[House Document 116-113]
[From the U.S. Government Publishing Office]
116th Congress, 2d Session - - - - - - - - - - House Document 116-113
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NATIONAL EMERGENCY AUTHORITY TO ORDER THE SELECTED RESERVE AND CERTAIN
MEMBERS OF THE INDIVIDUAL READY RESERVE OF THE ARMED FORCES TO ACTIVE
DUTY
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF NATIONAL EMERGENCY AUTHORITY TO ORDER THE SELECTED
RESERVE AND CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE OF THE
ARMED FORCES TO ACTIVE DUTY, PURSUANT TO 50 U.S.C. 1631; PUBLIC LAW 94-
412, SEC. 301; (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 31, 2020.--Referred jointly to the Committees on Armed Services
and Transportation and Infrastructure, and ordered to be printed
The White House,
Washington, March 27, 2020.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Effective today, in accordance with
section 301 of the National Emergencies Act (50 U.S.C. 1631),
section 12302 of title 10, United States Code and sections
2127, 2308, 2314, 3735 of title 14, United States Code, I am
authorizing the Secretary of Defense and the Secretary of
Homeland Security, with respect to the Coast Guard, to order
units and individual members of the Selected Reserve, and
certain Individual Ready Reserve members, to active duty to
augment the active forces for the effective conduct of
coronavirus disease response. This authority is necessary to
ensure the Department of Defense and the Department of Homeland
Security can properly conduct operations required to meet our
evolving security challenges and to support the United States
Government response to COVID-19.
A copy of the Executive Order I issued is enclosed.
Sincerely,
Donald J. Trump.
Executive Order
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National Emergency Authority To Order the Selected Reserve and Certain
Members of the Individual Ready 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 the National Emergencies Act (50 U.S.C. 1601 et
seq.), and in furtherance of Proclamation 9994 of March 13,
2020 (Declaring a National Emergency Concerning the Novel
Coronavirus Disease (COVID-19) Outbreak), which declared a
national emergency by reason of the threat that the novel (new)
coronavirus known as SARS-CoV-2 poses to our Nation's
healthcare systems, I hereby order as follows:
Section 1. Emergency Authority. To provide additional
authority to the Secretaries of Defense and Homeland Security
to respond to the national emergency declared by Proclamation
9994, the authorities under section 12302 of title 10, United
States Code, and sections 2127, 2308, 2314, and 3735 of title
14, United States Code, are invoked and made available,
according to their terms, to the Secretaries of Defense and
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 not to exceed 24 consecutive
months, such units, and individual members of the Ready Reserve
under the jurisdiction of the Secretary concerned, not to
exceed 1,000,000 members on active duty at any one time, as the
Secretary of Defense and, with respect to the Coast Guard when
it is not operating as a service in the Navy, the Secretary of
Homeland Security consider necessary. The Secretary of Defense
or the Secretary of Homeland Security, as applicable, will
ensure appropriate consultation is undertaken with relevant
state officials with respect to the utilization of National
Guard Reserve Component units activated under this authority.
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.
Donald J. Trump.
The White House, March 27, 2020.
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