Tuesday, 18 September 2001
.....
With these words,
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
President Bush declared a national emergency, invoking the the National Emergencies Act, on 14 September, three days after the terrorist attacks on the WTC and Pentagon.
The proclamation specifies some of the statutes of the US Code Bush intends to use. The statutes include the following.
Bush intends to use six sections of Title 10, which concerns the Armed Forces.
| Section | Subject | Text |
|---|---|---|
| 123 | Authority to suspend officer personnel laws during war or national emergency | (a) In time of war, or of national emergency declared by Congress or the President ... the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President. |
| 123a | Suspension of end-strength limitations in time of war or national emergency | If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year. |
| 527 | Authority to suspend sections 523, 525, and 526 |
In time of war, or of national emergency declared by
Congress or the President after November 30, 1980, the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title. So long as such
war or national emergency continues, any such suspension
may be extended by the President. Any such suspension
shall, if not sooner ended, end on the last day of the
two-year period beginning on the date on which the
suspension (or the last extension thereof) takes effect
or on the last day of the one-year period beginning on
the date of the termination of the war or national
emergency, whichever occurs first. With respect to the
end of any such suspension, the preceding sentence
supersedes the provisions of title II of the National
Emergencies Act (50 U.S.C. 1621-1622) which provide that
powers or authorities exercised by reason of a national
emergency shall cease to be exercised after the date of
the termination of the emergency. [Note. Sections 523, 525, and 526 deal, respectively, with "Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain"; "Distribution of commissioned officers on active duty in general officer and flag officer grades"; and "Authorized strength: general and flag officers on active duty".] |
| 2201(c) | Apportionment of funds: authority for exemption; excepted expenses | (c) Members on Active Duty. - Upon a determination by the President 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 3732(a) of the Revised Statutes (41 U.S.C. 11(a)). |
| 12006 | Strength limitations: authority to waive in time of war or national emergency |
(a) In time of war, or of national emergency declared by
Congress or the President, the President may suspend the
operation of any provision of section 12003, 12004, or
12005 of this title. So long as any such war or national
emergency continues, any such suspension may be extended
by the President. (b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621, 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency. [Note. Sections 12003, 12004, and 12005 deal, respectively, with "Authorized strengths: commissioned officers in an active status"; "Strength in grade: reserve general and flag officers in an active status"; and "Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status". |
| 12302 | Ready Reserve |
(a) In time of national emergency declared by the
President after January 1, 1953, or when otherwise
authorized by law, an authority designated by the
Secretary concerned may, without the consent of the
persons concerned, order any unit, and any member not
assigned to a unit organized to serve as a unit, in the
Ready Reserve under the jurisdiction of that Secretary
to active duty (other than for training) for not more
than 24 consecutive months. (b) To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to - (1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow; (2) family responsibilities; and (3) employment necessary to maintain the national health, safety, or interest. The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection. He shall report on those policies and procedures at least once a year to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives. (c) Not more than 1,000,000 members of the Ready Reserve may be on active duty (other than for training), without their consent, under this section at any one time. (d) Whenever one or more units of the Ready Reserve are ordered to active duty, the President shall, on the first day of the second fiscal year quarter immediately following the quarter in which the first unit or units are ordered to active duty and on the first day of each succeeding six-month period thereafter, so long as such unit is retained on active duty, submit a report to the Congress regarding the necessity for such unit or units being ordered to and retained on active duty. The President shall include in each such report a statement of the mission of each such unit ordered to active duty, an evaluation of such unit's performance of that mission, where each such unit is being deployed at the time of the report, and such other information regarding each unit as the President deems appropriate. |
Bush intends to use three sections of Title 14, which concerns the Coast Guard.
| Section | Subject | Text |
|---|---|---|
| 331 | Personnel Officers A. Appointments | In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty. |
| 359 | Personnel Officers A. Appointments | In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty. |
| 367 | Personnel Officers A. Appointments |
Under regulations prescribed by the Secretary, an
enlisted member may be detained in the Coast Guard
beyond the term of his enlistment: (1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or (2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or (3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or (4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive. Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances. |
This is National Emergency Empowers Bush to Prep for War <http://monkeyfist.com/articles/781>