DOD Transfer and Reprogramming Authorities: Background, Status, and Issues for Congress

In provisions of the U.S. Code and on an annual basis through authorization and appropriations acts, Congress provides the Department of Defense (DOD) limited authority to obligate funds for purposes other than originally approved. These authorities allow the department to transfer or reprogram funds. A transfer involves shifting funds from one appropriation account to another, while a reprogramming involves shifting funds within the same account. DOD uses the term reprogramming action to describe both types of transactions. DOD transfer and reprogramming authorities have emerged as central in a debate over the departments use of the authorities to transfer, without congressional prior approval, fiscal year (FY) 2019 and FY2020 defense funds to construct barriers along the U.S.-Mexico border. The debate has involved questions over constitutional separation of powers, statutory design and interpretation, and congressional procedure, as well as political disagreements over spending and border security. Critics say the use of such authorities for such activities denies Congress its constitutional prerogatives. They point to Article I of the Constitution, which states, No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. In addition, critics say the executive branchs decision to transfer certain DOD funds in FY2019 and FY2020 without congressional prior approval was a divergence from long-standing practice and understandings between the executive and legislative branches, and may have represented a violation of DOD regulation, if not law. Proponents have defended the Presidents actions to address unlawful migration through the U.S.-Mexico border.