Title: Restraining Emergency War Spending Act
Policy area: Economics and Public Finance

Summary:
Restraining Emergency War Spending Act
This bill establishes (1) a statutory definition for emergency war funding, and (2) a budget point of order that may be raised in the Senate against legislation that provides new funding for a contingency operation that does not meet the requirements for emergency war funding.
Funding for Overseas Contingency Operations (OCO) is exempt from discretionary spending limits. If this point of order is successfully raised against a provision that provides OCO funding that does not meet the requirements for emergency war spending, the bill requires the provision to be stricken from the legislation and prohibits it from being offered as a floor amendment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2744 Introduced in Senate (IS)]

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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.''.
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