[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.