{
  "id": "IN11017",
  "type": "CRS Insight",
  "typeId": "INSIGHTS",
  "number": "IN11017",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 594250,
      "date": "2019-01-11",
      "retrieved": "2019-04-17T14:35:27.799487",
      "title": "Military Construction Funding in the Event of a National Emergency ",
      "summary": "The President\u2019s reported consideration of whether to invoke various statutory authorities (including some triggered by a declaration of a national emergency) to direct the Department of Defense (DOD) to construct \u201ca physical barrier\u201d along the U.S.-Mexico border has raised questions about potentially available appropriated funds. This Insight identifies previous military construction projects funded through emergency authorities and unobligated military construction funding balances.   \nTitle 10 U.S.C. Section 2808 is entitled Construction authority in the event of a declaration of war or national emergency and depends upon a \u201cdeclaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act [NEA] (50 U.S.C. 1601 et seq.) that requires use of the armed forces.\u201d A declaration by the President under the NEA must detail the statute under which action will proceed. For discussion of the authorities the President may utilize after declaring a national emergency in accordance with the NEA, see CRS Legal Sidebar LSB10242, Can the Department of Defense Build the Border Wall?, by Jennifer K. Elsea, Edward C. Liu, and Jay B. Sykes. \nPrevious Instances\nPresidents have invoked the NEA twice citing the emergency military construction authority set forth in 10 U.S.C. 2808. During Operation Desert Shield, President George H.W. Bush issued EO 12734  of November 14, 1990. In the aftermath of the September 11, 2001, terrorist attacks President George W. Bush issued Executive Order 13235 of November 16, 2001. In the latter, the president was required and able to renew the authority. \nPrevious Military Construction Projects\nAccording to DOD information, from 2001 through 2014, the department funded a total of 18 projects under 10 U.S.C. 2808, after the President invoked the NEA, with a combined value of $1.4 billion. With the exception of one project dating from December 2001 related to security measures for weapons of mass destruction at sites in the continental United States, most of the projects took place at overseas locations (see Table 1).\nTable 1. Department of Defense Use of Authority Per 10 U.S.C. 2808 \n(2001-2014)\nDate\nComponent\nLocation\nAmount (in millions of dollars)\nDescription of Project\n\n11/21/2001\nAir Force\nTo support Operation Enduring Freedom\n26.7\nExpand aircraft parking ramps and build hangars at two forward operating locations\n\n12/4/2001\nArmy\nArkansas, Indiana,\nKentucky, Maryland,\nOregon\n35.0\nSecurity measures for weapons of mass destruction\n\n11/17/2006\nArmy\nGuantanamo\n102.0\nSecure courthouse and support facilities\n\n9/18/2008\nArmy\nBagram, Afghanistan\n38.8\nBarracks, power line, and road\n\n5/9/2009\nAir Force\nAfghanistan\n41.3\nAirfield runway and apron pavement improvements\n\n5/29/2009\nArmy\nAfghanistan, Iraq\n136.2\nWaste management complex, fuel storage, security improvements, ammo storage, medical facility, and logistics support area\n\n6/2/2010\nAir Force\nAfghanistan\n59.0\nAirfield pavement improvements\n\n8/25/2010\nAir Force\nQatar, UAE, Kuwait, Afghanistan\n129.1\nFuel facilities, passenger and freight terminal, cargo holding area, billeting, network control center, satellite communications facility, maintenance center, electrical substation, special operations forces (SOF) aviation complex, and ramp\n\n8/16/2011\nArmy\nAfghanistan\n74.0\nDetention facility expansion, airfield pavement improvements, and tanker truck facility\n\n1/13/2012\nAir Force\nCamp Lemonnier, Djibouti\n6.3\nAircraft parking, taxiway, and aircraft shelter\n\n1/30/2012\nAir Force\nQatar, Afghanistan, Oman, Kyrgyzstan\n141.2\nSOF apron, taxiway, communications facility, ammo storage area, and airlift apron\n\n3/5/2012\nArmy\nParwan, Afghanistan\n53.3\nDetention housing and dining facility\n\n6/1/2012\nArmy\nAfghanistan\n28.0\nLogistics hub, security improvements, and waste water treatment plant\n\n6/15/2012\nAir Force\nCamp Lemonnier, Djibouti\n187.0\nCombat Aircraft Loading Area (CALA) and billeting\n\n6/30/2012\nArmy\nAfghanistan\n86.0\nWaste management complex and utility projects\n\n8/20/2012\nAir Force\nCamp Lemonnier, Djibouti\n24.0\nParallel taxiway extension\n\n8/20/2012\nNavy\nNaval Support Act Bahrain\n45.2\nWaterfront development\n\n6/14/2013\nNavy\nCamp Lemonnier, Djibouti\n228.0\nTask Force Compound\n\nTOTAL\n\n\n1,441.1\n\n\nSource: DOD. \nFunding \nSection 2808 does not appear to cite a cost limitation per a project. However, it specifies as a source of funding certain available military construction funds. Subsection (a) states, \u201cSuch projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.\u201d\nAccording to DOD information, the department reported unobligated balances in the military construction and family housing accounts totaling $13.3 billion at the end of FY2018 (see Table 2).\nTable 2. Status of Unobligated Balances for Military Construction (MILCON) and Family Housing Titles\n(in thousands of dollars, as of September 30, 2018)\nAccount\nPeriod of Availability\nAppropriated Amount\nUnobligated Balance\n% Unobligated\n\nMILCON\n2014/2018\n7,969,801\n244,377\n3%\n\nMILCON\n2015/2018\n119,946\n3,887\n3%\n\nMILCON\n2015/2019\n4,947,617\n654,158\n13%\n\nMILCON\n2016/2020\n6,791,551\n1,774,080\n26%\n\nMILCON\n2017/2021\n6,797,713\n2,821,042\n41%\n\nMILCON\n2018/2022\n9,896,613\n6,755,989\n68%\n\nBase Realignment and Closure\n\n2,836,102\n204,806\n7%\n\nNATO Security Investment Program \n\n7,874,381\n196,231\n2%\n\nFamily Housing\n2014/2018\n229,247\n57,598\n25%\n\nFamily Housing\n2015/2019\n82,698\n11,328\n14%\n\nFamily Housing\n2016/2020\n345,528\n176,791\n51%\n\nFamily Housing\n2017/2021\n319,535\n167,082\n52%\n\nFamily Housing\n2018/2022\n355,906\n323,455\n91%\n\nFamily Housing\n2018/2018\n1,127,108\n52,147\n5%\n\nFamily Housing Improvement Fund\n\n4,301,107\n18,812\n0%\n\nUnaccompanied Housing Improvement Fund\n\n80,332\n632\n1%\n\nHomeowners Assistance Program\n\n2,923,870\n40,083\n1%\n\nMILCON Subtotal\n\n47,233,724\n12,458,339\n26%\n\nFamily Housing Subtotal\n\n9,765,331\n847,928\n9%\n\nGrand Total\n\n56,999,055\n13,306,267\n23%\n\nSource: The Report of the Department of Defense on Fourth Quarter Fiscal Year 2018 Bid Savings and Unobligated Balances for Military Construction and Family Housing Accounts (Execution as of September 30, 2018).\nThe figures cited above do not account for unobligated balances resulting from FY2019 appropriations.\nThe 2019 Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act (H.R. 5895; P.L. 115-244) appropriated a total of $11.3 billion in military construction budget authority, including $10.3 billion in Title I\u2014Department of Defense (DOD) for the department\u2019s base, or regular, budget, and $921 million in Title IV\u2014Overseas Contingency Operations (OCO). These figures can be found in the funding tables in H.Rept. 115-929, the conference report accompanying the bill. These amounts reflect budget authority\u2014not obligations (or unobligated amounts). Because military construction appropriations are generally available for obligation for up to five years, the department likely has a different amount of unobligated military construction funding than the total appropriated amount for any given fiscal year.\nIn general, as part of the President\u2019s annual budget submission to Congress, the Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer publishes a spreadsheet, entitled \u201cMilitary Construction, Family Housing, and Base Realignment and Closure Program (C-1),\u201d which details funding amounts, facility title, and installation or location for individual military construction projects. \nCongressional Notification and Reprogramming\nThe use of Title 10 Section 2808 requires congressional notification. Subsection (b) states, \u201cWhen a decision is made to undertake military construction projects authorized by this section, the Secretary of Defense shall notify ... the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.\u201d\nNevertheless, according to DOD regulations the use of Section 2808 does not require a request to Congress for reprogramming (i.e., a change in the application of funds). The DOD Financial Management Regulation (FMR; DOD 7000.14-R), Paragraph 170303, Subsection (A), \u201cConstruction in the Event of a Declaration of War or National Emergency,\u201d highlights additional guidance in DOD Directives (DODD) 3025.18 and 4270.5, the latter of which states reprogramming is not required for construction projects under 10 U.S.C. 2808.\nKevin Borden, Nicole Carter, Michelle Christensen, Jennifer Elsea, Michael Garcia, Bruce Lindsay, Edward Liu, and Liana Rosen contributed to this Insight.",
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