Presidential Executive Order Amending Executive Order 13223 |

For Immediate Release

Presidential Executive Order Amending Executive Order 13223


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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:

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.



October 20, 2017.

688 and 690 of title 10, United States Code


Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time.

(b)Covered Members.—Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces:


A retired member of the Regular Army, Regular Navy, Regular Air Force, or RegularMarine Corps.


A member of the Retired Reserve who was retired under section 12933911391463238911, or 8914 of this title.


A member of the Fleet Reserve or Fleet Marine Corps Reserve.

(c)Duties of Member Ordered to Active Duty.—

The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense.

(d)Exclusion of Officers Retired on Selective Early Retirement Basis.—The following officers may not be ordered to active duty under this section:


An officer who retired under section 638 of this title.

(2)An officer who—


after having been notified that the officer was to be considered for early retirement under section 638 of this title by a board convened under section 611(b) of this title and before being considered by that board, requested retirement under section 39116323, or 8911 of this title; and


was retired pursuant to that request.

(e)Limitation of Period of Recall Service.—


A member ordered to active duty under subsection (a) may not serve on active duty pursuant to orders under that subsection for more than 12 months within the 24 months following the first day of the active duty to which ordered under that subsection.

(2)Paragraph (1) does not apply to the following officers:


A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered.


A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of active duty to which ordered.


An officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.


An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered

Source: Presidential Executive Order Amending Executive Order 13223 |

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