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  • Question

    If the HAC decided to grant $$ and SAC grants $$ at a different amount. Therefore the Authorization Conference met to grant what was in the PB. The appeal would be what is in the PB and would go to the Appropriations conference due to the Authorization not having a say in the Appropriations process. correct?


    Answer

    The authorization and appropriation processes are separate and normally proceed in a relatively parallel fashion. As a result, by agreement with Congress, DoD appeals marks made in one of those processes can be appealed only within that process' chain. Marks made by authorizers can only be appealed to an authorizing committee or conference, while marks made by appropriators can only be appealed to an appropriations committee or conference. In your case since the authorization conference has already marked, that phase is over and no appeals can be submitted on the marks made by the HASC, SASC, or Authorization Conference.  Since the Appropriations Conference has not yet marked, you  can appeal the marks made by the HAC and SAC to the Appropriations Conference Committee.

    Appeals to marks should consider the most recent floor action on the committee mark, since amendments may have changed the mark.  Since there have been two marks made, the appeal would be to the amount that is closest to the PB request within the ltwo marks made by the HAC and SAC.

    Generally the process is as follows:

    • To SAC. This appeal is based on the actions of the HAC, as modified by House floor action.
    • To Appropriations Conference. This appeal is based on the actions of both the HAC and SAC, as modified by House and Senate floor action.

    If, for some reason, the Senate is the first to mark, the appeals would be made to the next committee to mark.

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