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1 1 (January 11, 2019)

handle is hein.crs/govygs0001 and id is 1 raw text is: Congressional SResearch Service Military Construction Funding in the Event of a National Emergency Updated January 11, 2019 The President's reported consideration of whether to invoke various statutory authorities (including some triggered by a declaration of a national emergency) to direct the Department of Defense (DOD) to construct a physical barrier along the U.S.-Mexico border has raised questions about potentially available appropriated funds. This Insight identifies previous military construction projects funded through emergency authorities and unobligated military construction funding balances. Title 10 U.S.C. Section 2808 is entitled Construction authority in the event of a declaration of war or national emergency and depends upon a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act [NEA] (50 U.S.C. 1601 et seq.) that requires use of the armed forces. A declaration by the President under the NEA must detail the statute under which action will proceed. For discussion of the authorities the President may utilize after declaring a national emergency in accordance with the NEA, see CRS Legal Sidebar LSB 10242, Can the Department ofDefense Build the Border Wall?, by Jennifer K. Elsea, Edward C. Liu, and Jay B. Sykes. Previous Instances Presidents have invoked the NEA twice citing the emergency military construction authority set forth in 10 U.S.C. 2808. During Operation Desert Shield, President George H.W. Bush issued EO 12734 of November 14, 1990. In the aftermath of the September 11, 2001, terrorist attacks President George W. Bush issued Executive Order 13235 of November 16, 2001. In the latter, the president was required and able to renew the authority. Previous Military Construction Projects According to DOD information, from 2001 through 2014, the department funded a total of 18 projects under 10 U.S.C. 2808, after the President invoked the NEA, with a combined value of $1.4 billion. With the exception of one project dating from December 2001 related to security measures for weapons of mass destruction at sites in the continental United States, most of the projects took place at overseas locations (see Table 1). Congressional Research Service https://crsreports.congress.gov IN11017 CRS INSIGHT Prepared for Members and Committees of Congress

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