Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

Return to Table of Contents 333 G. Emergency and Extraordinary Expense Funds (including

F. Military Construction
Congressional oversight of the Military Construction Program is extensive and pervasive. There are different categories of construction work with distinct funding requirements. Specified Military Construction (MILCON) Program projects generally cost over $6 million. Unspecified Minor Military Construction (UMMC) Program construction projects generally cost between $2 million and $6 million. Minor Military Construction projects costing less than $2 million are typically funded with Operations and Maintenance funds.
Within the context of fiscal law, construction includes, among other things, building new structures, as well as the alteration, addition, expansion, and replacement of existing facilities, plus site preparation and some installed equipment. Splitting a project into multiple projects in order to avoid a statutory threshold is prohibited. The rules for construction apply to permanent and temporary projects.
Maintenance and repair projects are not definitional construction for fiscal law purposes, and may therefore be funded entirely with Operations and Maintenance funds. However, the determination of what is maintenance and repair versus construction is a technical decision that should be made by public works, facilities management, or engineering personnel, in close coordination with resource managers and judge advocates.
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333
G. Emergency and Extraordinary Expense Funds (including
Official Representation Funds)
1. Definition
Emergency and extraordinary expense (EEE) funds are appropriations that an agency has much broader discretion to use for emergency and extraordinary expenses Expenditures made using these funds need not satisfy the normal purpose rules. Not all agencies receive emergency and extraordinary funds, and those that do typically receive a very small amount. Agencies that do receive and expend EEE funds must comply with Congressional notification and reporting requirements.

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