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1 1 (May 22, 2019)

handle is hein.crs/govzvf0001 and id is 1 raw text is: I Congressional Research Service ~Info rming te Iceislative debate s nce 1914 S 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 $8 billion in border infrastructure projects (e.g., see Solicitation No. W9126G-19-R-BI20). This In Focus describes the IIS work USACE is performing for DHS for border security and the work USACE is performing for DOD as part of its counterdrug activities. USACE Border Work for DHS CBP is the primary DHS entity tasked with identifying priorities for barrier and road improvements to meet border security requirements along the U.S.-Mexico border. Prior and current IIS agreements between CBP and USACE for border barrier work have been entered into pursuant to the Economy in Government Act (31 U.S.C. § 1535, referred to as the Economy Act). CBP is not required to enter into these IIS agreements. Under IIS agreements, CBP reimburses USACE for its work, which consists largely of preparing projects for construction (e.g., assisting DHS with real estate acquisition) and managing construction contracts. USACE in turn contracts with private sector firms to perform the construction. Table 1 shows the DHS- funded USACE IIS projects along the southern border using DHS FY2017 and FY2018 funds. Although similar USACE IIS work on behalf of DHS is anticipated, CRS has not received information on IIS agreements beyond those shown in Table 1. CBP is preparing for construction in CBP's Rio Grande Valley sector of Texas. Border barrier construction in Texas is complicated not only by land ownership issues along the border but also by concerns about potential flooding and other effects on U.S. and Mexican communities and sensitive ecosystems. To address some of these challenges, barriers in some locations may be situated atop levees or at the edge of the 100-year floodplain. Table I. USACE Border Barrier and Road Work Using FY2017 and FY2018 DHS Funding ($, in millions; mi = miles) Location Cost Description FY2017 San Diego, CA $147 14 mi barrier replacement Calexico, CA $20 2 mi barrier replacement Santa Teresa, NM $75 20 mi barrier replacement EL Paso, TX $22 4 mi barrier replacement Rio Grande Valley, TX $49 Barrier gates Roads in Texas and in $76 23 mi CBP's El Paso sector FY2018 San Diego, CA $251 14 mi barrier replacement California $135 15 mi barrier replacement Arizona $293 32 mi barrier replacement Rio Grande Valley, TX $617 13 mi levee barrier, 12 mi barrier 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 IN 11052, 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 htops:!crsreports~cong --ssqg

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