Border Security is National Security Act
The Border Security is National Security Act would authorize $10 billion in funding to the Department of Defense (DoD) to provide military support to the Department of Homeland Security (DHS) for securing the United States borders. The money would be available through September 30, 2028 and could be used for a range of military and security activities, including personnel, surveillance systems (including autonomous surveillance towers), intelligence analysis, barriers and lighting, aviation support (such as airlift of individuals), counter-drone systems, ground vehicles, and training. The bill states it is intended to complement, not replace, existing DHS border security efforts, and it preserves the President’s constitutional authority as Commander-in-Chief. It also allows DoD to transfer funds within the same purposes and requires notification to congressional defense committees if transfers occur. In short, the bill expands DoD involvement in border security by providing a large, time-limited funding stream with specific eligible uses, while maintaining presidential constitutional authority and creating a framework for interagency coordination and congressional notification.
Key Points
- 1Authorization of $10,000,000,000 to the Department of Defense for border security support to DHS, available through September 30, 2028.
- 2Eligible uses of funds include: military personnel costs; procurement, operation, and maintenance of surveillance systems (including autonomous surveillance towers); intelligence analysis; installation of fences/barriers, patrol roads, and lighting; military aviation costs (including transporting individuals in DHS operations); procurement and operation of counter-UAS (counter-unmanned aerial systems) for DHS operations; procurement of ground vehicles (including high mobility multipurpose wheeled vehicles); and training.
- 3Transfers: DoD may transfer appropriated funds for the same purposes (in addition to other DoD transfer authorities). Transferred amounts can be reallocated for the same purposes until 2028. The Secretary of Defense must notify the congressional defense committees in writing within 45 days of any such transfer.
- 4Sense of Congress: Affirms that the President has authority under the Constitution and federal law (including Title 10) to direct the military to secure the borders.
- 5Rule of Construction: The act does not limit the President’s authority as Commander-in-Chief; the executive branch’s constitutional powers are preserved.