[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S541-S542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1447. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                 TITLE __--EMERGENCY WAR FUNDING REFORM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Restraining Emergency War 
     Spending Act''.

     SEC. __2. DEFINITION OF EMERGENCY WAR FUNDING.

       For purposes of determining eligible costs for emergency 
     war funding, the term ``emergency war funding'' means--
       (1) 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--

[[Page S542]]

       (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;
       (2) the training, equipment, and sustainment activities for 
     foreign military forces by the United States;
       (3) the provision of defense articles over $100,000,000 to 
     a single recipient nation or allied group of nations; or
       (4) assistance provided for the reconstruction of a nation 
     or group of nations in or immediately post-active conflict.

     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.''.
                                 ______