S.Amdt. 1447

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.''.
______