FY2020 Military Construction Appropriations: An Overview of P.L. 116-94 (Division F)

FY2020 Military Construction Appropriations: An Overview of P.L. 116-94 (Division F)

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January 8, 2020
FY2020 Military Construction Appropriations: An Overview of
P.L. 116-94 (Division F)
On December 20, 2019, President Donald Trump signed the
2014 to support NATO allies in Central and Eastern
Further Consolidated Appropriations Act, 2020 (H.R. 1865;
Europe after the Russian military intervention in
P.L. 116-94)—a package of multiple appropriations acts
Ukraine; and
known as a minibus—which included the Military
 $6.2 billion in DOD funding designated as emergency
Construction, Veterans Affairs, and Related Agencies
requirements in Title V for natural disaster relief. This
Appropriations Act, 2020 (Division F).
funding is for MILCON projects intended to replace or
Division F of P.L. 116-94 provides $18.2 billion in
rebuild infrastructure damaged by Hurricanes Florence
discretionary budget authority for Department of Defense
and Michael, flooding and earthquakes.
(DOD) military construction (MILCON) and family
housing programs, an increase of $5.4 billion (42%) from
Border Barrier Funding Issues
the FY2019 enacted level, and $2.9 billion (14%) less than
The act did not include any of the $7.2 billion in U.S. Army
the President’s budget request. See Table 1 and, for a
MILCON emergency funding requested by the Trump
historical funding perspective, Figure 1.
Administration to build barriers along the U.S. border with
The total includes the following:
Mexico. The Administration requested $3.6 billion to build
new border barriers in FY2020 and $3.6 billion to
 $11.3 billion in DOD funding for MILCON and family
replenish, or backfill, funding reallocated for such purposes
housing programs in Title I as part of the department’s
in FY2019. The act also did not include language from the
regular, or base, budget—i.e., the portion of the budget
House version of the bill (Division D of H.R. 3055) that
generally used to man, train, and equip the force;
would have prohibited the Administration’s use of FY2020

or prior-year MILCON funding to design, construct, or
$644.5 million in DOD funding designated for Overseas
carry out projects along the border. In a June 18, 2019,
Contingency Operations/Global War on Terrorism
Statement of Administration Policy, the White House
(OCO/GWOT) in Title IV. Most of this funding ($544.7
Office of Management and Budget (OMB) referenced the
million) is for MILCON projects related to the European
House language as potential grounds for a presidential veto.
Deterrence Initiative (EDI), an effort DOD began in
Table 1. FY2020 Military Construction and Family Housing Appropriations
(in bil ions of dol ars)
FY2019
FY2020
House-reported
Senate-reported P.L. 116-94
Appropriation Title
Enacted
Request
(H.R. 2745a)
(see table notes) (Division F)
Military Construction (Title I)
8.7
9.9
9.1
n/a
9.9
Family Housing (Title I)
1.6
1.3
1.5
n/a
1.5
Subtotal
10.3
11.2
10.5
n/a
11.3
OCO/GWOT (Title IV)
0.9
9.8b
0.9
n/a
0.6
Natural Disaster Relief (Title V)
1.60
0.0b
2.3
n/a
6.2
Total
12.8
21.1
13.8
n/a
18.2
Sources: Table prepared by CRS based on the Joint Explanatory Statement (JES) accompanying P.L. 116-94 and H.Rept. 116-63, the House
Appropriations Committee report accompanying H.R. 2745, which was incorporated into H.R. 3055.
Notes: Figures rounded to the nearest tenth. Totals may not sum due to rounding. The Senate Appropriations Committee did not report a
version of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Bil , 2020.
a. Figures in this column are based on the Comparative Statement of New Budget Authority in H.Rept. 116-63.
b. Amount reflects figure in JES accompanying P.L. 116-94. Title IV included $644.5 mil ion for OCO military construction projects and $9.2
bil ion for emergency military construction projects. In DOD budget documentation, the Administration requested $9.2 bil ion in
emergency funding to build border barriers, backfil funding real ocated in FY2019 to build border barriers, and rebuild facilities damaged
by Hurricanes Florence and Michael.
Amount reflects military construction funding in Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20).
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FY2020 Military Construction Appropriations: An Overview of P.L. 116-94 (Division F)
Funding Highlights
Figure 1. Military Construction and Family Housing
Appropriations, FY2001–FY2020
Selected Funding Increases. In addition to the emergency
(in bil ions of FY2020 dol ars)
funding for natural disaster relief, Division F of P.L. 116-94
provided a total of $1.8 billion more than the
Administration requested for certain projects and programs,
including the following:
 $1.0 billion—none of which was requested by DOD—
for MILCON projects identified in the services’ FY2020
unfunded priority lists to Congress (see Section 124);
 $140.8 million—none of which was requested by
DOD—for Family Housing Support and Management
Costs to increase the services’ ability to provide
oversight, management, and personnel to track current
and future issues that may affect military family
housing. These funds were also identified in the
services’ FY2020 unfunded priority lists to Congress

(Section 131);
Source: Department of Defense, National Defense Budget Estimates
for FY2020, Table 6-8: DOD Budget Authority by Public Law Title (FY
 $398.5 million—$120.0 million more than requested—
1948 to FY 2024); JES accompanying P.L. 116-94.
for the Department of Defense Base Closure Account,
Notes: FY2001 through FY2019 figures from DOD Table 6-8;
which finances environmental restoration and mitigation
FY2020 figures from the JES accompanying P.L. 116-94. MILCON is
activities, property management, disposal, and caretaker
military construction and includes OCO/GWOT and emergency
costs incurred at closed or realigned installations (i.e.,
funding.
Base Realignment and Closure, or BRAC, sites). Half of
the increase is for the cleanup of certain per- and
Military Housing and Tenant Rights
polyfluoroalkyl substances (PFAS)—fluorinated
The Joint Explanatory Statement accompanying the bill in
compounds that have been used as an ingredient in fire
the December 17, 2019, Congressional Record cited
suppressants at U.S. military installations;
H.Rept. 116-63, which directs DOD to “provide a report [to
 $232.6 million—$82.6 million more than requested—
Congress] no later than 60 days after enactment ... and then
for unfunded requirements of the Energy Resilience and
every quarter, regarding the status of ... tenant contracts,
Conservation Investment Program (ERCIP), intended to
leases with private housing providers, and overall
fund projects that improve energy resilience (the ability
implementation measures ... taken to improve quality of
to recover from anticipated and unanticipated energy
housing” for servicemembers. The report also directs DOD
disruptions), contribute to mission assurance, save
and the services to establish and maintain procedures for
energy, and reduce DOD’s energy costs; and
tenant reporting of safety and health threats in military

family housing managed by private contractors. These
$75.0 million—none of which was requested—for
military housing oversight requirements stem from multiple
improving military installation resilience (Section 130).
reports and congressional testimonies of negligence by
privatized military housing providers.
Selected Funding Decreases. In addition to not including
the border barrier funding, the act provided a total of $1.7
CRS Products
billion less than the Administration requested for certain
projects and programs, including the following:
CRS Report R44710, Military Construction: Authorities, Process,

and Frequently Asked Questions, by G. James Herrera
No funding—$211.0 million less than requested—for
worldwide unspecified Army major construction;
CRS Report R45937, Military Funding for Southwest Border

Barriers, by Christopher T. Mann
No funding—$130.4 million less than requested—for
Kinnick High School at a Navy base in Yokosuka,
CRS Report R45986, Federal Role in Responding to Potential
Japan;
Risks of Per- and Polyfluoroalkyl Substances (PFAS), coordinated
by David M. Bearden
 $120.0 million—$115.0 million less than requested—for
Other Resources
an Air Force weapons storage and maintenance facility
at Malmstrom Air Force Base, Montana;
Office of Management and Budget, Statement of Administration

Policy: H.R. 3055, June 18, 2019
$64.1 million—$100.0 million less than requested—for
a Navy Bachelor Enlisted Quarters that would provide

housing to U.S. Marines (rank E1-E5) at Naval Base
Guam in Joint Region Marianas, Guam; and
Brendan W. McGarry, Analyst in U.S. Defense Budget
 No funding—$88.5 million less than requested in OCO
G. James Herrera, Analyst in U.S. Defense Readiness and
funding—for an Army high-value detention facility at
Infrastructure
Guantanamo Bay Naval Station in Guantanamo Bay,
IF11401
Cuba.
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FY2020 Military Construction Appropriations: An Overview of P.L. 116-94 (Division F)

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