Robust Funding for the Civil Works Program

For the first time in nearly 2 decades, the Congress approved a series of appropriations bills prior to the start of the fiscal year on October 1st, providing robust funding for the U.S. Army Corps of Engineers Civil Works program, a healthy $7 billion, $172 million above the fiscal year 18 funding and significantly more than the Administration’s budget of $4.78 billion.

Broken down by account, Investigations receives $125 million, with a direction to start six new studies; Construction at $2.183 billion, with five new starts and a shift in the cost-share formula for the Chickamauga Lock from 50-50 to 85 federal and 15 non-federal with the objective of moving forward on this long-delayed project; $368 million for Mississippi River and Tributaries; and a whopping $3.739 billion for Operation and Maintenance.

With respect to the Administration’s proposal to reorganize the Corps of Engineers, the bill stops that effort in its tracks:

None of the funds made available by this Act or any other Act may be used to reorganize or to transfer the Civil Works functions or authority of the Corps of Engineers or the Secretary of the Army to another department or agency.

In the joint explanatory statement accompanying the bill, the conferees were more pointed:

The conferees are opposed to the proposed reorganization as it could ultimately have detrimental impacts for implementation of the Civil Works program and for the numerous non-federal entities that rely on the Corps’ technical expertise, including in response to natural disasters.

The conferees are extremely concerned that an action of this magnitude, which crosses multiple jurisdictional lines and has far-reaching consequences, was not properly brought to Congress as a proposal, allowing for oversight and hearings as to its effects. Notification and discussion with Members of Congress and Committee staffs was nonexistent. Further, this type of proposal, as the Department of Defense and the Corps are well aware, will require enactment of legislation, which has neither been proposed nor requested to date. Therefore, no funds provided in this Act or any previous Act to any agency shall be used to implement this proposal.

Bill is here: https://www.congress.gov/115/bills/hr5895/BILLS-115hr5895enr.pdf

Report is here:  https://docs.house.gov/billsthisweek/20180910/Joint%20Statement.pdf