May 22, 2019
Army Corps of Engineers and U.S. Southern Border Barriers
The U.S. Army Corps of Engineers (USACE) is performing
work on border barriers, roads, and lighting along the U.S.
southern border on behalf of the Departments of Homeland
Security (DHS) and Defense (DOD). In addition to
USACE’s military and civil works responsibilities, a variety
of entities—federal agencies (including DOD entities) and
tribal, state, local and foreign governments—may access
USACE’s engineering and contracting expertise through the
agency’s Interagency and International Support (IIS)
program. Typically the requesting entity reimburses
USACE’s IIS work.
Pursuant to IIS agreements, DHS has tasked USACE with
managing various construction activities to meet border
security requirements of DHS’s Customs and Border
Protection (CBP). Under recent DHS-funded IIS
agreements, USACE is constructing barriers and roads
along the U.S. southern border, as illustrated in Table 1.
Separately, in February 2019, the DHS requested DOD
assistance with the construction of barriers, roads, and
lighting at 11 drug smuggling “corridors” between the
United States and Mexico. As of mid-May 2019, DOD has
reprogrammed $2.5 billion to fund DHS-requested projects.
For the first round of DOD-funded projects, DOD has
tasked the USACE to manage these projects as part of its
IIS program. To accomplish the work for DHS and DOD,
USACE is awarding project-specific contracts and is
seeking to create a prequalified source list of companies to
perform up to $8 billion in border infrastructure projects
(e.g., see Solicitation No. W9126G-19-R-BI20).
This In Focus describes the IIS work USACE is performing
for DHS for border security and the work USACE is
performing for DOD as part of its counterdrug activities.
USACE Border Work for DHS
CBP is the primary DHS entity tasked with identifying
priorities for barrier and road improvements to meet border
security requirements along the U.S.-Mexico border. Prior
and current IIS agreements between CBP and USACE for
border barrier work have been entered into pursuant to the
Economy in Government Act (31 U.S.C. §1535, referred to
as the Economy Act). CBP is not required to enter into
these IIS agreements. Under IIS agreements, CBP
reimburses USACE for its work, which consists largely of
preparing projects for construction (e.g., assisting DHS with
real estate acquisition) and managing construction
contracts. USACE in turn contracts with private sector
firms to perform the construction. Table 1 shows the DHS-
funded USACE IIS projects along the southern border using
DHS FY2017 and FY2018 funds. Although similar USACE
IIS work on behalf of DHS is anticipated, CRS has not
received information on IIS agreements beyond those
shown in Table 1.
CBP is preparing for construction in CBP’s Rio Grande
Valley sector of Texas. Border barrier construction in Texas
is complicated not only by land ownership issues along the
border but also by concerns about potential flooding and
other effects on U.S. and Mexican communities and
sensitive ecosystems. To address some of these challenges,
barriers in some locations may be situated atop levees or at
the edge of the 100-year floodplain.
Table 1. USACE Border Barrier and Road
Work Using FY2017 and FY2018 DHS Funding
($, in millions; mi = miles)
Source: CRS using information provided by USACE in March 2019.
USACE Border Work for DOD
USACE is involved in DOD activities to assist DHS with
border engineering projects in drug trafficking corridors.
Table 2 identifies selected actions associated with the
DHS-requested, DOD border construction work. DHS
requested the assistance pursuant to authority allowing the
Secretary of Defense to support other federal agencies—as
well as tribal, state, local, and foreign governments—with
counterdrug activities and efforts to counter transnational
organized crime (10 U.S.C. §284). This support can include
the construction of roads, fences, and lighting to block drug
smuggling corridors at U.S. international boundaries. (See
CRS Insight IN11052, The Defense Department and 10
U.S.C. 284: Legislative Origins and Funding Questions, by
Liana W. Rosen.)
In March 2019, DOD accepted three of the 11 DHS-
requested projects and reprogrammed $1 billion for their
construction. Unlike previous domestic uses of Section 284
to support border engineering projects, which often used
military troops and equipment, there is no indication that
military assets will be called upon to execute these initial
DHS-requested, DOD-accepted projects. Rather, USACE is