II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restraining Emer5 gency War Spending Act’’. 


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1 SEC. 2. CLARIFICATION OF EMERGENCY WAR FUNDING 

2 FOR PURPOSES OF DETERMINING ELIGIBLE 

3 COSTS. 

4 (a) DEFINITION OF EMERGENCY WAR FUNDING.— 

5 For purposes of determining eligible costs for emergency 

6 war funding, the term ‘‘emergency war funding’’— 

7 (1) means a contingency operation (as defined 

8 in section 101(a) of title 10, United States Code) 

9 conducted by the Department of Defense that— 

10 (A) is conducted in a foreign country; 

11 (B) has geographical limits; 

12 (C) is not longer than 60 days; and 

13 (D) provides only— 

14 (i) replacement of ground equipment 

15 lost or damaged in conflict; 

16 (ii) equipment modifications; 

17 (iii) munitions; 

18 (iv) replacement of aircraft lost or 

19 damaged in conflict; 

20 (v) military construction for short21 term temporary facilities; 

22 (vi) direct war operations; and 

23 (vii) fuel; and 

24 (2) does not include any operation that provides 

25 for— 

26 (A) research and development; or 


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1 (B) training, equipment, and sustainment 

2 activities for foreign military forces. 

3 (b) REPORT TO BE INCLUDED IN THE PRESIDENT’S

4 BUDGET SUBMISSION TO CONGRESS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of Defense and the Director of the Office of 

8 Management and Budget shall submit to Congress a 

9 report on the effect of the clarified definition of 

10 emergency war funding under subsection (a) on the 

11 process for determining eligible costs for emergency 

12 war funding. 

13 (2) ELEMENTS.—The report required by para14 graph (1) shall include the following: 

15 (A) For the subsequent fiscal year, a plan 

16 for transferring to the base budget any activi17 ties that do not meet such definition. 

18 (B) For each of the subsequent five fiscal 

19 years, the anticipated emergency war funding 

20 based on such clarified definition. 


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1 SEC. 3. POINT OF ORDER AGAINST FUNDING FOR CONTIN2 GENCY OPERATIONS THAT DOES NOT MEET 

3 THE REQUIREMENTS FOR EMERGENCY WAR 

4 FUNDING. 

5 (a) IN GENERAL.—Title IV of the Congressional 

6 Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended 

7 by adding at the end the following: 

8 ‘‘PART C—ADDITIONAL LIMITATIONS ON BUDG9 ETARY AND APPROPRIATIONS LEGISLATION 

10 ‘‘SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CON11 TINGENCY OPERATIONS THAT DOES NOT 

12 MEET THE REQUIREMENTS FOR EMERGENCY 

13 WAR FUNDING. 

14 ‘‘(a) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘contingency operation’ has the 

16 meaning given that term in section 101 of title 10, 

17 United States Code; and 

18 ‘‘(2) the term ‘emergency war funding’ has the 

19 meaning given that term in section 2 of the Re20 straining Emergency War Spending Act. 

21 ‘‘(b) POINT OF ORDER.— 

22 ‘‘(1) IN GENERAL.—In the Senate, it shall not 

23 be in order to consider a provision in a bill, joint 

24 resolution, motion, amendment, amendment between 

25 the Houses, or conference report that provides new 

26 budget authority for a contingency operation, unless 


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1 the provision of new budget authority meets the re2 quirements to constitute emergency war funding. 

3 ‘‘(2) POINT OF ORDER SUSTAINED.—If a point 

4 of order is made by a Senator against a provision 

5 described in paragraph (1), and the point of order 

6 is sustained by the Chair, that provision shall be 

7 stricken from the measure and may not be offered 

8 as an amendment from the floor. 

9 ‘‘(c) FORM OF THE POINT OF ORDER.—A point of 

10 order under subsection (b)(1) may be raised by a Senator 

11 as provided in section 313(e). 

12 ‘‘(d) CONFERENCE REPORTS.—When the Senate is 

13 considering a conference report on, or an amendment be14 tween the Houses in relation to, a bill or joint resolution, 

15 upon a point of order being made by any Senator pursuant 

16 to subsection (b)(1), and such point of order being sus17 tained, such material contained in such conference report 

18 or House amendment shall be stricken, and the Senate 

19 shall proceed to consider the question of whether the Sen20 ate shall recede from its amendment and concur with a 

21 further amendment, or concur in the House amendment 

22 with a further amendment, as the case may be, which fur23 ther amendment shall consist of only that portion of the 

24 conference report or House amendment, as the case may 

25 be, not so stricken. Any such motion in the Senate shall 


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1 be debatable. In any case in which such point of order 

2 is sustained against a conference report (or Senate amend3 ment derived from such conference report by operation of 

4 this subsection), no further amendment shall be in order. 

5 ‘‘(e) SUPERMAJORITY WAIVER AND APPEAL.— 

6 ‘‘(1) WAIVER.—Subsection (b)(1) may be 

7 waived or suspended in the Senate only by an af8 firmative vote of three-fifths of the Members, duly 

9 chosen and sworn. 

10 ‘‘(2) APPEALS.—Debate on appeals in the Sen11 ate from the decisions of the Chair relating to any 

12 provision of this section shall be equally divided be13 tween, and controlled by, the appellant and the man14 ager of the bill or joint resolution, as the case may 

15 be. An affirmative vote of three-fifths of the Mem16 bers of the Senate, duly chosen and sworn, shall be 

17 required to sustain an appeal of the ruling of the 

18 Chair on a point of order raised under subsection 

19 (b)(1).’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of contents in section 1(b) of the Congressional 

22 Budget Act of 1974 is amended by inserting after the item 

23 relating to section 428 the following: 


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‘‘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.’’. 

Æ 


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