[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.