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

Executive Order 13223 of September 14, 2001

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

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 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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    September 14, 2001.