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October 14, 2021
U.S. Army Corps of Engineers: Supplemental Appropriations
The U.S. Army Corps of Engineers (USACE) is a
Figure 1. USACE Supplemental Funds for
Department of Defense agency with civil works
Fiscal Years in 1990s and for FY2000-FY2021
responsibilities, consisting largely of water resource
(in constant 2020 dol ars)
projects to maintain navigable channels, reduce flood and
storm damage, and restore aquatic ecosystems. These
projects can have national and local economic and
environmental benefits. USACE also has a role in
responding to natural disasters, especially floods, in U.S.
states and territories. This In Focus covers the
appropriations that Congress has provided USACE that are
in addition to annual appropriations―supplemental
appropriations. Congress may consider both the amount of
USACE supplemental appropriations and how effectively
and efficiently the agency is using these funds.
Figure 1 shows the USACE supplemental appropriations
since FY1990 in constant 2020 dollars―$1.7 billion in the
Source: CRS, using enacted legislation. Amounts adjusted to 2020
1990s, $31 billion in the 2000s, and $31 billion in the
dol ars using U.S. Department of Commerce, Bureau of Economic
2010s. Of the funds provided since 2000, Congress
Analysis, Table 1.1.9.
dedicated 92% for flood response and recovery projects,
8% for economic recovery in FY2009, and less than 0.1%
Funding Flood Response and Post-
for facility security in FY2003. Table 1 summarizes the
Disaster Recovery
most recent supplemental appropriations acts funding
Since the 1940s, Congress has authorized USACE to
USACE. The 117th Congress is considering the
perform emergency flood fighting (e.g., sandbagging,
Infrastructure Investment and Jobs Act (IIJA; H.R. 3684, as
temporary levee construction) and to repair certain
passed by the Senate). IIJA would provide $17.1 billion to
nonfederal flood control works damaged by floods.
USACE for water resources activities spanning the
Congress pays for these activities using the agency’s Flood
agency’s navigation, flood, and aquatic ecosystem
Control and Coastal Emergencies (FCCE) account.
restoration authorities. (See CRS Insight IN11723,
Congress pays for post-flood repairs of USACE-operated
Infrastructure Investment and Jobs Act (IIJA) Funding for
projects through the Operation and Maintenance (O&M)
U.S. Army Corps of Engineers (USACE) Civil Works:
account.
Policy Primer.)
Table 1. Most Recent Enacted USACE Supplemental Appropriations by Budget Account
($ in millions, nominal)
Geographic Limitations on
Invest. &
Invest. & Const. Account Flood-Related
Public Law Expenses Const.
O&M
FCCE
MR&T
Total
Funds
P.L. 117-43
130
3,000
887
826
868
5,711
States affected by Hurricane Ida for Invest. and for
$1,500 mil ion from Const.
P.L. 116-20
35
740
908
1,000
575
3,258
States and territories affected by Hurricanes
Florence and Michael, Typhoon Mangkhut, Super
Typhoon Yutu, Tropical Storm Gita
P.L. 115-123
155
15,055
608
810
770
17,398 States and territories affected by Hurricanes
Harvey, Irma, and Maria by or more than one flood
in CY2014-CY2017 for some funds
P.L. 114-254
—
55
260
420
291
1,026
—
P.L. 113-2
60
3,461
821
1,008
—
5,350
Areas affected by Hurricane Sandy in USACE’s
North Atlantic Division
Source: CRS, using referenced laws.
Notes: Const. = Construction; Expenses = General Expenses; FCCE = Flood Control and Coastal Emergencies; Invest. = Investigations;
MR&T = Mississippi River and Tributaries; O&M = Operation and Maintenance.
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link to page 1 U.S. Army Corps of Engineers: Supplemental Appropriations
Since the mid-2000s, Congress has regularly provided
efficiently the funds are spent on projects and how effective
USACE with supplemental appropriations to study and
the funds are in accomplishing the purposes set out by
construct flood control projects as part of post-disaster
Congress. Implementation concerns have arisen with
recovery efforts. After the 2005 hurricane season through
USACE emergency appropriations at times; for example, an
FY2009, Congress directed most USACE supplemental
August 2021 Senate Appropriations Committee report,
appropriations toward repair and construction of projects in
S.Rept. 117-36, identified shortcomings in the pace and
Louisiana.
approach to managing supplemental construction funding
and in compliance with required reporting.
Since FY2005, Congress has directed that most of the
USACE supplemental funds be used to construct new or
An ongoing challenge for USACE is that numerous
ongoing USACE flood risk reduction projects in states and
authorized studies and construction projects remain
territories affected by specified disasters or for flood
unfunded. USACE has an estimated $109 billion total
disasters occurring during a specified period (see examples
construction backlog. To what extent supplemental
in Table 1).
appropriations have helped address the USACE backlog
remains uncertain, and the aggregate effect of supplemental
Tailored Legislative Direction
appropriations on accomplishing the agency’s water
Congress generally has tailored the supplemental
resource missions nationally remains unknown. An
appropriations acts to reflect specific characteristics of the
oversight and evaluation challenge for supplemental
disaster or the economic, infrastructure, or security concern.
appropriations can include tracking output measures (such
In USACE supplemental appropriations acts, unlike in
as jobs created, obligations to projects, or contracts
annual appropriations, Congress often does not limit the
completed), as well as assessing economic and
initiation of new USACE construction projects; Congress
environmental impacts of these investments.
also may include exemptions to requirements that typically
apply to USACE projects. These exemptions include
Future of USACE Flood Risk Reduction Projects
waiving requirements that limit USACE proceeding with
Supplemental appropriations legislation provided for much
projects that exceed their authorization of appropriations
of the funding for USACE flood risk reduction projects in
and waiving some required nonfederal cost sharing. In P.L.
the 2010s. Congress provided $19 billion (2020 dollars) in
117-43, P.L. 116-20, P.L. 115-123, and P.L. 113-2,
Construction account supplemental funding for flood risk
Congress also allowed for a project to move from a
reduction projects in the 2010s; this exceeded the $9 billion
feasibility study to construction with approval of the
(2020 dollars) that Congress provided to USACE in annual
Assistant Secretary of the Army (Civil Works), rather than
appropriations for the construction of flood risk reduction
requiring project-specific congressional construction
projects during this period. Congress also has used
authorization, if the construction is funded using
supplemental appropriations legislation to fund the account
supplemental appropriations.
for the Mississippi River and Tributaries flood risk
reduction project to pay for repairs and investments.
USACE Process After Enactment
After supplemental appropriations bills are enacted,
The nation’s flood risks appear to be increasing for a
USACE selects the specific projects to receive funding
variety of reasons, including changing hydrological
from among the qualifying projects. USACE may not select
conditions (e.g., greater runoff due to impervious surfaces,
a project for every eligible flood-affected state or territory.
more intense rainfall events), and more people and assets
The amount of publicly available information on how
are located in vulnerable locations. For some coastal areas,
USACE implements or plans to use supplemental
relative sea level rise also is increasing risk. Related policy
appropriations varies. For P.L. 116-20 and P.L. 115-123,
questions include the following: How effective are federal
the Administration published its implementation for
investments through supplemental appropriations in
selecting projects to be funded and lists of specific projects
USACE flood risk reduction in reducing near- and long-
selected to receive funds. Congress often has required
term flood risks? How equitable and efficient are the
monthly reporting to the appropriations committees on the
planning, funding, and delivery of USACE flood risk
allocation and obligation of supplemental funds.
reduction projects under supplemental and annual
appropriations processes?
Issues for Congress
Nicole T. Carter, Specialist in Natural Resources Policy
Oversight and Effect of Supplemental
Anna E. Normand, Analyst in Natural Resources Policy
Appropriations
Issues for Congress include oversight of USACE’s short-
IF11945
term and long-term implementation of supplemental
appropriations. There may be questions regarding how
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U.S. Army Corps of Engineers: Supplemental Appropriations
Disclaimer
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