U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – House Document 107–118

DECLARATION OF NATIONAL EMERGENCY BY

REASON OF CERTAIN TERRORIST ATTACKS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS DECLARATION OF A NATIONAL EMERGENCY BY REASON OF

THE TERRORIST ATTACKS AT 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 HIS EXECUTIVE ORDER TO ORDER THE

READY RESERVE OF THE ARMED FORCES TO ACTIVE DUTY AND

DELEGATING CERTAIN AUTHORITIES TO THE SECRETARIES OF

DEFENSE AND TRANSPORTATION, PURSUANT TO 50 U.S.C.

1621(a).

SEPTEMBER 17, 2001.—Message and accompanying papers referred to the

Committees on International Relations and Armed Services, and ordered

to be printed

(1)

To the Congress of the United States:

Pursuant to section 201 of the National Emergencies Act (50

U.S.C. 1621), I hereby report that I have exercised my authority to

declare a national emergency by reason of the terrorist attacks at

the World Trade Center, New York, New York, and the Pentagon,

and the continuing and immediate threat of further attacks on the

United States. A copy of my proclamation is attached.

Further, I have authorized, pursuant to section 12302 of title 10,

United States Code, the Secretary of Defense, and the Secretary of

Transportation with respect to the Coast Guard when it is not operating as a service within the Department of the Navy, to order

to active duty units and individual members not assigned to units

of the Ready Reserve to perform such missions the Secretary of Defense may determine necessary. The deployment of United States

forces to conduct operational missions in connection with the World

Trade Center and Pentagon attacks necessitates this action. A copy

of my Executive Order implementing this action is attached.

GEORGE W. BUSH.

THE WHITE HOUSE, September 14, 2001.

(3)

DECLARATION OF NATIONAL EMERGENCY BY REASON OF CERTAIN

TERRORIST ATTACKS

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

A national emergency exists by reason of the terrorist attacks at

the World Trade Center, New York, New York, and the Pentagon,

and the continuing and immediate threat of further attacks on the

United States.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the

United States of America, by virtue of the authority vested in me

as President by the Constitution and the laws of the United States,

I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act

(50 U.S.C. 1601 et seq.), I intend to utilize the following statutes:

sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10,

United States Code, and sections 331, 359, and 367 of title 14,

United States Code.

This proclamation immediately shall be published in the Federal

Register or disseminated through the Emergency Federal Register,

and transmitted to the Congress.

This proclamation 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.

IN WITNESS WHEREOF, I have hereunto set my hand this

fourteenth day of September, in the year of our Lord two thousand

one, and of the Independence of the United States of America the

two hundred and twenty-sixth.

GEORGE W. BUSH.

(5)

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

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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.

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