    [Weekly Compilation of Presidential Documents Volume 37, Number 37 (Monday, September 17, 2001)]
    [Pages 1311-1312]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13223--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

    September 14, 2001

        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

    [[Page 1312]]

    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.

     [Filed with the Office of the Federal Register, 8:45 a.m., September
    17, 2001]

    Note: This Executive order will be published in the Federal Register on
    September 18.