Executive Order 13235: National Emergency Construction Authority
President: George W. Bush
Invoked 10 U.S.C. § 2808 so the Defense Secretary could undertake otherwise unauthorized military construction necessary to support armed-forces use during the post-September 11 national emergency.
Status: In effect.
Is Executive Order 13235 still in effect? Yes. Active while the September 2001 emergency remains in force; statute later narrowed.
What does Executive Order 13235 do?
The order assigned these duties: Defense Secretary — Undertake qualifying emergency military-construction projects; Military-department Secretaries — Use delegated authority.
Verified the order invokes 10 U.S.C. § 2808 for the Proclamation 7463 emergency, not a general construction power. Added the official September 8, 2026 continuation, which extends that emergency one year beyond September 14, 2026; current statutory limits remain stated.
Before and after
Before the order
Section 2808 existed, but presidential invocation was required before Defense could use it for the September 2001 emergency.
After the order
Congress later narrowed 10 U.S.C. § 2808 with project, location, cost, duration and reporting limits. The underlying Proclamation 7463 emergency was continued on September 8, 2026 for one year beyond September 14, 2026; the order’s use of that authority remains subject to the current statute.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Defense Secretary | Undertake qualifying emergency military-construction projects | While the emergency and statutory conditions remain satisfied |
| Military-department Secretaries | Use delegated authority | At the Defense Secretary’s discretion |
| Defense Department | Notify congressional committees and comply with current limits | Before obligating funds under current law |
What happened next
EO 13235 signed.
EO 13235 invoked § 2808 for the Proclamation 7463 emergency.
Congress narrowed eligible projects and added reporting and funding limits.
The President continued the emergency through September 14, 2026.
The President continued the Proclamation 7463 emergency for one year beyond September 14, 2026.
Legal and source detail
How it works legally
Section 2808 now limits domestic projects to temporary needs directly responsive to the emergency and requires congressional notice. The order does not waive current statutory limits, and project-specific action remains reviewable.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — authenticated 2024 section (opens in a new tab) Official record
How we checked this
Last checked against the sources above on October 2, 2026. How we research →