Army Corps of Engineers and U.S. Southern Border Barriers

Army Corps of Engineers and U.S. Southern Border Barriers

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May 22, 2019
Army Corps of Engineers and U.S. Southern Border Barriers
The U.S. Army Corps of Engineers (USACE) is performing
CBP is preparing for construction in CBP’s Rio Grande
work on border barriers, roads, and lighting along the U.S.
Valley sector of Texas. Border barrier construction in Texas
southern border on behalf of the Departments of Homeland
is complicated not only by land ownership issues along the
Security (DHS) and Defense (DOD). In addition to
border but also by concerns about potential flooding and
USACE’s military and civil works responsibilities, a variety
other effects on U.S. and Mexican communities and
of entities—federal agencies (including DOD entities) and
sensitive ecosystems. To address some of these challenges,
tribal, state, local and foreign governments—may access
barriers in some locations may be situated atop levees or at
USACE’s engineering and contracting expertise through the
the edge of the 100-year floodplain.
agency’s Interagency and International Support (IIS)
program. Typically the requesting entity reimburses
Table 1. USACE Border Barrier and Road
USACE’s IIS work.
Work Using FY2017 and FY2018 DHS Funding
($, in millions; mi = miles)
Pursuant to IIS agreements, DHS has tasked USACE with
managing various construction activities to meet border
Location
Cost
Description
security requirements of DHS’s Customs and Border
Protection (CBP). Under recent DHS-funded IIS
FY2017

agreements, USACE is constructing barriers and roads
San Diego, CA
$147
14 mi barrier replacement
along the U.S. southern border, as illustrated in Table 1.
Calexico, CA
$20
2 mi barrier replacement
Separately, in February 2019, the DHS requested DOD
Santa Teresa, NM
$75
20 mi barrier replacement
assistance with the construction of barriers, roads, and
lighting at 11 drug smuggling “corridors” between the
EL Paso, TX
$22
4 mi barrier replacement
United States and Mexico. As of mid-May 2019, DOD has
Rio Grande Valley, TX
$49
Barrier gates
reprogrammed $2.5 billion to fund DHS-requested projects.
Roads in Texas and in
$76
23 mi
For the first round of DOD-funded projects, DOD has
CBP’s El Paso sector
tasked the USACE to manage these projects as part of its
FY2018

IIS program. To accomplish the work for DHS and DOD,
USACE is awarding project-specific contracts and is
San Diego, CA
$251
14 mi barrier replacement
seeking to create a prequalified source list of companies to
California
$135
15 mi barrier replacement
perform up to $8 billion in border infrastructure projects
Arizona
$293
32 mi barrier replacement
(e.g., see Solicitation No. W9126G-19-R-BI20).
Rio Grande Valley, TX
$617
13 mi levee barrier, 12 mi
This In Focus describes the IIS work USACE is performing
barrier
for DHS for border security and the work USACE is
Source: CRS using information provided by USACE in March 2019.
performing for DOD as part of its counterdrug activities.
USACE Border Work for DHS
USACE Border Work for DOD
USACE is involved in DOD activities to assist DHS with
CBP is the primary DHS entity tasked with identifying
border engineering projects in drug trafficking corridors.
priorities for barrier and road improvements to meet border
Table 2 identifies selected actions associated with the
security requirements along the U.S.-Mexico border. Prior
DHS-requested, DOD border construction work. DHS
and current IIS agreements between CBP and USACE for
requested the assistance pursuant to authority allowing the
border barrier work have been entered into pursuant to the
Secretary of Defense to support other federal agencies—as
Economy in Government Act (31 U.S.C. §1535, referred to
well as tribal, state, local, and foreign governments—with
as the Economy Act). CBP is not required to enter into
counterdrug activities and efforts to counter transnational
these IIS agreements. Under IIS agreements, CBP
organized crime (10 U.S.C. §284). This support can include
reimburses USACE for its work, which consists largely of
the construction of roads, fences, and lighting to block drug
preparing projects for construction (e.g., assisting DHS with
smuggling corridors at U.S. international boundaries. (See
real estate acquisition) and managing construction
CRS Insight IN11052, The Defense Department and 10
contracts. USACE in turn contracts with private sector
U.S.C. 284: Legislative Origins and Funding Questions, by
firms to perform the construction. Table 1 shows the DHS-
Liana W. Rosen.)
funded USACE IIS projects along the southern border using
DHS FY2017 and FY2018 funds. Although similar USACE
In March 2019, DOD accepted three of the 11 DHS-
IIS work on behalf of DHS is anticipated, CRS has not
requested projects and reprogrammed $1 billion for their
received information on IIS agreements beyond those
construction. Unlike previous domestic uses of Section 284
shown in Table 1.
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
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Army Corps of Engineers and U.S. Southern Border Barriers
DHS-requested, DOD-accepted projects. Rather, USACE is
to replace 11 miles of barrier in southwest Arizona. (For
contracting with private firms to perform design and
more on bid protests, see CRS Report R45080, Government
construction.
Contract Bid Protests: Analysis of Legal Processes and
Recent Developments, by David H. Carpenter and Moshe
Table 2. Selected Actions Related to February 2019
Schwartz.)
DHS-Requested DOD Assistance with Border Barrier
Construction Projects
On May 9, 2019, DOD reprogrammed $1.5 billion to
support additional counterdrug activities. The funds are to
Action
be used on DHS-requested border construction projects.
(Date)
Description
Two Federal Register notices and a release by DHS’s
Office of Public Affairs on May 15, 2019, indicate the areas
DHS request
DHS requests DOD assistance with 11
to DOD
barrier projects consisting of more than 210
within which DOD is to execute the additional DHS-
(2/25/2019)
miles of construction (principally replacing
requested border construction projects and that DOD is to
vehicle barrier with pedestrian barrier).
execute the projects in coordination with USACE. These
additional projects are for 78 miles of barrier construction
DOD letter
Acting Secretary of Defense decides to
to DHS
support three of the requested projects for
and for road construction and lighting installation. Figure 1
(3/25/2019)
roughly 57 miles of barrier construction.
illustrates the location of the DHS-requested DOD-
assistance projects, including those that have been reported
DOD re-
DOD reprograms $1 bil ion for counterdrug
as accepted by DOD and those that remain pending.
programming
purposes, pursuant to 10 U.S.C. §284, and
(3/25/2019)
transfers $1 bil ion out of its Drug
The DHS-requested projects are in California, Arizona, and
Interdiction and Counter-Drug Activities
New Mexico. The February 2019 DHS letter indicated that
account into U.S. Army Operations and
DHS is responsible for applicable environmental planning
Maintenance (Army O&M).
and compliance for the assistance projects. The letter
USACE
USACE awards first contracts using Army
indicated that the 11 projects are on federal land, and DHS
contracts
O&M funds for DHS-requested DOD border
will address any real estate requirements.
(4/9/19)
projects.
Homeland Security Waiver
DOD re-
DOD reprograms $1.5 bil ion pursuant to 10
programming
U.S.C. §284 and transfers $1.5 bil ion out of
Section 102 of the Illegal Immigration Reform and
(5/9/2019)
Drug Interdiction and Counter-Drug
Immigrant Responsibility Act of 1996, as amended, confers
Activities account into Army O&M.
the Secretary of Homeland Security with broad authority to
Federal
DHS’s Federal Register notices indicate that
construct barriers and roads along the U.S. border to deter
Register
the Acting Secretary of Defense has decided
illegal crossings and provides the Secretary with authority
notices
to support additional DHS-requested
to waive legal requirements that may impede the
(5/15/2019)
projects (84 FR 21798; 84 FR 21800).
expeditious construction of barriers and roads deployed
Source: CRS using the referenced letters, reprograming documents,
under this authority. The Secretary has made various
Federal Register notices, and DOD press releases.
determinations to use the Section 102 waiver authority to
construct barriers and roads and published notices of these
USACE has announced and in some cases awarded border
determinations in the Federal Register. USACE’s work for
barrier contracts using Army O&M funds shown in Table
CBP shown in Table 1 and the DHS-requested, DOD-
2. Some of the contracts have encountered challenges. For
accepted assistance projects appear to be at locations and
example, a federal court rejected a bid protest regarding a
for work under published determinations. For more
$789 million contract award to replace 46 miles of vehicle
information on the waiver authority and its use, see CRS
barrier with pedestrian barrier in New Mexico. Also, after a
Report R43975, Barriers Along the U.S. Borders: Key
protest, USACE rescinded award of a $187 million contract
Authorities and Requirements, by Michael John Garcia.
Figure 1. Locations of U.S.-Mexico Border Construction Projects for Which DHS-Requested Assistance from
DOD in February 2019, and Status of DOD Assistance

Source: CRS using sources discussed in Table 2.

IF11224
Nicole T. Carter, Specialist in Natural Resources Policy

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Army Corps of Engineers and U.S. Southern Border Barriers

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