Ordering the Selected Reserve of the Armed Forces to Active Duty
Signed April 30, 2020·Donald Trump·85 FR 26591
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Directs the Secretary of Defense to order units or individual members of the Selected Reserve to active duty for up to 365 consecutive days, with no more than 200 reservists on active duty at any one time, to support the "Enhanced Department of Defense Counternarcotic Operation in the Western Hemisphere." The order invokes section 12304 of title 10 of the United States Code as its legal basis. It states that it does not alter existing agency authorities or the budgetary and legislative functions of the Office of Management and Budget, must be carried out consistent with applicable law and available appropriations, and does not create any legally enforceable right or benefit for any party against the United States or its officials.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 12304 of title 10, United States Code, and having determined that it is necessary to augment the regular Armed Forces of the United States for a named operational mission, specifically the “Enhanced Department of Defense Counternarcotic Operation in the Western Hemisphere,” I hereby order
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.
The order, in full
Executive Order 13919 of April 30, 2020
Ordering the Selected Reserve of the Armed Forces
to Active Duty
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 12304 of title 10, United
States Code, and having determined that it is necessary
to augment the regular Armed Forces of the United
States for a named operational mission, specifically
the “Enhanced Department of Defense Counternarcotic
Operation in the Western Hemisphere,” I hereby order
as follows:
Section 1. Activation Authority. The Secretary of
Defense is directed to order to active duty for not
more than 365 consecutive days, any units, and any
individual members not assigned to a unit organized to
serve as a unit, of the Selected Reserve under the
jurisdiction of the Secretary of Defense, not to exceed
200 Selected Reservists at any one time, as he
considers necessary.
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
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,
April 30, 2020.Reproduced from the Federal Register plain-text record, signed April 30, 2020. Typesetting artifacts are removed; no wording is changed.