[House Document 107-118]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - House Document 107-118
DECLARATION OF NATIONAL EMERGENCY BY REASON OF CERTAIN TERRORIST ATTACKS
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS DECLARATION OF A NATIONAL EMERGENCY BY REASON OF THE TERRORIST
ATTACKS AT THE WORLD TRADE CENTER, NEW YORK, NEW YORK, AND THE
PENTAGON, AND THE CONTINUING AND IMMEDIATE THREAT OF FURTHER ATTACKS ON
THE UNITED STATES AND HIS EXECUTIVE ORDER TO ORDER THE READY RESERVE OF
THE ARMED FORCES TO ACTIVE DUTY AND DELEGATING CERTAIN AUTHORITIES TO
THE SECRETARIES OF DEFENSE AND TRANSPORTATION, PURSUANT TO 50 U.S.C.
1621(a).
September 17, 2001.--Message and accompanying papers referred to the
Committees on International Relations and Armed Services, and ordered
to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
89-011 WASHINGTON : 2001
To the Congress of the United States:
Pursuant to section 201 of the National Emergencies Act (50
U.S.C. 1621), I hereby report that I have exercised my
authority to declare a national emergency by reason of the
terrorist attacks at the World Trade Center, New York, New
York, and the Pentagon, and the continuing and immediate threat
of further attacks on the United States. A copy of my
proclamation is attached.
Further, I have authorized, pursuant to section 12302 of
title 10, United States Code, the Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service within the Department of
the Navy, to order to active duty units and individual members
not assigned to units of the Ready Reserve to perform such
missions the Secretary of Defense may determine necessary. The
deployment of United States forces to conduct operational
missions in connection with the World Trade Center and Pentagon
attacks necessitates this action. A copy of my Executive Order
implementing this action is attached.
George W. Bush.
The White House, September 14, 2001.
Declaration of National Emergency by Reason of Certain Terrorist
Attacks
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By the President of the United States of America
a proclamation
A national emergency exists by reason of the terrorist
attacks at the World Trade Center, New York, New York, and the
Pentagon, and the continuing and immediate threat of further
attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United
States of America, by virtue of the authority vested in me as
President by the Constitution and the laws of the United
States, I hereby declare that the national emergency has
existed since September 11, 2001, and, pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize
the following statutes: sections 123, 123a, 527, 2201(c),
12006, and 12302 of title 10, United States Code, and sections
331, 359, and 367 of title 14, United States Code.
This proclamation immediately shall be published in the
Federal Register or disseminated through the Emergency Federal
Register, and transmitted to the Congress.
This proclamation is not intended to create any right or
benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or
any person.
IN WITNESS WHEREOF, I have hereunto set my hand this
fourteenth day of September, in the year of our Lord two
thousand one, and of the Independence of the United States of
America the two hundred and twenty-sixth.
George W. Bush.
EXECUTIVE ORDER
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Ordering the Ready Reserve of the Armed Forces to Active Duty and
Delegating Certain Authorities to the Secretary of Defense and the
Secretary of Transportation
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the National Emergencies Act (50 U.S.C. 1601 et seq.)
and section 301 of title 3, United States Code, and in
furtherance of the proclamation of September 14, 2001,
Declaration of National Emergency by Reason of Certain
Terrorist Attacks, which declared a national emergency by
reason of the terrorist attacks on the World Trade Center, New
York, New York, and the Pentagon, and the continuing and
immediate threat of further attacks on the United States, I
hereby order as follows:
Section 1. To provide additional authority to the
Department of Defense and the Department of Transportation to
respond to the continuing and immediate threat of further
attacks on the United States, the authority under title 10,
United States Code, to order any unit, and any member of the
Ready Reserve not assigned to a unit organized to serve as a
unit, in the Ready Reserve to active duty for not more than 24
consecutive months, is invoked and made available, according to
its terms, to the Secretary concerned, subject in the case of
the Secretaries of the Army, Navy, and Air Force, to the
direction of the Secretary of Defense. The term ``Secretary
concerned'' is defined in section 101(a)(9) of title 10, United
States Code, to mean the Secretary of the Army with respect to
the Army; the Secretary of the Navy with respect to the Navy,
the Marine Corps, and the Coast Guard when it is operating as a
service in the Navy; the Secretary of the Air Force with
respect to the Air Force; and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a
service in the Navy.
Sec. 2. To allow for the orderly administration of
personnel within the armed forces, the following authorities
vested in the President are hereby invoked to the full extent
provided by the terms thereof: section 527 of title 10, United
States Code, to suspend the operation of sections 523, 525, and
526 of that title, regarding officer and warrant officer
strength and distribution; and sections 123, 123a, and 12006 of
title 10, United States Code, to suspend certain laws relating
to promotion, involuntary retirement, and separation of
commissioned officers; end strength limitations; and Reserve
component officer strength limitations.
Sec. 3. To allow for the orderly administration of
personnel within the armed forces, the authorities vested in
the President by sections 331, 359, and 367 of title 14, United
States Code, relating to the authority to order to active duty
certain officers and enlisted members of the Coast Guard and to
detain enlisted members, are invoked to the full extent
provided by the terms thereof.
Sec. 4. The Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action
by the President, to exercise the authority vested in the
President by sections 123, 123a, 527, and 12006 of title 10,
United States Code, as invoked by sections 2 and 3 of this
order.
Sec. 5. The Secretary of Transportation is hereby
designated and empowered, without the approval, ratification,
or other action by the President, to exercise the authority
vested in sections 331, 359, and 367 of title 14, United States
Code, when the Coast Guard is not serving as part of the Navy,
as invoked by section 2 of this order, to recall any regular
officer or enlisted member on the retired list to active duty
and to detain any enlisted member beyond the term of his or her
enlistment.
Sec. 6. The authority delegated by this order to the
Secretary of Defense and the Secretary of Transportation may be
redelegated and further subdelegated to civilian subordinates
who are appointed to their offices by the President, by and
with the advice and consent of the Senate.
Sec. 7. Based upon my determination under 10 U.S.C. 2201(c)
that it is necessary to increase (subject to limits imposed by
law) the number of members of the armed forces on active duty
beyond the number for which funds are provided in appropriation
Acts for the Department of Defense, the Secretary of Defense
may provide for the cost of such additional members as an
excepted expense under section 11(a) of title 41, United States
Code.
Sec. 8. This order is intended only to improve the internal
management of the executive branch, and is not intended to
create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, its officers, or any person.
Sec. 9. This order is effective immediately and shall be
promptly transmitted to the Congress and published in the
Federal Register.
George W. Bush.
The White House, September 14, 2001.