U.S. Army Corps of Engineers: Supplemental Appropriations

U.S. Army Corps of Engineers: Supplemental Appropriations

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Updated January 10, 2023
U.S. Army Corps of Engineers: Supplemental Appropriations
The U.S. Army Corps of Engineers (USACE) is a
projects and activities, with some exceptions. P.L. 116-135
Department of Defense agency with civil works
provided funds for USACE coronavirus prevention and
responsibilities, consisting largely of projects to maintain
response, and P.L. 117-180 designated USACE funds for
navigable channels, reduce flood and storm damage, and
environmental infrastructure assistance. The Biden
restore aquatic ecosystems. USACE also has a role in
Administration used the P.L. 117-180 funds to assist in the
responding to natural disasters, especially floods. This In
response to the 2022 Jackson, MS, water crisis. Division N,
Focus covers the appropriations that Congress has provided
Title IV, of P.L. 117-328 provided supplemental
USACE that are in addition to annual appropriations,
appropriations for construction and operation and
referred to as supplemental appropriations. The 118th
maintenance (O&M) of authorized projects, regardless of
Congress may consider how effectively and efficiently the
flood impacts, while limiting some of the funds to flood
agency uses these funds, the outlook for completing studies
response and recovery for areas affected by three 2022
and projects undertaken with these funds, and the
hurricanes. The Infrastructure Investment and Jobs Act
Administration’s interpretation of the law and policies
(IIJA; P.L. 117-58) provided $17.1 billion for activities
related to USACE’s use of the funds.
spanning USACE’s navigation, flood, and aquatic
ecosystem restoration authorities. Although the IIJA’s focus
Table 1 summarizes in nominal dollars the most recent
was on infrastructure investment, the IIJA targeted its
supplemental appropriations acts funding USACE. Most
USACE coastal storm risk reduction funds for states
but not all of the supplemental bills in Table 1 principally
affected by declared disasters over a six-year period.
funded USACE flood response, recovery, and related
Table 1. Recent Enacted USACE Supplemental Appropriations by Budget Account
(in millions of nominal dol ars)
Invest. &
WIFIP &
Disaster-Related Limitations on Invest.
Public Law
Expenses Const.
O&M
FCCE MR&T
Regulatory
Total
& Const. Account
P.L. 117-328
10
559
377
519
16
—
1,480
States and insular areas impacted by
Hurricanes Ian, Fiona, and Nicole for
Invest. and for $261 mil ion from Const.
P.L. 117-180
—
20
—
—
—
—
20
Environmental infrastructure assistance
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. 116-135
20
—
50
—
—
—
70
Coronavirus
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. WIFIP = 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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U.S. Army Corps of Engineers: Supplemental Appropriations
Investment and Jobs Act (IIJA) Funding for U.S. Army
Figure 1. USACE Supplemental Funds Enacted in
Corps of Engineers (USACE) Civil Works: Policy Primer.)
Fiscal Years in 1990s and for FY2000-FY2023
(in constant 2022 dol ars, B = bil ion)
USACE Process After Enactment
After supplemental appropriations are enacted, USACE
selects specific projects from the qualifying projects to
receive the funding, unless Congress has specified which
projects to fund. Publicly available information on how
USACE implements or uses supplemental appropriations
varies and is shaped by congressional direction. For P.L.
116-20 and P.L. 115-123, the Trump Administration
published its implementation guidance, as well as study and
project lists. The Biden Administration has published lists
of specific studies and projects to receive much of the
funding provided in IIJA and P.L. 117-43. Congress often
requires monthly reporting to appropriations committees on
allocation and obligation of supplemental funds.

Source: CRS, using enacted legislation. Amounts except FY2023
Issues for Congress
adjusted to FY2022 dol ars using Bureau of Economic Analysis,
Issues for Congress include oversight of USACE’s short-
National Income and Product Accounts, Table 1.1.9.
term and long-term implementation of supplemental
appropriations. There may be questions regarding how
Funding Flood Response and Recovery
efficiently the funds are spent on projects and how effective
Since the 1940s, Congress has authorized USACE to
the funded projects are in accomplishing the purposes set
perform emergency flood fighting (e.g., sandbagging,
out by Congress. Implementation concerns have arisen with
temporary levee construction) and to repair certain
USACE emergency appropriations; for example, an August
nonfederal flood control works damaged by floods.
2021 Senate Appropriations Committee report, S.Rept. 117-
Congress pays for these activities using the agency’s Flood
36, and the explanatory statement accompanying Division
Control and Coastal Emergencies (FCCE) account.
D of P.L. 117-328 identified shortcomings in the pace and
Congress pays for post-flood repairs of USACE-operated
approach to managing supplemental construction funds and
projects through the O&M account. Since the mid-2000s,
in compliance with required allocation and reporting of
Congress has regularly provided USACE with supplemental
funds. Challenges for oversight and evaluation of
appropriations to study and construct flood control projects
supplemental appropriations may include tracking output
as part of post-disaster recovery efforts. After the 2005
measures (such as obligations to projects or contracts
hurricane season through FY2009, Congress directed most
completed), as well as assessing economic and
USACE supplemental appropriations toward repair and
environmental impacts of these investments. Other topics
construction of projects in Louisiana. For more than a
raised by USACE supplemental appropriations include the
decade, Congress has often directed that most or some of
outlook for completing work on studies and projects that
USACE supplemental funds be used to construct new or
were partially funded by supplemental appropriations; how
ongoing USACE flood risk reduction projects in states and
closely use of the USACE funds conforms with
territories affected by specified disasters or for flood
congressional direction; and the impact of Congress not
disasters from a specified period (see examples in Table 1).
applying some requirements and limitations that apply to
annual appropriations to supplemental appropriations.
Tailored Legislative Direction
Congress generally has tailored supplemental
USACE supplemental appropriations have developed into a
appropriations acts to reflect specific characteristics of the
principal pathway for funding USACE flood risk reduction
disaster or the economic, infrastructure, or security concern.
projects. The nation’s flood risks appear to be increasing for
In USACE supplemental appropriations acts, unlike in
a variety of reasons, including changing hydrological
annual appropriations, Congress often does not limit the
conditions (e.g., greater runoff due to impervious surfaces,
initiation of new USACE studies and construction projects;
more intense rainfall events), relative sea level rise in
Congress also may include exemptions to requirements that
coastal areas, and increased population and assets in
typically apply to USACE projects. These exemptions
vulnerable locations. USACE supplemental appropriations-
include waiving requirements that limit USACE’s ability to
related flood policy questions include the following: How
proceed with projects that exceed their authorization of
effective are federal investments through supplemental
appropriations and waiving some nonfederal cost sharing.
appropriations in USACE flood risk reduction in reducing
In some acts, Congress has allowed USACE to proceed
near- and long-term flood risks? How equitable and
from a feasibility study for a project to construction with
efficient are USACE flood risk reduction investments using
approval of the Assistant Secretary of the Army (Civil
supplemental and annual appropriations?
Works), rather than requiring project-specific congressional
construction authorization, if the construction is funded
Anna E. Normand, Analyst in Natural Resources Policy
using supplemental appropriations. (For more on applying
Nicole T. Carter, Specialist in Natural Resources Policy
and waiving requirements in USACE supplemental
appropriations, see CRS Insight IN11723, Infrastructure
IF11945
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U.S. Army Corps of Engineers: Supplemental Appropriations

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