Executive Order: Ordering the Ready Reserve of Armed Forces
U.S. Newswire
14 Sep 15:01

Executive Order: Ordering the Ready Reserve Of The Armed Forces
To Active Duty
To: National Desk
Contact: White House Press Office, 202-456-2580

WASHINGTON, Sept. 14 /U.S. Newswire/ -- The following is the
text of an Executive Order from President Bush on the Armed
Forces:

EXECUTIVE ORDER
- - - - - - -

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.
 

GEORGE W. BUSH

THE WHITE HOUSE,
September 14, 2001.