MILCON Projects & President Trump’s National Emergency Declaration
Department of DefenseFact Sheet on Section 2808 Funding Pool
On February 15, 2019, President Donald J. Trump declared a national emergency that requires the use of the armed forces and authorized the use of title 10, U.S. Code, section 2808.
To make decisions about the use of military construction funds, the Joint Staff and USNORTHCOM will examine a project list of specific border barrier construction projects provided by the Department of Homeland Security and will conduct a mission analysis on which border barrier projects would support the use of the armed forces. This analysis will help determine the border barrier projects the Department of Defense (DoD) might undertake and the level of funding required.
Decisions have not yet been made concerning which border barrier projects will be funded through section 2808 authority. If the Department’s FY 2020 budget is enacted on time as requested, no military construction project used to source section 2808 projects would be delayed or cancelled.
Identifying Sources of Funds
To identify the potential pool of sources of military construction funds, DoD will apply the following criteria:
•No military construction projects that already have been awarded, and no militaryconstruction projects with FY 2019 award dates will be impacted.
•No military housing, barracks, or dormitory projects will be impacted.
•The pool of potential military construction projects from which funding could be reallocated to support the construction of border barrier are solely projects with award dates after September 30, 2019.
For comprehensiveness, below you will find a complete pool of all projects that were unawarded as of December 31, 2018. Once the above criteria is applied, the pool has a total value that is in excess of the amount needed to source potential section 2808 projects. The appearance of any project within the pool does not mean that the project will, in fact, be used to source section 2808 projects.
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