[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.