State of California et al v. Trump et al

Filing 236

MOTION for Partial Summary Judgment Regarding Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Warden, Andrew) (Filed on 10/25/2019)

EXHIBIT 5

•

S

DEPUTY SECRETARY OF DEFENSE
1010 DEFENSE PENTAGON
WASHINGTON, DC 20301-1010

4

DEC

2001

MEMORANDUM FOR SECRETARY OF THE ARMY
SUBJECT: Emergency Construction Authority to Reduce the Risk from Terrorist
Attacks on Weapons of Mass Destruction Stockpiles at Various Installations

Pursuant to the National Emergencies Act, 50 U.S.C. 1601 et seq., the President
has signed an Executive Order, dated November 16, 2001, invoking the emergency
construction authority of 10 U.S.C. 2808 to approve military construction projects not
otherwise authorized by law.
In accordance with that authority, I approve the Department of the Army's request
for authority to carry out certain emergency construction projects at various installations.

The use of the Atmy Materiel Command to accomplish the subject emergency
bonstruction, pursuant to 10 U.S.C. 2851, "Supervision of military construction projects,"
is approved.
•

U18884 /01

0I
2 0

0!

TITLE

Security Measures for WMD
6.CATEGORY CODE

7.?RO3ECT NUMBER

872

57747

8.PRO.JECT COST ($000)
Auth
35,000
Approp

9.COST ESTIMATES

U/N

ITEM

Ars, AR
CD, IN
AD, KY
PG. MD
AD, OR

LS
LS
LS
LS
LS

QUANTITY

------

30,500

------

(4,000)
(9,400)
(1,400)
(1O,OCO)
(5,700)

.

30,500

.

1,525

32,025
1,825

S

&

OVER}tEAD

COST

1,150

35,000
35,000
APPROPRIATIONS

(0)

at

Construct securj ty measures
Pin e Bluff Arsenal,
Newport Chemical Depot, Indiana; Bluegrass Army Depot, Kentucky;
Aberdeen Proving Ground, Maryland; and Umatilla Army Depot, Oregon. These
security measures will safeguard existing stockpiles of weapons of mass
destruction (WMD), and will include such items as security fencing, gates,
protective barriers, guard buildings, access roads, exterior 1 ighting, storage
igloos, and intrusion detection systems (installation only).
of

Arkansas;

ADQT:
1 BA
NONE
SUBSTD:
NONE
Construct emergency security measures for weapons of mass
destruction at various US locations pursuant to 10 USC 2808.
REQUIREMENT:
US WMD stockpile locations need a higher level of security to
prevent attack and incursion.
CURRENT SITUATION:
A recent security assessment has validated an immediate
need for increased security measures at Army installations in the US with
REQ:
PROJECT:
11.

stockpiles.

IMPACT IF NOT PROVIDED:
I
destruction stockpiles will
incursion.
DD

FORM
1 DEC

1391

f

this project is not provided, weapons of
remain at
increased risk of attack and

VIOUS EDITIONS
BE USED INTERNALLY
UNTIL EXNAUSTED

PtGE NO.

/&&/