Amendment to 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

This executive order amends a post-9/11 mobilization order to give the Secretary of Transportation parallel authority to the Secretary of Defense for managing Coast Guard reserve personnel, including involuntary activations, without requiring presidential approval for each action.

Federal Register Open PDF 67 FR 2791

Key directives

Amend Section 5 of EO 13223 to delegate presidential authorities under 10 U.S.C. 123, 123a and 14 U.S.C. 149, 275(a), 722 to Secretary of Transportation without presidential approval required
Revise Section 7 of EO 13223 to allow Secretary of Transportation to fund additional active duty Coast Guard members as excepted expenses under 41 U.S.C. 11(a)

Who is ordered

Timeline

Immediate

Delegation of authority to Secretary of Transportation takes effect
Coast Guard reserve management aligns with DoD procedures

Near term (90d)

Potential involuntary activations of Coast Guard Ready Reserve without presidential case-by-case approval

Long term

Structural precedent for executive branch bypass of presidential approval for reserve mobilizations during declared emergencies

Risks & tensions

Expands executive branch power concentration by removing presidential approval check for reserve mobilizations
Creates parity between DoD and Coast Guard (then under DOT) personnel systems during national emergency
Vague scope: 'without the approval, ratification or any other action by the President' grants broad autonomous authority
Statutory basis relies on continuing national emergency declared September 14, 2001