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Defense Primer: Defense Appropriations Process


The Constitution gives Congress the power of the purse in
Article I, Section 9, which provides that No money shall
be drawn from the Treasury, but in Consequence of
Appropriations made by Law. To fulfill this duty,
Congress annually considers appropriations measures,
which provide funding for numerous activities-such as
national defense, education, and homeland security-
consistent with policies and priorities established through
various enacted measures, such as the National Defense
Authorization Act.
The congressional appropriations process includes various
rules and practices that Congress has adopted to distinguish
appropriations measures and facilitate their consideration.
These measures generally provide funding authority in
response to the President's budget request for a fiscal year
(October 1 through September 30).


Committees


jurisdiction


The House  and Senate Committees on Appropriations
exercise jurisdiction over annual appropriations measures.
Each committee has 12 subcommittees, each of which is
responsible for developing one regular annual
appropriations bill. These measures determine which
department activities will be funded. House and Senate
Appropriations subcommittee jurisdictions are generally
parallel. The main subcommittees that deal with defense
matters are:
*  Subcommittees on Defense, with jurisdiction over
   appropriations for the Departments of Army, Navy
   (including the Marine Corps), and Air Force (including
   the Space Force); the Office of the Secretary of Defense;
   defense agencies; and intelligence activities.
*  Subcommittees on Military Construction, Veterans
   Affairs and Related Agencies, with jurisdiction over
   appropriations for the Military Construction, Chemical
   Demilitarization Construction, Military Family Housing
   Construction and Operation and Maintenance, and Base
   Realignment  and Closure accounts; the NATO Security
   Investment Program; the Department of Veterans
   Affairs; and other related agencies.
*  Subcommittee  on Energy and Water Development, with
   jurisdiction over all defense-related activities of the
   Department  of Energy, including the National Nuclear
   Security Administration. This subcommittee also has
   jurisdiction over the civil works activities of the U.S.
   Army  Corps of Engineers, among other non-defense
   activities.

The   Congressional Budget Resolution

The Congressional Budget and Impoundment  Control Act
of 1974 (P.L. 93-344) provides for the annual consideration
of a concurrent resolution on the budget, which allows


Updated February 2, 2024


Congress to establish overall budgetary and fiscal policy to
be implemented through enactment of subsequent
legislation. The budget resolution, in part, establishes a
limit on total new budget authority and outlay levels
divided among 20 functional categories-such as national
defense, agriculture, and transportation-that set spending
priorities.

In the absence of agreement on a budget resolution,
Congress may  establish an enforceable limit on
appropriations through alternate means, such as a deeming
resolution or a statute. The Fiscal Responsibility Act of
2023 (P.L. 118-5) established a statutory limit on the level
of budget authority that can be provided in appropriations
acts for FY2024 and FY2025, divided into separate
amounts for defense and non-defense. If spending in excess
of either of these statutory limits is enacted, the President is
required to issue a sequester order making across-the-board
cuts in non-exempt programs and activities within the
breached category.

Once  Congress has established the total, Section 302(a) of
the Congressional Budget Act requires it to be allocated
among  all committees with spending jurisdiction. This
establishes ceilings on spending for legislation reported
from each committee that can be enforced procedurally
through points of order during consideration of the
legislation. All discretionary spending is allocated to the
House  and Senate Appropriations Committees, which are
required to subdivide this allocation among their 12
subcommittees under Section 302(b) of the Congressional
Budget Act. These suballocations are also enforceable
during consideration of legislation, preventing the
consideration of amendments that would increase funding
above these limits.
Committee Processes
Upon  receipt of the President's budget request, the
appropriations subcommittees generally begin a series of
hearings in which the senior civilian and military leadership
of the Department of Defense, the military services, and
certain defense agencies are invited to testify before the
subcommittees on the budget request.
At the same time, Members of Congress, including those
not serving on the Appropriations Committees, may submit
requests and make recommendations concerning proposed
programmatic levels and language to be included in
appropriations bills and committee reports.
After conducting these hearings, the House and Senate
Appropriations Committees make  suballocations to the
subcommittees, which begin to draft, mark up, and report
the appropriations bills to the full committees. The full
committees conduct markups  and may adopt amendments
to a subcommittee's recommendations before reporting the

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