[House Document 118-35]
[From the U.S. Government Publishing Office]




118th Congress, 1st Session - - - - - - - - - - - - - House Document 118-35

 
  AUTHORIZING THE SECRETARY OF DEFENSE AND THE SECRETARY OF HOMELAND 
 SECURITY 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

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

AN AUTHORIZATION THE SECRETARY OF DEFENSE AND THE SECRETARY OF HOMELAND 
 SECURITY 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, PURSUANT TO 50 U.S.C. 
        1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90 STAT. 1257)




   April 27, 2023.--Message and accompanying papers referred to the 
         Committee on Armed Services and ordered to be printed
To the Congress of the United States:
    Effective today, pursuant to the National Emergencies Act 
(50 U.S.C. 1601 et seq.) and section 12302 of title 10, United 
States Code, and in order to respond to the national emergency 
declared in Executive Order 14059 of December 15, 2021 
(Imposing Sanctions on Foreign Persons Involved in the Global 
Illicit Drug Trade), I am authorizing the Secretary of Defense 
and the Secretary of Homeland Security 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. The authorities 
that have been invoked will ensure the Department of Defense 
can properly sustain its support of the Department of Homeland 
Security concerning international drug trafficking along the 
Southwest Border.
    A copy of the Executive Order I have issued is enclosed.

                                               Joseph R. Biden, Jr.
    The White House, April 27, 2023.

                            Executive Order

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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.
                                               Joseph R. Biden, Jr.
    The White House, April 27, 2023.