[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4006. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. 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.
(c) Point of Order Against Funding for Contingency
Operations That Does Not Meet the Requirements for Emergency
War Funding.--
(1) 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 [___] of the National Defense
Authorization Act for Fiscal Year 2022.
``(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).''.
(2) 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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