Authority To Order the Ready Reserve of the Armed Forces to Active Duty To Address International Drug Trafficking
This executive order (EO 14097) uses the National Emergencies Act to give the Secretary of Defense and the Secretary of Homeland Security added authority to order to active duty units and individual members of the Ready Reserve under their respective jurisdictions. The activation can be used as needed to address the international drug trafficking emergency declared in EO 14059. The order relies on 10 U.S.C. § 12302 and covers Ready Reserve personnel from the Army, Navy, Air Force, and Coast Guard (when not operating as a Navy service) at the direction of the appropriate secretary. It ties the reserve mobilization to the broader sanctions regime against illicit drug trade and is intended to be used consistent with law and available appropriations. The order explicitly states it does not create new rights or benefits enforceable in law.
Key Points
- 1Authority to activate Ready Reserve: The Secretaries of Defense and Homeland Security may order Ready Reserve units and individuals to active duty as they deem necessary to address the international drug trafficking national emergency, under 10 U.S.C. § 12302.
- 2Scope of personnel: Applies to Ready Reserve personnel under the Secretary concerned (including DoD services and DHS for the Coast Guard when not a Navy service).
- 3Connection to the national emergency: Activity is tied to the national emergency declared by EO 14059 on foreign illicit drug trade sanctions and aims to support enforcement and allied actions.
- 4Legal and budgetary guardrails: Implemented consistent with applicable law and subject to appropriations; does not alter the fundamental authority of agencies or budget processes.
- 5Rights and remedies: The order states it does not create any new rights or benefits enforceable in law or equity for any person.