DATE: November 20, 2001

SUBJECT: Executive Order 13235, National Emergency Construction Authority

SOURCE: Federal Register, November 20, 2001, Vol. 66, No. 224, page 58341

AGENCIES: The President

ACTION: Issuance of Executive Order

SYNOPSIS: On November 16, 2001, President Bush issued Executive Order 13235 to invoke the provisions of Title 10 of the U.S. Code, Section 2808, Construction Authority in the Event of a Declaration of War or National Emergency, to provide additional authority to the Department of Defense (DOD) to respond to terrorist attacks.

EDITOR'S NOTE: President Bush declared a national emergency on September 14, 2001, in response to the attacks on the World Trade Center and the Pentagon.

For more on Executive Order 13232, which authorized the Department of Health and Human Services (HHS) to exercise certain contracting authority in connection with national defense functions, see the October 24, 2001, FEDERAL CONTRACTS DISPATCH "Executive Order 13232, Further Amendment to Executive Order 10789, as Amended, To Authorize the Department of Health and Human Services To Exercise Certain Contracting Authority in Connection With National Defense Functions."

EFFECTIVE DATE: November 16, 2001.

SUPPLEMENTAL INFORMATION: Executive Order 13235 invokes the emergency construction authority of 10 U.S.C. 2808, which states that "in the event of a declaration of war or the declaration by the President of a national emergency...the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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