Congressional Research Service IN11426.1 (Executive Order to Accelerate Economic Recovery from COVID-19 Emergency by Expediting Infrastructure Investment)
Summary
A Congressional Research Service Insight, IN11426 (version 1), dated June 17, 2020, on Executive Order 13927, released by the White House on June 4, 2020, to accelerate economic recovery from the COVID-19 emergency by expediting infrastructure investments and other activities. It states that the order includes directives to specific agencies that fund or authorize infrastructure projects or construction-related activities, and directives to all agency heads on environmental laws commonly applicable to such projects. It quotes the order's direction that agencies use "their lawful emergency authorities and other authorities" to respond to the national emergency and facilitate economic recovery.
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INSIGHTi
Executive Order to Accelerate Economic
Recovery from COVID-19 Emergency by
Expediting Infrastructure Investment
June 17, 2020
On June 4, 2020, the White House released Executive Order (E.O.) 13927, “Accelerating the Nation’s
Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other
Activities.” It includes directives to specific agencies responsible for funding or authorizing certain types
of infrastructure projects or construction-related activities. It also includes directives to the heads of all
federal agencies regarding specific environmental laws commonly applicable to construction-related
projects subject to federal approval. Broadly, it directs agencies to take “appropriate steps to use their
lawful emergency authorities and other authorities to respond to the national emergency and to facilitate
the Nation’s economic recovery.” Additionally, it directs federal agencies to “take all reasonable measures
to speed infrastructure investments and to speed other actions … that will strengthen the economy and
return Americans to work, while providing appropriate protection for public health and safety, natural
resources, and the environment, as required by law.”
Directives to Specific Agencies
Sections 3-5 direct specific agencies to take the following actions to “facilitate the Nation’s economic
recovery” for “all authorized and appropriated” projects they are authorized to “perform or to advance”:
Section 3 includes directives to the Secretary of Transportation, which could involve
surface transportation or airport improvement projects eligible to receive financial
assistance via programs administered by the Department of Transportation. Such projects
are generally undertaken by municipal, tribal, or state transportation agencies.
Section 4 includes directives to the Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works, to expedite delivery of civil works projects under
the purview of the U.S. Army Corps of Engineers, which includes projects authorized by
Congress in a Water Resources Development Act and could include projects undertaken
by non-federal project sponsors.
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IN11426
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Section 5 includes directives to the Secretaries of Defense, the Interior, and Agriculture
to expedite “infrastructure, energy, environmental, and natural resources projects” on
federal lands, which could include projects undertaken directly by federal land
management agencies or the military or projects undertaken by non-federal project
sponsors that require authorization to use or cross federal land.
Each section described above differs only with respect to the Secretary and category of projects identified.
Specifically, each section requires the respective Secretary to do the following:
“Use all relevant emergency and other authorities to expedite work on, and completion
of, all authorized and appropriated [projects] that are within the authority of the
[respective Secretary] to perform or to advance.”
Within 30 days of the order, provide a summary report listing all such projects “that have
been expedited” to the Office of Management and Budget (OMB), the Assistant to the
President for Economic Policy, and the Council on Environmental Quality (CEQ).
Within 30 days after the initial summary report, provide a status report to the same parties
listing any additions or changes to the initial list, with additional reports provided at least
every 30 days for the duration of the national emergency.
The E.O. does not include a definitions section. To date, the agencies listed above have not publicly
interpreted the directives. Until each does so, whether or the extent to which they will accelerate delivery
of infrastructure projects may depend on how each agency answers the following questions:
Do “authorized and appropriated” projects refer only to projects already approved to
receive federal program funds or a regulatory authorization requested by the project
sponsor?
Are there “emergency and other authorities” applicable to authorized and approved
projects under the current circumstances?
For projects undertaken by non-federal project sponsors, does the agency secretary have
“emergency” or other authority to compel such non-federal entities to expedite work on
or complete their projects?
What sorts of authorized and appropriated projects could be expedited or completed in 30
days?
Directives to All Federal Agencies
Sections 6-8 identify specific, existing “emergency regulations” or other procedures potentially relevant
to the following:
Section 6. Compliance with the National Environmental Policy Act (42 U.S.C. §4321 et
seq.).
Section 7. Consultations with Secretaries of the Interior or Commerce required under the
Endangered Species Act (16 U.S.C. §1531 et seq.).
Section 8. Regulatory authorizations from the Army Corps of Engineers, required under
Section 404 of the Clean Water Act (33 U.S.C. §1344), Section 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C. §403), and/or Section 103 of the Marine Protection
Research and Sanctuaries Act of 1972 (33 U.S.C. §1413).
In each section, the E.O. directs the “heads of all federal agencies” to do the following:
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Within 30 days of the order, identify “planned or potential” actions that may be subject to
relevant “emergency” requirements or other procedures identified in the respective
section of the E.O. and provide a summary report listing those actions to OMB, CEQ, the
Assistant to the President for Economic Policy, and, as relevant, the agency authorized to
implement the laws (identified in Sections 7 and 8).
To the fullest extent possible and consistent with applicable law, use “emergency” or
other procedures identified in the respective section “to facilitate the Nation’s economic
recovery.”
Within 30 days of the initial summary report, provide a status report to the same parties
listing the status of any previously reported actions and any new planned or potential
actions, with additional reports provided at least every 30 days for the duration of the
national emergency.
Section 9 includes similar directives to all federal agencies with respect to “other authorities,” broadly
identified as any other “statutes, regulations, and guidance” that may provide for “emergency or expedited
treatment (including waivers, exemptions, or other streamlining) with regard to agency actions pertinent
to infrastructure, energy, environmental, or natural resources matters.”
Similar to the directives in Sections 3-5, determining whether the directives in Sections 6-9 will expedite
compliance with applicable law for a given project may depend on how each federal agency answers the
following questions:
Is it responsible for “planned or potential actions” subject to the E.O.?
Among such actions, which ones can be carried out in accordance with “emergency
regulations” or would already be carried out under the other procedures identified in the
E.O.?
Author Information
Linda Luther
Analyst in Environmental Policy
Disclaimer
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