[Federal Register Volume 66, Number 181 (Tuesday, September 18, 2001)]
[Presidential Documents]
[Pages 48201-48202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23359]


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  Federal Register / Vol. 66, No. 181 / Tuesday, September 18, 2001 / 
Presidential Documents  

[[Page 48201]]


                Executive Order 13223 of September 14, 2001

                
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.

[[Page 48202]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    September 14, 2001.

[FR Doc. 01-23359
Filed 9-17-01; 8:45 am]
Billing code 3195-01-P