Authority To Order the Ready Reserve of the Armed Forces to Active Duty To Address International Drug Trafficking
Signed April 27, 2023·Joseph R. Biden Jr.·88 FR 26471
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
Invokes section 12302 of title 10 of the United States Code to give the Secretary of Defense and the Secretary of Homeland Security additional authority to order units and individual members of the Ready Reserve of the Armed Forces to active duty. This is done to support the national emergency declared in Executive Order 14059 concerning international drug trafficking. Under the order, the Secretaries of the Army, Navy, and Air Force, acting on direction from the Secretary of Defense, and the Secretary of Homeland Security for the Coast Guard when it is not operating as part of the Navy, may call up Ready Reserve units or members they consider necessary. The order states it does not alter existing agency authorities or Office of Management and Budget functions, must be carried out consistent with applicable law and available funding, and does not create any enforceable legal rights.
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 the National Emergencies Act (50 U.S.C. 1601 et seq.), and in furtherance of Executive Order 14059 of December 15, 2021 (Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade), which declared a national emergency to address the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by international drug trafficking, 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
See: EO 14059, December 15, 2021
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 14097 of April 27, 2023
Authority To Order the Ready Reserve of the Armed
Forces to Active Duty To Address International Drug
Trafficking
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 Executive
Order 14059 of December 15, 2021 (Imposing Sanctions on
Foreign Persons Involved in the Global Illicit Drug
Trade), which declared a national emergency to address
the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States posed by international drug trafficking, it is
hereby ordered as follows:
Section 1. Emergency Authority. To provide additional
authority to the Secretary of Defense and the Secretary
of Homeland Security to respond to the national
emergency declared in Executive Order 14059, the
authority under section 12302 of title 10, United
States Code, is invoked and made available, according
to its terms, to the Secretary of Defense and the
Secretary of Homeland Security. The Secretaries of the
Army, Navy, and Air Force, at the direction of the
Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, are authorized to
order to active duty such units and individual members
of the Ready Reserve under the jurisdiction of the
Secretary concerned as the Secretary concerned
considers necessary, consistent with the terms of
section 12302 of title 10, United States Code.
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,
April 27, 2023.Reproduced from the Federal Register plain-text record, signed April 27, 2023. Typesetting artifacts are removed; no wording is changed.