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
Signed January 16, 2002·George W. Bush·67 FR 2791
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Amends Executive Order 13223, which had ordered the Ready Reserve of the armed forces to active duty following the September 2001 terrorist attacks. Adds authority for the Secretary of Transportation, regarding the Coast Guard, to exercise powers previously granted only to the Secretary of Defense, including authority under sections of Title 10 and Title 14 of the United States Code covering matters such as detailing members to assist foreign governments, suspending rules on officer selection, promotion, or involuntary separation, and administering reserve forces. Also revises the section addressing funding, allowing the Secretary of Defense and the Secretary of Transportation to treat the cost of additional active-duty members under their jurisdictions as an excepted expense under federal law, based on a presidential determination that increasing active-duty numbers beyond appropriated levels is necessary.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 13223, September 14, 2001; See: Notice of September 12, 2002 (67 FR 58317); Notice of September 10, 2003 (68 FR 53665); Notice of September 10, 2004 (69 FR 55313); Notice of September 8, 2005 (70 FR 54229)
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13253 of January 16, 2002
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
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 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.”
(Presidential Sig.)B
THE WHITE HOUSE,
January 16, 2002.Reproduced from the Federal Register plain-text record, signed January 16, 2002. Typesetting artifacts are removed; no wording is changed.