    [Weekly Compilation of Presidential Documents Volume 38, Number 3 (Monday, January 21, 2002)]
    [Pages 82-83]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13253--Amendment to 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

    January 16, 2002

        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 Proclamation 7463 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, and in order to provide the Secretary of
    Transportation, with respect to the Coast Guard, with the authority to
    manage personnel requirements in a manner consistent with the
    authorization provided to the Secretary of Defense in Executive Order
    13223 of September 14, 2001, it is hereby ordered as follows:
        Section 1. Section 5 of Executive Order 13223 is amended by adding
    at the end: ``The Secretary of Transportation is further designated and
    empowered, without the approval, ratification or any other action by the
    President, to exercise the authority vested in the President by sections
    123 and 123a of title 10, United States Code, and sections 149 (detail
    members to assist foreign governments), 275(a) (suspension of provisions
    on

    [[Page 83]]

    selection, promotion, or involuntary separation of officers), and 722
    (administration of reserve forces) of title 14, United States Code, as
    invoked by section 2 of Executive Order 13223.''
        Sec. 2. Section 7 of Executive Order 13223 is deleted and revised to
    read as follows: ``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 for the Department
    of Defense beyond the number for which funds are provided in the
    appropriation Act for the Department of Defense, which, by virtue of 14
    U.S.C. 652, applies to the Department of Transportation with respect to
    the Coast Guard, the Secretary of Defense and the Secretary of
    Transportation may provide for the cost of such additional members under
    their respective jurisdictions as an excepted expense under section
    11(a) of title 41, United States Code.''
                                                    George W. Bush
     The White House,
     January 16, 2002.

     [Filed with the Office of the Federal Register, 10:43 a.m., January 17,
    2002]

    Note: This Executive order was released by the Office of the Press
    Secretary on January 17, and it was published in the Federal Register on
    January 18.