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house Bill H.R. 1293

Should the Use of Army Corps of Engineers and Military Construction Funds to Build the Border Wall Be Prohibited?

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.

Mark's Opinion
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04/19/2019
Our military has more important things to do like protect our country from real threats, not the trump created crisis we now have on the border
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Deborah's Opinion
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04/20/2019
This money is supposed to be used to protect us from a real threat, not a made up one by a tv personality who hijacked the presidency!
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Sandra's Opinion
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04/19/2019
Yep!..... The wall/aka Monument to Trump should NOT be built ...period. But do NOT let The Donald play bait and switch with our monies.....If for no other reason than to let The Donald know that he is NOT all powerful.
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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.

Mark's Opinion
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04/19/2019
Our military’s singular purpose is to protect this nation. We have an invasion on a daily basis along our entire southern border. Use of military construction funds to build barriers is very much in line with protecting our nations sovereignty.
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James's Opinion
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04/19/2019
Absolutely not! Our National Security is being accosted! Now Build That Wall!!! 80 percent want it! Weak Spineless Leftie Punks! You going to find out the hard way in 2020! Trust me on That!!!!🇺🇸
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SneakyPete's Opinion
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04/19/2019
👎🏻 VELA” House Bill H.R. 1293 AKA “RAIDER Act of 2019” 👎🏻 I’m in strong opposition to the Democratic “VELA” House Bill H.R. 1293 AKA “RAIDER Act of 2019 which 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. 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. SneakyPete..... 👎🏻👎🏻HR-1293👎🏻👎🏻. 4*19*19.....
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Readiness
      Committee on Transportation and Infrastructure
      Economic Development, Public Buildings, and Emergency Management
    IntroducedFebruary 14th, 2019

What is House Bill H.R. 1293?

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.

Impact

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

Cost of House Bill H.R. 1293

A CBO cost estimate is unavailable.

More Information

In-DepthRep. 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 NoteWhile 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:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / Sherry Smith)

AKA

RAIDER Act of 2019

Official Title

To prohibit the use of amounts appropriated for military construction or the Army Corps of Engineers for the construction of barriers, land acquisition, or any other associated activities on the southern border without specific statutory authorization from Congress.

    Our military has more important things to do like protect our country from real threats, not the trump created crisis we now have on the border
    Like (162)
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    Our military’s singular purpose is to protect this nation. We have an invasion on a daily basis along our entire southern border. Use of military construction funds to build barriers is very much in line with protecting our nations sovereignty.
    Like (131)
    Follow
    Share
    This money is supposed to be used to protect us from a real threat, not a made up one by a tv personality who hijacked the presidency!
    Like (98)
    Follow
    Share
    Absolutely not! Our National Security is being accosted! Now Build That Wall!!! 80 percent want it! Weak Spineless Leftie Punks! You going to find out the hard way in 2020! Trust me on That!!!!🇺🇸
    Like (63)
    Follow
    Share
    Yep!..... The wall/aka Monument to Trump should NOT be built ...period. But do NOT let The Donald play bait and switch with our monies.....If for no other reason than to let The Donald know that he is NOT all powerful.
    Like (62)
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    CONGRESS ALONE IS RESPONSIBLE FOR APPROPRIATION. The Constitution places the power of the purse in Congress: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . .” In specifying the activities on which public funds may be spent, Congress defines the contours of federal fiscal power. This requirement of legislative appropriation before public funds are spent is at the foundation of our constitutional order. The Appropriations Clause is not a grant of legislative power, because pursuant to the Necessary and Proper Clause (Article I, Section 8, Clause 1), Congress clearly has the power to specify the objects, amounts, and timing of federal spending—even if there were no Appropriations Clause. If Congress could not limit the Executive’s withdrawing of funds from the Treasury, then the constitutional grants of power to Congress to raise taxes (Article I, Section 8, Clause 1) and to borrow money (Article 1, Section 9, Clause 2) would be for naught because the Executive could effectively compel taxing and borrowing by spending at will. Rather, the Appropriations Clause creates a legislative duty that Congress exercise control and assume responsibility over the federal fisc. Congress’s “power of the purse” is at the foundation of our Constitution’s separation of powers, a constitutionally mandated check on Executive power. Sue away. Congress didn’t appropriate the funds, this power and money grab is UNCONSTITUTIONAL AND ILLEGAL! The Appropriations Clause categorically enjoins the President and federal agencies to spend funds ONLY as appropriated by Congress. Even where the President believes that federal spending is urgently needed, spending in the absence of appropriations is constitutionally prohibited.
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    Face facts, trumpers, there is no national emergency. There is no threat to national security. There is not going to be a wall. (69% polled do not want a wall. http://fortune.com/2018/12/12/trump-border-wall-poll/.) Furthermore, it won't be long before there is no longer a trump presidency, in addition. So, let the bloody wall go, folks. Move on. \o/
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    👎🏻 VELA” House Bill H.R. 1293 AKA “RAIDER Act of 2019” 👎🏻 I’m in strong opposition to the Democratic “VELA” House Bill H.R. 1293 AKA “RAIDER Act of 2019 which 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. 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. SneakyPete..... 👎🏻👎🏻HR-1293👎🏻👎🏻. 4*19*19.....
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    Use whatever funds it takes to protect our border.
    Like (38)
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    Those funds have already been appropriated by Congress, the President has the authority to move monies around. His decisions are entirely legal with the national emergency declaration. #MAGA #BuildTheWall
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    So next time the levies go down, a dam cracks, a bridge collapses, a Cat 5 destroys a city, major waterways are impeded or the military needs housing that’s not substandard, what do we tell them? Go check out that useless wall down south? Don’t look to FEMA, he already took their money! Reading these responses both yea and nay, I believe many of you need to reread the question. Also, for those of you saying just take it from where ever, that’s exactly how Social Security got raided.
    Like (36)
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    No wall, not now, not ever for #45’s fake emergency!!!
    Like (32)
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    National security, build the wall!
    Like (28)
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    NO WALL!! Absolutely no to deals syphoning money from other departments that received those funds by votes received in Congress. There is a checks and balancing of powers for reason. They did so to stop a lying, cheating, egotistical, narcissistic, obstructionist Bozo from naming himself a dictator. Congress must step up to end this circumventing maniac from ignoring our laws and Constitution.
    Like (27)
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    Military is for protection of our boarders. Why wouldn’t we transfer funds ? Did I read that incorrectly 🤭
    Like (26)
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    The Wall is a ridiculous foolish waste of time and money. No way should any military be involved.
    Like (26)
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    It’s what they do. Build the wall.
    Like (25)
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    While Trump’s cronies are contemplating this idea, I sure hope they include the use of military funds to repair all the outdated bridges, upgrade our electrical grid, and enhance our existing sea ports. This wall idea is a waste of our time, resources and brain cells.
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    So what I’m reading here is that this recommendation to refuse funds is because you’re unhappy that the President may be usurping your responsibilities and because you don’t want the border wall because he wants it? THIS is the reason you won’t protect your citizens and our country’s sovereignty? What on earth was I thinking? I actually believed all you people worked together with the President for the betterment of this country as a whole; that nothing as trite as who is specifically responsible for each little step in the process would get in the way of support and progress. Boy - I must be totally ignorant to believe such a thing could work! Suggestion: Maybe you folks in office should wordsmith your recommendations before you put them out to the public for comment. Read your main statement again and see if you don’t draw the same conclusion that I have.
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    Build the damn wall!
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