Possible Use of FY2020 Defense Funds for
Border Barrier Construction: Context and
Questions
Christopher T. Mann
Analyst in Defense Policy and Trade
January 16, 2020
On January 13, 2020, the Washington Post reported that the Trump Administration plans to reallocate $7.2
billion in Department of Defense (DOD) appropriations to construct barriers along the U.S.-Mexico
border. Of this amount, $3.7 billion would reportedly come from deferring congressionally approved
military construction (MILCON) projects. An additional $3.5 billion would be redirected through DOD’s
Drug Interdiction and Counter-Drug Activities account (hereafter counter-drug transfer account). If the
Administration were to carry out the actions as described by the Washington Post, DOD would be using
the same authorities it exercised in FY2019, when it transferred $6.1 billion in defense funds for border
barriers. In this case, FY2019 and FY2020 defense funding for border barriers would total $13.3 billion.
Background
On February 15, 2019, the Trump Administration announced plans for redirecting up to $6.1 billion from
existing FY2019 DOD programs and projects to border wall construction, using a complex mix of
emergency- and nonemergency-related authorities. These actions were challenged in litigation that
remains ongoing.
During FY2020 budget deliberations, Congress considered a number of legislative provisions that would
have constrained the Administration’s use of similar authorities. These included provisions to:
reduce annual defense transfer thresholds,
limit DOD’s emergency construction authority, and
prohibit the use of defense funds for physical border barriers in general.
