Congress occasionally considers legislation that adds money for specific reasons outside of regular appropriations acts and usually after the fiscal year has begun. These pieces of special legislation are called supplementals. They supplement the original appropriation. Supplementals are usually developed in response to urgent and unanticipated needs, such as natural disasters and emergent military operations. They are usually drafted and passed absent the normal process of review by the appropriate Appropriations subcommittee of jurisdiction.
The Constitution states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This means that the power of the purse must be exercised through the lawmaking process, allowing Congress to craft the terms of appropriations or deny appropriations outright through legislation. The Constitution does not, however, prescribe how Congress should develop or consider appropriations measures. Consequently, the House and Senate have each adopted rules and practices related to appropriations measures including distinguishing them from other types of legislation. [1]
Within the committee structure established by Congress, the task of developing appropriations legislation is delegated to the Appropriations Committees of the House and Senate. These committees, in turn, have created a system of subcommittees designed to facilitate their ability to carry out these tasks. The committees are organized in 12 parallel subcommittees, each of which is charged with developing, drafting, and managing the consideration of one regular appropriations act each fiscal year.[2] One of these 12 subcommittees is Defense.
If designated as an emergency supplemental, the money allocated in such a bill is not included in the regular budget process (off budget) and is, in actuality, an increase to the debt of the U.S. Billions of dollars have been passed in emergency supplementals, especially to finance wartime operations and needs by the Defense Department since 9/11. Indeed, emergency supplementals financed many unfunded requests the Defense Department had during the wars in Iraq and Afghanistan.
More recently, in Fiscal Year 2021, the Defense Department received supplemental funding for Capitol Security ($521 million) and Operation Allies Welcome ($500 million). Operation Allies Welcome was the Department of Homeland Security-led whole-of-government effort to support vulnerable Afghans as they safely resettle in the United States.[3]
In Fiscal Year 2022, DOD received $4.3 billion for Operation Allies Welcome; $6.5 billion for Ukraine; $895 million for natural disasters; and $350 million for Red Hill Bulk Fuel Storage Facility (in Hawaii). [4]
In August 2023, the president requested $40.1 billion in supplemental funding. This request included $24.1 billion for Ukraine which includes $8.5 billion for humanitarian assistance for the State Department and USAID; $2.3 billion for Treasury Department financing tools; and $12 billion to FEMA for natural disasters.[5]
In October 2023, the president asked for $105.9 billion in supplemental funding. This request will be used for Ukraine ($61.4 billion); Israel ($14.3 billion); border security ($13.6 billion); Indo-Pacific aid and submarine industrial base ($5.4 billion); and humanitarian assistance for Ukraine, Israel, Gaza, and others ($11.2 billion). [6]
Supplemental appropriations will continue to be part of the Congressional landscape and one way for governmental agencies and the Executive Branch to allocate funds in addition to the normal budgeting process.
[1] Congressional Research Service, CRS Report R47106, May 17 2023
[2] Ibid
[3] https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY23_Green_Book.pdf page 1
[4] Ibid
[5] https://www.crfb.org/blogs/white-house-calls-40-billion-supplemental
[6] https://www.crfb.org/blogs/whats-white-houses-106-billion-supplemental-request
— EANGUS NATIONAL OFFICE