There were 31 ongoing national emergencies when President Trump declared the national
emergency at our border, bringing the total number currently in effect to 32.
o These ongoing national emergencies are reviewed every year by the President—and
renewed as appropriate.
In fact, President Obama declared a national emergency to deal with the threat of transnational
criminal organizations, including cartels operating on our southern border.
Presidents have regularly issued national emergency declarations to address problems
overseas.
o President Clinton declared a national emergency in response to the blood diamond
trade in Sierra Leone.
o President Obama declared national emergencies related to situations in Somalia, Libya,
Yemen, Ukraine, South Sudan, Burundi, and more.
National emergencies have also been used to address problems domestically, such as when
President Obama declared a national emergency in response to the swine flu.
Between 2001 and 2013, DOD undertook 18 emergency military construction projects using the
same emergency construction authority President Trump has invoked.
FUNDING SOURCES: President Trump is using funds appropriated by Congress, funds
reallocated under statutory authority, and funds available when a national emergency is declared.
Nearly $8.1 billion has been identified as available, including:
o $1.375 billion appropriated by Congress
o $3.1 billion under other statutory authorities
o $3.6 billion in military construction funds available under a national emergency
These funding sources will be used sequentially and as needed, with the $1.375 from
appropriated funds used first, then the $3.1 billion from other statutory authorities, then the
$3.6 billion from military construction.
Only $3.6 billion of the nearly $8.1 billion is dependent on the President’s declaration of a
national emergency.
Under the President’s non-emergency statutory authority, $3.1 billion is available.
o $601 million from the Treasury Forfeiture Fund will be made available to support
border security.
The Secretary of the Treasury is authorized to use funds in the Treasury
Forfeiture Fund not reserved for other purposes to support law enforcement
activities.
The $601 million will be available in two allocations, $242 million available
immediately and $359 million from future anticipated forfeitures.
o Up to $2.5 billion will be made available from DOD funds transferred to its FY 2019
Drug Interdiction and Counter-Drug Activities account.
This construction to support counterdrug activities will be used on land already
owned by the Federal Government.
Based on the President’s national emergency declaration, DOD is authorized to undertake
certain military construction projects using up to $3.6 billion in unobligated military
construction funding.
o DOD will ensure that high-priority projects with national security implications remain
funded. Family housing projects will remain funded.
o The Administration will ask Congress for new military construction funding for the
existing projects affected by this, so that no projects will be canceled—only delayed.