ExecutiveOrdersEO
EO 13223Executive OrderG.W. Bush · R

Executive Order 13223

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

This executive order, issued three days after 9/11, invokes presidential authorities to activate Ready Reserve military units for up to 24 months and delegates significant personnel management powers to the Secretaries of Defense and Transportation, including suspending normal officer promotion, retirement, and separation rules.

Federal Register Open PDF 66 FR 48201

Impact dates

  1. EO effective immediately

  2. Prompt transmission to Congress

  3. Federal Register publication

Key directives

  • Invoke authority to order Ready Reserve to active duty for not more than 24 consecutive months
  • Suspend officer and warrant officer strength/distribution limits under 10 U.S.C. 523, 525, 526
  • Suspend promotion, involuntary retirement, and separation laws for commissioned officers under 10 U.S.C. 123, 123a, 12006
  • Invoke Coast Guard active duty and detention authorities under 14 U.S.C. 331, 359, 367
  • Delegate exercised presidential authorities to Secretary of Defense without further presidential action
  • Delegate Coast Guard authorities to Secretary of Transportation when not serving in Navy
  • Authorize redelegation to Senate-confirmed civilian subordinates
  • Permit Secretary of Defense to fund additional active duty members as excepted expenses
  • Transmit order promptly to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • EO effective immediately upon signing
  • Ready Reserve activation authority invoked
  • Personnel suspension authorities take effect
  • Delegation powers to Secretaries active

Near term (90d)

  • Reserve call-ups likely to commence
  • Congressional notification transmitted
  • Federal Register publication completed

Long term

  • Potential 24-month active duty tours for reservists
  • Sustained suspension of normal military personnel rules during emergency
  • Precedent for emergency military mobilization authorities

Risks & tensions

  • 24-month activation ceiling creates implicit deadline pressure for sustained operations
  • Suspension of normal personnel rules may affect military career stability and morale
  • Broad delegation of presidential authorities to cabinet secretaries concentrates power in executive branch
  • Excepted expense provision allows spending beyond appropriated levels, raising separation-of-powers considerations
  • Invocation under National Emergencies Act ties duration to emergency declaration
Executive Order 13223: 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 · Executive Orders