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Updated May 2, 2022
U.S. Army Corps of Engineers: Supplemental Appropriations
The U.S. Army Corps of Engineers (USACE) is a
amounts totaled $2.0 billion, $33.0 billion, and $31.0
Department of Defense agency with civil works
billion in the 1990s, 2000s, and 2010s, respectively.
responsibilities, consisting largely of water resource
projects to maintain navigable channels, reduce flood and
Figure 1. USACE Supplemental Funds for
storm damage, and restore aquatic ecosystems. USACE
Fiscal Years in 1990s and for FY2000-FY2022
also has a role in responding to natural disasters, especially
(in constant 2020 dol ars)
floods. This In Focus covers the appropriations that
Congress has provided USACE that are in addition to
annual appropriations, referred to as supplemental
appropriations
. Congress may consider both the amount of
USACE supplemental appropriations and how effectively
and efficiently the agency uses these funds.
Table 1 summarizes in nominal dollars the most recent
supplemental appropriations acts funding USACE. The
Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58)
provided $17.1 billion for activities spanning USACE’s
navigation, flood, and aquatic ecosystem restoration
authorities. (See CRS Insight IN11723, Infrastructure
Investment and Jobs Act (IIJA) Funding for U.S. Army


Corps of Engineers (USACE) Civil Works: Policy Primer.)
Source: CRS, using enacted legislation. Amounts adjusted to 2020
While IIJA focused on infrastructure investment, Congress
dol ars using U.S. Department of Commerce, Bureau of Economic
used the other supplemental bills in Table 1 to fund
Analysis, National Income and Product Accounts, Table 1.1.9.
USACE flood response, recovery, and related projects.
Appropriations shown by year of enactment.
Figure 1 shows USACE supplemental appropriations since
FY1990 adjusted to constant 2020 dollars; the adjusted
Table 1. Most Recent Enacted USACE Supplemental Appropriations by Budget Account
($ in millions, nominal)
Invest. &
WIFIA &
Disaster-Related Limitations on Invest.
Public Law
Const.
O&M
FCCE MR&T
Total
Expenses
Regulatory
& Const. Account Flood-Related Funds
P.L. 117-58
190
11,615
4,000
251
808
235
17,099 $2,550 mil ion from Const. for coastal
storm risk management targeted for states
impacted by “declared disasters over the
last six years” (~11/2015-11/2021)
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 or by
more than one flood in CY2014-CY2017
for some funds
P.L. 114-254

55
260
420
291

1,026
No specific disaster or location specified
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. WIFIA = Water Infrastructure Finance and Innovation Program
(a new USACE account since FY2021 for a credit assistance program for water resource projects).
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link to page 1 U.S. Army Corps of Engineers: Supplemental Appropriations
Funding Flood Response and Post-
Issues for Congress
Disaster Recovery
Since the 1940s, Congress has authorized USACE to
Oversight and Effect of Supplemental
perform emergency flood fighting (e.g., sandbagging,
Appropriations
temporary levee construction) and to repair certain
Issues for Congress include oversight of USACE’s short-
nonfederal flood control works damaged by floods.
term and long-term implementation of supplemental
Congress pays for these activities using the agency’s Flood
appropriations. There may be questions regarding how
Control and Coastal Emergencies (FCCE) account.
efficiently the funds are spent on projects and how effective
Congress pays for post-flood repairs of USACE-operated
the funded projects are in accomplishing the purposes set
projects through the Operation and Maintenance (O&M)
out by Congress. Implementation concerns have arisen with
account. Since the mid-2000s, Congress has regularly
USACE emergency appropriations at times; for example, an
provided USACE with supplemental appropriations to
August 2021 Senate Appropriations Committee report,
study and construct flood control projects as part of post-
S.Rept. 117-36, identified shortcomings in the pace and
disaster recovery efforts. After the 2005 hurricane season
approach to managing supplemental construction funding
through FY2009, Congress directed most USACE
and in compliance with required reporting.
supplemental appropriations toward repair and construction
of projects in Louisiana. For more than a decade, Congress
An ongoing challenge for USACE is that numerous
has often directed that most or some of USACE
authorized studies and construction projects remain
supplemental funds be used to construct new or ongoing
unfunded. In spring 2021, USACE estimated its
USACE flood risk reduction projects in states and
construction backlog at $109 billion. To what extent
territories affected by specified disasters or for flood
supplemental appropriations have helped address the
disasters occurring during a specified period (see examples
USACE backlog remains uncertain, and the aggregate
in Table 1).
effect of supplemental appropriations on accomplishing the
agency’s water resource missions nationally remains
Tailored Legislative Direction
unknown. An oversight and evaluation challenge for
Congress generally has tailored the supplemental
supplemental appropriations can include tracking output
appropriations acts to reflect specific characteristics of the
measures (such as jobs created, obligations to projects, or
disaster or the economic, infrastructure, or security concern.
contracts completed), as well as assessing economic and
In USACE supplemental appropriations acts, unlike in
environmental impacts of these investments.
annual appropriations, Congress often does not limit the
initiation of new USACE studies and construction projects;
Future of USACE Flood Risk Reduction Projects
Congress also may include exemptions to requirements that
Supplemental appropriations legislation provided for much
typically apply to USACE projects. These exemptions
of the funding for USACE flood risk reduction projects in
include waiving requirements that limit USACE proceeding
the 2010s. Congress provided $19.0 billion (2020 dollars)
with projects that exceed their authorization of
in Construction account supplemental funding for flood risk
appropriations and waiving some required nonfederal cost
reduction projects in the 2010s; this exceeded the $9.0
sharing. In P.L. 117-43, P.L. 116-20, P.L. 115-123, and
billion (2020 dollars) that Congress provided to USACE in
P.L. 113-2, Congress also allowed for projects to move
annual appropriations for the construction of flood risk
from a feasibility study to construction with approval of the
reduction projects during this period. Congress also has
Assistant Secretary of the Army (Civil Works), rather than
used supplemental appropriations legislation to fund the
requiring project-specific congressional construction
account for the Mississippi River and Tributaries flood risk
authorization, if the construction is funded using
reduction project to pay for repairs and investments.
supplemental appropriations.
The nation’s flood risks appear to be increasing for a
USACE Process After Enactment
variety of reasons, including changing hydrological
After supplemental appropriations bills are enacted,
conditions (e.g., greater runoff due to impervious surfaces,
USACE selects the specific projects to receive funding
more intense rainfall events), and because more people and
from among the qualifying projects, unless Congress has
assets are located in vulnerable locations. For some coastal
specified which projects are to be funded. USACE may not
areas, relative sea level rise also is increasing risk. Related
select a project for every eligible flood-affected state or
policy questions include the following: How effective are
territory. The amount of publicly available information on
federal investments through supplemental appropriations in
how USACE implements or uses supplemental
USACE flood risk reduction in reducing near- and long-
appropriations varies and is shaped by congressional
term flood risks? How equitable and efficient are the
direction. For P.L. 116-20 and P.L. 115-123, the Trump
planning, funding, and delivery of USACE flood risk
Administration published its implementation guidance, as
reduction projects under supplemental and annual
well as study and project lists. Pursuant to congressional
appropriations processes?
direction, the Biden Administration has published lists of
specific studies and projects to receive much of the funding
Nicole T. Carter, Specialist in Natural Resources Policy
provided in P.L. 117-58 and P.L. 117-43. Congress often
Anna E. Normand, Analyst in Natural Resources Policy
has required monthly reporting to the appropriations
committees on the allocation and obligation of
IF11945
supplemental funds.
https://crsreports.congress.gov

U.S. Army Corps of Engineers: Supplemental Appropriations


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https://crsreports.congress.gov | IF11945 · VERSION 4 · UPDATED