Amending Executive Order 13223
Signed October 20, 2017·Donald Trump·82 FR 49273
Source
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Plain-language summary
Amends Executive Order 13223, which had ordered the Ready Reserve of the Armed Forces to active duty following the September 11, 2001 national emergency. Adds language invoking the authorities under sections 688 and 690 of title 10 of the United States Code, making them available to the Secretary concerned, with the Secretaries of the Army, Navy, and Air Force acting subject to the direction of the Secretary of Defense. States the change is meant to give the Secretary of Defense additional authority to manage military personnel requirements during the ongoing national emergency. Clarifies that the order does not alter existing agency legal authority or the budgetary functions of the Office of Management and Budget, must be implemented consistent with applicable law and available funding, and does not create any legally enforceable rights against the United States.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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 in furtherance of the objectives 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 terrorist attacks of September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks on the United States, and in order to provide the Secretary of Defense additional authority to manage personnel requirements in a manner consistent with the authorization provided in Executive Order 13223 of September 14, 2001 (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), it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 13223, September 14, 2001
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13814 of October 20, 2017
Amending Executive Order 13223
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 in furtherance of the
objectives 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 terrorist attacks of September 11,
2001, in New York and Pennsylvania and against the
Pentagon, and the continuing and immediate threat of
further attacks on the United States, and in order to
provide the Secretary of Defense additional authority
to manage personnel requirements in a manner consistent
with the authorization provided in Executive Order
13223 of September 14, 2001 (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), it is hereby ordered as
follows:
Section 1. Amendment to Executive Order 13223. Section
1 of Executive Order 13223 is amended by adding at the
end: “The authorities available for use during a
national emergency under sections 688 and 690 of title
10, United States Code, are also invoked and made
available, according to their 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.”
Sec. 2. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
October 20, 2017.Reproduced from the Federal Register plain-text record, signed October 20, 2017. Typesetting artifacts are removed; no wording is changed.