Executive Order 13912 · Signed Mar 27, 2020

85 FR 18407 · Published Apr 1, 2020 · Effective on signing

Newsworthy
Share

National Emergency Authority To Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty

military readinessCOVID-19 responsenational emergencymilitary reserveshomeland security

Signed by President Donald Trump

The order invokes emergency call-up authority to allow the Secretaries of Defense and Homeland Security to order up to one million Reserve and Individual Ready Reserve members to active duty for up to 24 consecutive months in response to the COVID-19 national emergency.

It puts the largest potential military mobilization authority of the pandemic era into the hands of civilian service secretaries, enabling a rapid surge of military personnel to support overwhelmed healthcare systems and federal response efforts.

What this order does

What it orders

The order invokes specific statutory call-up authorities — including 10 U.S.C. § 12302 and four Coast Guard provisions — granting the Secretaries of Defense and Homeland Security the power to order units and individual members of the Ready Reserve to active duty. It caps the total at 1,000,000 members on active duty at any one time and limits tours to no more than 24 consecutive months. The Secretaries of the Army, Navy, and Air Force may act under the Secretary of Defense's direction; the Secretary of Homeland Security holds parallel authority over the Coast Guard when it is not operating as a Navy service.

The order does not itself activate any specific units or individuals — it makes the authority available for the Secretaries to exercise as they determine necessary. Consultation with relevant state officials is required before activating National Guard Reserve Component units, but no deadline or formal process is specified beyond that.

Who it affects

Members of the Selected Reserve and Individual Ready Reserve across all military branches, including the Coast Guard, who may be called to active duty. State officials whose National Guard units could be activated must be consulted. Indirectly, civilian healthcare systems and communities receiving military support are affected.

Why it matters

Up to one million reservists — many of whom hold civilian jobs and family obligations — can now be ordered to active duty by the service secretaries without additional congressional action. The mobilization ceiling is large enough to represent a significant share of the entire U.S. reserve force, reshaping deployment capacity during the pandemic.

What must happen and when

How the order is supposed to work

The authority flows from the President to the Secretaries of Defense and Homeland Security, who then direct the service secretaries (Army, Navy, Air Force) to issue individual or unit activation orders. The Secretary of Homeland Security holds independent authority for Coast Guard personnel not under Navy command. Activation must remain within the 1,000,000-member ceiling and 24-month tour cap. For National Guard Reserve Component units, the relevant Secretary must consult state officials before activation, though no formal consultation structure or approval requirement is specified. The order is subject to available appropriations.

Actions and deadlines

  • Consult with relevant state officials before utilizing National Guard Reserve Component units activated under this authorityNo deadline specified

Agencies directed to act

Department of DefenseDepartment of Homeland SecurityDepartment of the ArmyDepartment of the NavyDepartment of the Air ForceUnited States Coast Guard

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

National Emergencies Act

Federal law governing presidential declarations and use of national emergency powers.

10 U.S.C. § 12302

Statutory authority to order Ready Reserve members to active duty during a national emergency.

14 U.S.C. §§ 2127, 2308, 2314, 3735

Coast Guard-specific statutes authorizing active-duty call-up of Coast Guard reserve personnel.

Executive Order

Ask GovernmentReporter about this order

Ask anything about what this order does, who it affects, and how it changes policy.

Executive Order 13912: National Emergency Authority To Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty | EO Reporter