Should the Use of Army Corps of Engineers and Military Construction Funds to Build the Border Wall Be Prohibited? (H.R. 1293)

What is H.R. 1293?

(Updated February 25, 2022)

This bill — the RAIDER Act of 2019 — would bar the transfer of any funds from the U.S. Army Corps of Engineers (USACE) or Military Construction (MilCon) accounts to fund construction, land acquisition, or other activities related to President Trump’s border wall, even in the case of an emergency declaration. Congressional approval would be needed to override this prohibition.

This bill doesn’t amend or otherwise the underlying authority of the National Emergencies Act or the president.

This bill’s full title is the Restrictions Against Illegitimate Declarations for Emergency Re-appropriations (RAIDER) Act of 2019.

Argument in favor

President Trump’s national emergency declaration is a blatant attempt to circumvent Congress’s appropriations authority to get money for his southern border wall. By blocking the diversion of money from the Army Corps of Engineers and Military Construction, this bill would eliminate a major source of potential funds for the border wall.

Argument opposed

Congress granted the president broad authority to declare emergencies and to make appropriate spending decisions to address those emergencies. Reallocating funds within the federal budget — such as taking Army Corps of Engineers money to fund the border wall’s construction — would be within that authority.

Impact

U.S. Army Corps of Engineers; Military Construction accounts; southern border wall; national emergencies; and the president.

Cost of H.R. 1293

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Filemon Vela (D-TX) introduced this bill to prohibit the transfer of funds from the U.S. Army Corps of Engineers (USACE), Military Construction (MilCon), and other accounts to construct border barriers, even under an emergency declaration per the National Emergencies Act of 1976:

“The President’s national emergency declaration is a ploy to bypass Congress and the Constitution to fund his border wall.  The Constitution is clear: ‘No money shall be drawn from the Treasury, but in consequence of appropriations made by law. By President Trump’s own admission, his actions were not based on an actual national security emergency. President Trump’s actions threaten not only the Constitutionally-mandated balance of power, the very basis of our democracy, but he actually risks our national security.  Taking billions in funds designated for military construction projects and flood-control and infrastructure projects at waterways and ports will harm the military’s mission and put communities at risk. Draining the accounts that fund Resaca restoration, improvements at the Port of Brownsville, and training facilities at Naval Air Station Kingsville, the Corpus Christi Army Depot and Naval Air Station Corpus Christi will have a direct impact on South Texas military installations and communities.  The ripple effect of this action will resonate throughout every congressional district in the Country."

Sen. Tom Udall (D-NM), who is the sponsor of the Senate version of this bill, says this bill is needed to prevent Trump from building a wall that Americans don’t support:

“After the Trump shutdown, it’s clear that President Trump will stop at nothing to try to build a wasteful, ineffective, and offensive wall that New Mexicans and the American people reject. While declaring a national emergency to raid funds to build the wall would almost certainly be challenged in court, Congress should not wait for the courts to act. We must stand up and assert our role as a co-equal branch of government, and we must prevent the president from going around Congress to raid critical funds – funds we have appropriated for disaster recovery, flood protection, and military base construction projects – for a politically-motivated, unjustified national emergency declaration that isn’t based in reality.”

There are five Democratic cosponsors of this bill. This bill is the House companion to S. 325, introduced by Sen. Tom Udall (D-NM) with the support of 15 Democratic cosponsors.

Of Note: While the Trump administration hasn’t released precise figures, some estimates indicate there could be as much as $35 billion in congressional appropriated, but as-yet unobligated, funding for DOD military construction projects and Army Corps disaster funds at risk from an emergency declaration.

Democrats have widely criticized the idea of using a national emergency declaration to access money for Trump’s wall. They argue that such a move would be legally questionable and unjustified, as they claim there’s no national emergency at the border.

Presidents have broad authority to declare emergencies. However, they typically do so in wartime — not to access resources for domestic priorities, as would be the case if Trump were to use a national emergency declaration to take money from other parts of the federal government for his border wall.

Media:

• Sponsoring Rep. Filemon Vela (D-TX) Press Release
  
• Senate Sponsor Sen. Tom Udall (D-NM) Press Release
  
• Senate Sponsor Sen. Tom Udall One-Pager
  
• Vox
  
• The Daily Beast