Secretary of Defense Patrick Shanahan
Acting Secretary of Defense Patrick Shanahan speaks at the Pentagon. Shanahan claims the Pentagon's reprogramming of $1 billion to bild Trump's border wall is legal. Martin H. Simon - Pool/Getty Images

Despite Democrat outrage, the Pentagon keeps insisting it does have the power to transfer $1 billion previously programmed for other military construction to build president Donald Trump’s border wall with Mexico without Congressional approval.

Acting U.S. Defense Secretary Patrick Shanahan restated this claim Tuesday, saying he will transfer $1 billion to help fund Trump’s wall. Shanahan claims this money was freed-up after some service branches fell short of their recruiting goals. He also alleges that reprogramming spending won’t interfere with military readiness.

Shanahan claims the Pentagon’s losing the ability to reprogram funds might present problems for Department of Defense (DoD) planners, who have to shift resources around to deal with natural disasters and other emergencies.

He did acknowledge a likely backlash from the Democrat-controlled House of Representatives that controls the federal purse strings.

“There are going to be consequences (to my decision). I understand the position of the committees. I also have a standing legal order from the commander-in-chief,” said Shanahan, who assumed his post on Jan. 1 and remains unconfirmed.

In response to Shanahan’s claim, Rep. Adam Smith (D-WA), chairman of the House Armed Services Committee, said the fund shift will likely compel Congress to strip the Pentagon of the authority to "reprogram" funds appropriated for specific purposes and programs.

Smith also said the committee did not approve the proposed shift in Pentagon expenditure. He said any decision to go ahead with transferring the funds might goad Congress into crafting new restrictions that could impact the Pentagon in the future.

He said that Trump’s proposed $750 billion defense budget won’t pass as it was proposed.

Trump’s budget includes $100 billion in a “slush fund” that will be used to fund ongoing wars, but which the Pentagon intends to use to boost the amount of money it has available to avoid budget caps.

Shanahan testified before Smith’s committee a day after informing Congress the U.S. Army Corps of Engineers will begin spending the $1 billion to support border security operations by the Department of Homeland Security (DHS) and Customs and Border Patrol (CBP).

In February, Trump took the rare step of declaring a national emergency to seize funding for his border wall with Mexico.

Secretary of Defense Patrick Shanahan
Acting Secretary of Defense Patrick Shanahan speaks at the Pentagon. Shanahan claims the Pentagon's reprogramming of $1 billion to bild Trump's border wall is legal. Martin H. Simon - Pool/Getty Images

Democratic senators reacted to this revelation by sending a letter to Shanahan saying that by transferring money without the appropriate congressional committees, the DoD had violated the defense appropriations bill.

"As a result, we have serious concerns that the Department has allowed political interference and pet projects to come ahead of many near-term, critical readiness issues facing our military," wrote the senators.

In an earlier press release, the Pentagon said the $1 billion "will be used to support DHS's request to build 57 miles of 18-foot-high pedestrian fencing, constructing and improving roads, and installing lighting within the Yuma and El Paso Sectors of the border in support of the February 15 national emergency declaration on the southern border of the United States."