National Emergency Construction Authority

This executive order invokes emergency military construction authority under 10 U.S.C. 2808 to respond to the September 11, 2001 terrorist attacks. It allows the Secretary of Defense to undertake emergency construction projects without normal congressional appropriations processes, with delegation possible to military department secretaries.

Federal Register Open PDF 66 FR 58343

Key directives

Invoke 10 U.S.C. 2808 emergency construction authority
Make authority available to Secretary of Defense
Permit Secretary of Defense discretion to delegate to Secretaries of military departments

Who is ordered

Timeline

Immediate

Emergency construction authority invoked and made available to Secretary of Defense

Near term (90d)

Potential emergency construction projects initiated under delegated authority

Long term

Ongoing military infrastructure changes supporting post-9/11 national security posture

Risks & tensions

Bypasses normal congressional appropriations process for military construction, raising separation of powers tension
Scope of 'emergency construction' undefined in EO text—vague boundaries on project types and costs
Discretionary delegation to military departments could diffuse accountability
Builds on prior emergency declaration (Proclamation 7463), making this an expansion of already-exceptional executive authority