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INSIGHTi
Infrastructure Investment and Jobs Act (IIJA)
Funding for U.S. Army Corps of Engineers
(USACE) Civil Works: Policy Primer
August 12, 2021
Congress authorizes and funds the U.S. Army Corps of Engineers (USACE) to undertake civil works
activities, including planning and construction of water resource projects and maintenance of navigation
improvements and other infrastructure (e.g., multipurpose dams). USACE has an estimated $109 bil ion
construction backlog, as wel as authorized but unfunded investigations and operations and maintenance
(O&M) activities.
Division J, Title III, of H.R. 3684, the Infrastructure Investment and Jobs Act (IIJA), as passed by the
Senate on August 10, 2021, would provide $17.1 bil ion in emergency appropriations to various USACE
accounts (see Figure 1), with the majority going to three accounts:
Construction (68%)
O&M (23%)
Mississippi River and Tributaries (MR&T, 5%)
IIJA also would provide the following:
$251 mil ion for repair of damages to existing projects, including nonfederal levees and
shore protection through the Flood Control and Coastal Emergencies (FCCE) account
$75 mil ion to the Water Infrastructure Finance and Innovation Act (WIFIA) account for
USACE to implement a direct loan and loan guarantee program, which IIJA would limit
to nonfederal dam safety work (similar to a limit applied to FY2021 appropriations).
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Figure 1. IIJA’s USACE Funding in Context of Other USACE Appropriations and
Selected IIJA Designated Uses, by Account
(amounts are nominal and in bil ions [B] or mil ions [M] of dol ars)
Sources: CRS, using H.R. 3684 (as passed by the Senate), P.L. 116-260 (Consolidated Appropriations Act, 2021), P.L. 115-
123 (Bipartisan Budget Act of 2018, BBA 2018), and P.L. 111-5 (American Recovery and Reinvestment Act of 2009,
ARRA).
IIJA Funding in Context
Figure 1 shows IIJA funding in the context of annual appropriations and two emergency appropriations:
FY2021 annual civil works appropriations (Division D, Title I, of P.L. 116-260)
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Bipartisan Budget Act of 2018 (BBA 2018; P.L. 115-123), which funded USACE flood
disaster repair and recovery and flood risk management studies and projects
American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), which funded
USACE activities for purposes of economic stimulus and other policy objectives
As shown in Figure 1, IIJA funding would provide funding equal to multiple years of annual
appropriations, in particular for the Construction account. Below are some project types that IIJA would
fund, with FY2021 funding levels provided in parentheses:
$2.50 bil ion for inland waterways construction ($0.81 bil ion)
$2.55 bil ion and $2.50 bil ion for risk management of coastal floods and inland floods
($0.81 bil ion and $0.36 bil ion), respectively
$1.90 bil ion for aquatic ecosystem restoration ($0.56 bil ion)
$465 mil ion for continuing authorities programs ($69.5 mil ion)
$30 mil ion in FY2023 for a new USACE pilot program for flood risk management
feasibility studies for economical y disadvantaged or rural communities
Similar to other emergency appropriations legislation, IIJA would not apply some requirements and
limitations (see Table 1).
Table 1. Selected Requirements and Policies Applied to Certain USACE Funding
Statutory Requirements or
Other Policies (Source)
IIJA
FY2021
BBA 2018
ARRA
Project Costs and Starts
Limit to increases in project cost without
Not applied
Applied
Not applied
Not applied
obtaining congressional authorization
(33 U.S.C. §2280)
Limit to number of construction startsa
Not applied
Applied
Not applied
Appliedb
(annual appropriations bil s)
(limit was seven
(no new starts)
new starts)
Trust Fund Contributions
Harbor Maintenance Trust Fund (HMTF)
Not applied
Applied
Applied
Applied
pays eligible harbor maintenance costs
(33 U.S.C. §2238)
Inland Waterways Trust Fund pays a
Not applied
Applied
NA
Not applied
portion of certain waterway construction
(construction
costs (33 U.S.C. §2212; §109, Division
funds were for
AA, of P.L. 116-260)
flood activities)
Nonfederal Construction Cost Share (e.g., 33 U.S.C. §§2211-2213 for most water resource projects)
Ongoing construction
Appliedc
Applied
Not applied
Applied
New construction
Appliedc
Applied
Applied
Applied
(waived for Puerto
Rico and U.S.
Virgin Islands)
Nonfederal Share of Costs for Repair of Certain Damaged Flood Control Works (33 U.S.C. §701n)
Repairs to damaged shore protection
Not applied
Applied
Not applied
NA
Other eligible repairs (e.g., inland levees)
Applied
Applied
Applied
NA
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Sources: CRS, using H.R. 3684 (as passed by the Senate); P.L. 116-260; P.L. 115-123; P.L. 111-5; the U.S. Code; U.S.
Congress, House Committee on Transportation and Infrastructure, Recovery Act: One-Year Progress Report for Transportation
and Infrastructure Investments, hearing, 111th Cong., 2nd sess., February 23, 2010 (Washington, DC: GPO, 2010), p. 102; and
USACE, ARRA Financial and Operational Review Report, undated.
Notes: NA = Not applicable.
a. Congress limited the number of new starts in USACE annual appropriations from FY2014 to FY2021.
b. The Administration interpreted ARRA as limiting new construction starts and providing for HMTF contributions.
c. IIJA would maintain nonfederal construction cost-share requirements, except for certain projects and assistance
related to restoring fish and wildlife passage.
Next Steps If IIJA Is Enacted
IIJA includes account-specific language regarding reporting to the congressional appropriations
committees. IIJA would require the USACE Chief of Engineers to deliver
Spend plans within 60 days of enactment on how IIJA funds available in FY2022 are to
be used for the Investigation, O&M, and MR&T accounts and how IIJA funds available
in FY2022, FY2023, and FY2024 are to be used for the Construction account
Monthly reports on al ocations and obligations for the Investigations, Construction, and
MR&T accounts, beginning within 120 days of enactment
Spend plans as part of the President’s FY2023 budget request for IIJA FY2023
Investigations and O&M funds and FY2024 budget request for IIJA FY2024 O&M funds
IIJA indicates that spend plans are to include project locations and identification of new starts. These
spend plans may share characteristics with BBA 2018 and the USACE work plans that have followed
annual appropriations in recent years. IIJA would not require reporting for IIJA’s FCCE and WIFIA funds
or activities.
Issues for Congress may include USACE implementation of IIJA funds and long-term oversight of this
implementation. Implementation concerns have arisen with USACE emergency appropriations at times.
For example, an August 2021 Senate Appropriations Committee report, S.Rept. 117-36, identified
shortcomings in the pace and approach to managing BBA 2018 construction funding and compliance with
required BBA 2018 reporting. According to an August 9, 2021, Congressional Budget Office (CBO) cost
estimate for S.Amdt. 2137 to H.R. 3684, USACE outlays for IIJA-funded activities may span beyond a
decade; CBO estimated USACE outlays of 57% of the $17.1 bil ion by FY2031.
Author Information
Nicole T. Carter
Anna E. Normand
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congressional Research Service
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