Limitations on Budgetary and Appropriations
Legislation
``Sec. 441. Point of order against funding for contingency operations
that does not meet the requirements for
emergency war funding.''.
<all>