National Emergency Authority To Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty
Executive Order 13912, issued March 27, 2020, provides expanded authority for the President to mobilize the United States Armed Forces’ reserve components in response to the COVID-19 national emergency. It authorizes the Secretaries of Defense and Homeland Security to order to active duty Selected Reserve units and certain members of the Individual Ready Reserve (IRR) under their jurisdiction, for up to 24 consecutive months, and to a total active-duty level not exceeding 1,000,000 personnel at any one time. The order covers Reserve components across the Army, Navy, Air Force, Marine Corps, and, when not operating as a separate service, the Coast Guard. It also requires consultation with state officials regarding activation of National Guard Reserve components. The order clarifies it is to be implemented under existing law and appropriations, and it does not create new legal rights or entitlements. In short, the order dramatically expands the size and duration of potential mobilizations from the Ready Reserve to support the national emergency caused by COVID-19, while tying activations to statutory authorities and ensuring coordination with states and adherence to budget constraints.
Key Points
- 1Authority to mobilize: The Secretaries of Defense and Homeland Security can order Selected Reserve units and certain IRR members to active duty as needed to respond to the COVID-19 national emergency, using authorities under 10 U.S.C. 12302 and relevant Coast Guard provisions (14 U.S.C. sections 2127, 2308, 2314, 3735).
- 2Duration and cap: Active-duty service can last up to 24 consecutive months for units or individuals, with a total active-duty ceiling of up to 1,000,000 personnel at any one time.
- 3Scope of mobilization: Applies to the Selected Reserve and certain IRR members under the Secretary’s jurisdiction; Coast Guard personnel are included when the Coast Guard is not operating as a service in the Navy.
- 4State coordination: The Secretaries will ensure appropriate consultation with state officials regarding the use of National Guard Reserve components activated under this authority.
- 5Legal framework and limits: The order relies on the National Emergencies Act and Proclamation 9994; implementation must comply with applicable law and appropriations, and the order does not create enforceable rights or benefits for individuals or entities.