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              Congressional
            *.Research Service






The Defense Department and 10 U.S.C. 284:

Legislative Origins and Funding Questions



February 20, 2019

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.

                                                                Congressional Research Service
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