CRS INSIGHT
The Defense Department and 10 U.S.C. 284: Legislative
Origins and Funding Questions
February 20, 2019 (IN11052)
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Liana W. Rosen
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Liana W. Rosen, Specialist in International Crime and Narcotics (lrosen@crs.loc.gov, 7-6177)
Introduction
On February 15, President Donald J. Trump confirmed recent reports
that described the Administration's consideration
of Department of Defense (DOD) authorities and funds to emplace physical barriers along the U.S.-Mexico border. A
White House fact sheet detailed the potential availability of up to $8.1 billion "to build the border wall"—including,
among other authorities and funding sources, "up to $2.5 billion under the Department of Defense funds transferred for
Support for Counterdrug Activities (Title 10 United States Code, section 284)."
The full title of the referenced authority is "Support for Counterdrug Activities and Activities to Counter Transnational
Organized Crime." It is one of several DOD authorities to conduct counterdrug missions. In the context of
Administration priorities along the southern border, this authority has gained congressional attention because its use is
not contingent on the declaration of a national emergency.
What Does 10 U.S.C. 284 Authorize?
10 U.S.C. 284 authorizes the Secretary of Defense to provide specified support to other federal departments or agencies,
as well as state, local, tribal, or foreign law enforcement agencies, to conduct counterdrug activities or to counter
transnational organized crime. The authority specifies 10 types of authorized domestic support, including the
"construction of roads and fences and installation of lighting to block drug smuggling corridors across international
boundaries of the United States." According to Joint Chiefs of Staff guidance issued in 2014, such activities encompass
"engineering support" for mobility and counter-mobility purposes and are limited to the southern border.
Other authorized domestic support activities include the maintenance, repair, or upgrading of certain equipment;
transportation of personnel; establishment and operation of certain bases or training facilities; counterdrug or counter-
transnational organized crime training; detection, monitoring, and communication of the movement of air, sea, and
surface traffic near U.S. boundaries; establishment of command, control, communications, and computer networks for
interoperability; provision of linguist and intelligence analysis services; and aerial and ground reconnaissance.
How Did 10 U.S.C. 284 Come to Exist?
The authority traces its origins to Section 1004 of the FY1991 National Defense Authorization Act (NDAA; P.L. 101-
510). The original provision authorized DOD to support the "construction of roads and fences and installation of
