[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

                              ----------                              


            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

                              ----------                              


   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.

                                  
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