National Emergency Construction Authority
Signed November 16, 2001·George W. Bush·66 FR 58343
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Invoking the National Emergencies Act and the national emergency declared in Proclamation 7463 following the September 11 terrorist attacks, the order activates the emergency military construction authority found at 10 U.S.C. 2808. This authority is made available to the Secretary of Defense, who may in turn extend it, at his discretion, to the Secretaries of the military departments. The effect is to let the Department of Defense undertake military construction projects under the emergency statute's terms in response to the continuing threat of further terrorist attacks, rather than following normal peacetime construction procedures.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I declared a national emergency that requires the use of the Armed Forces of the United States, by Proclamation 7463 of September 14, 2001, because of the terrorist attacks on the World Trade Center and the Pentagon, and because of the continuing and immediate threat to the national security of the United States of further terrorist attacks. To provide additional authority to the Department of Defense to respond to that threat, and in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby order
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: Notice of September 12, 2002 (67 FR 58317); Notice of September 10, 2003 (68 FR 53665); Notice of September 10, 2004 (69 FR 55313); Notice of September 8, 2005 (70 FR 54229)
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13235 of November 16, 2001
National Emergency Construction Authority
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3,
United States Code, I declared a national emergency
that requires the use of the Armed Forces of the United
States, by Proclamation 7463 of September 14, 2001,
because of the terrorist attacks on the World Trade
Center and the Pentagon, and because of the continuing
and immediate threat to the national security of the
United States of further terrorist attacks. To provide
additional authority to the Department of Defense to
respond to that threat, and in accordance with section
301 of the National Emergencies Act (50 U.S.C. 1631), I
hereby order that the emergency construction authority
at 10 U.S.C. 2808 is invoked and made available in
accordance with its terms to the Secretary of Defense
and, at the discretion of the Secretary of Defense, to
the Secretaries of the military departments.
(Presidential Sig.)B
THE WHITE HOUSE,
November 16, 2001.Reproduced from the Federal Register plain-text record, signed November 16, 2001. Typesetting artifacts are removed; no wording is changed.