September 14, 2001
2:15 P.M. EDT
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.