News

16 September 2002
Continuation of the National Emergency with Respect to Certain Terrorist Attacks




*** Original message by "Brophy, Mack" 
Fwded FYI.
73 de Mack N9NTB

-----Original Message-----
From: Gleason, Edward 
Sent: Friday, September 13, 2002 1:15 PM
To: *DMA-WEM CO EM DIR; *DMA-WEM CO Sheriffs
Cc: *DMA-WEM Management; *DMA-WEM Central; Ave Bie (E-mail); Bonnie
Subject: FW: Proclamation 7463

-----Original Message-----
From: Trina Hembree [mailto:thembree@csg.org]
Sent: Friday, September 13, 2002 12:58 PM
To: Adam Sutkus (E-mail); Al Berndt (E-mail); Albert Ashwood (E-mail);
Cc: nema; Lacy Suiter (E-mail)
Subject: FW: Proclamation 7463


FYI.  President Bush has extended the national declaration of an emergency
for another year. The proclamation as published in the Federal Register
today is attached.

Trina R. Hembree
Executive Director
National Emergency Management Association
PO Box 11910
Lexington, KY 40578
Ph.  (859) 244-8233
Fax (859) 244-8239
E-mail thembree@csg.org
www.nemaweb.org

58317
____________________________________________________________________________

Federal Register        Presidential Documents
Vol. 67, No. 178
Friday, September 13, 2002

____________________________________________________________________________


Title 3-        Notice of September 12, 2002

The President   Continuation of the National Emergency with Respect to
Certain Terrorist Attacks

In accordance with section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing for 1 year the national emergency I declared on
September 14, 2001, in Proclamation 7463, with respect to 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.

By Executive Order 13223 of September 14, 2001, and Executive Order 13253 of
January 16, 2002, I delegated authority to the Secretary of Defense and the
Secreta
active duty and to waive certain statutory military personnel requirements.
By Executive Order 13235 of November 16, 2001, I delegated authority to the
Secretary of Defense to exercise certain emergency construction authority.

Because the terrorist threat continues, the national emergency declared on
September 14, 2001, and the measures taken on September 14, 2001, November
16, 2001, and January 16, 2002, to deal with that emergency, must continue
in effect beyond September 14, 2002. Therefore, I am continuing in effect
for 1 year the national emergency I declared on September 14, 2001, with
respect to the terrorist threat.

This notice shall be published in the Federal Register and transmitted to
the Congress.



THE WHITE HOUSE,
[FR Doc. 0223581        September 12, 2002.
Filed 9-12-02; 11:59 am]
Billing code 3195-01-P
 
Proclamation 7463
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 
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 



                                 # # # 
 
Executive Order 13223 
President Orders Ready Reserves of Armed Forces to Active Duty 
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; th
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
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. 



                                 # # # 
 
Executive Order 13253
Amendment to Executive Order 13223 
Executive Order 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 terror
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." 

GEORGE W. BUSH
THE WHITE HOUSE,
January 16, 2002. 



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