Obama’s Ready Reserve Corp within the Healthcare Bill – Explained (No Civilian Security Force…Yet)

Posted on Mar 27, 2010 in Featured Articles, Political Issues

Kevin Hayden

Truth is Treason.net

I was recently asked about page 1312 of the new Federal Healthcare Bill.  In particular, the question revolved around “creation of commissioned officers within the Ready Reserve Corps and the Regular Corp” and if it might be a new paramilitary unit created or modified.

After reading over page 1312 and a few others, I began digging around on the internet.  Everywhere I searched, all I could find were more questions and everyone asking each other, “What is this Ready Reserve Corp in the Healthcare Bill!? Is this Obama’s new civilian military he spoke about during the campaign?”

“We cannot continue to rely on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.” – Barack Obama, July 2nd, 2008

I kept digging and digging until finally, I found a bit of information relating to the original creation and design of the “Ready Reserve Corp.”  The Ready Reserves are NOT a new paramilitary force that Obama has created.  The Ready Reserve Corp has been around for awhile and the Healthcare Bill merely included some revisions to a few small areas.

I hate to say it to some of you, but this is not some conspiracy or boogeyman embedded within the language of healthcare.  Don’t get me wrong, I’m a fan of a good conspiracy theory (ask my friends and co-workers!), but I can only respect those theories that have been well researched.  And this, ladies and gentlemen, is not the “civilian national defense force” – at least in it’s present form.  I am not saying it can’t morph into something along those lines, but at this moment, put down the cavalry bugles.  There will be no great charge.  I strongly suggest we keep an eye on Obama’s agenda to create a massive civilian force and especially Whitehouse Spokesperson Eman Ramuel’s call for mandatory 3 month military service (an involuntary draft, more or less).  Now that Healthcare has been signed, Obama will be placing his other items on a fast-tracked agenda as time continues to run out.

Stay sharp, but in the meantime, read up on the Ready Reserves -

According to Wikipedia -

The Individual Ready Reserve (IRR) is a category of the Ready Reserve of the Reserve Component of the Armed Forces of the United States composed of former active duty or reserve military personnel, and is authorized under 10 U.S.C. ch.1005. As of 22 June 2004, the IRR had approximately 112,000 members (does not include all service IRR populations) composed of enlisted personnel and officers, with more than 200 Military Occupational Specialties are represented, including combat arms, combat support, and combat service support.

An individual assigned to the IRR receives no pay and is not obligated to drill, conduct annual training, or participate in any military activities (except for periodic Muster activities) until activated by Presidential Reserve Callup Authority.

Upon being called up, service members will usually be screened for their medical and personal status in order to qualify or disqualify them for activation.

An enlisted service member’s IRR service ends after the completion of their mandatory service obligation(MSO) usually 8 years.

More or less, it’s a group of soldiers (veterans) that have fulfilled their contract obligations to the military but can be called upon in times of need to serve as a “ready” unit of trained soldiers.   The particular question that was addressed to me pertained to civil-service requirements found in Section (2) of page 1312 of the Healthcare Bill.  The new revision in the bill strikes out the requirement that commissioned officers must adhere to typical civil service requirements, such as age, certain health conditions, etc.  I can only assume this was done in order to prevent certain commissioned officers from being excluded from a call-up by the President and closes, essentially, a loophole in the original wording for senior officers.

Here is a bit of true to life, “been there, done that” information about the IRR from someone I know:

The federal emergency medical and rescue response, NDMS, was moved from the US Public Health Service to become a bastard stepchild of FEMA when the Department of Homeland Security was formed. Following FEMA’s failures in Katrina, NDMS was returned to the flowchart of HHS. Unfortunately, the Secretary of HHS and the Director of the USPHS had in mind creating a parallel organization to NDMS which is the Commissioned Corps Readiness Reserve Force to replace the DMAT’s that currently serve the country.

I also learned that the Individual Ready Reserves can or will be deployed for “actual or threatened terrorism against the United States.”  That’s pretty broad, eh?

The IRR typically consists of logistical veterans or those trained in handling pandemics, health emergencies, natural disasters, etc.

Towards the bottom of this article are multiple Executive Orders relating to the Ready Reserve Corps.

Creation of Individual Ready Reserves -

SEC. 430. ESTABLISHING A READY RESERVE CORPS.

Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended to read as follows:

SEC. 203. COMMISSIONED CORPS AND READY RESERVE CORPS.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency.

(2) REQUIREMENT.—All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended.

(3) APPOINTMENT.—Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President with the advice and consent of the Senate.

(4) ACTIVE DUTY.—Commissioned officers of the Ready Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training.

(5) WARRANT OFFICERS.—Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the Commissioned Corps of the Service.

(b) ASSIMILATING RESERVE CORP OFFICERS INTO THE REGULAR CORPS.—Effective on the date of enactment of the Affordable Health Choices Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps.

(c) PURPOSE AND USE OF READY RESERVE.—

(1) PURPOSE.—The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions.

(2) USES.—The Ready Reserve Corps shall—

(A) participate in routine training to meet the general and specific needs of the Commissioned Corps;

(B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel;

(C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and

(D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 399SS) to improve access to health services.

(d) FUNDING.—For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated such sums as may be necessary to the Office of the Surgeon General for each of fiscal years 2010 through 2014. Funds appropriated under this subsection shall be used for recruitment and training of Commissioned Corps Officers.

And here is a revision of the original code -

US Code - TITLE 10Subtitle EPART IICHAPTER 1209 > § 12304

§ 12304. Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency

(a) Authority.— Notwithstanding the provisions of section 12302 (a) or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary to provide assistance referred to in subsection (b), he may authorize 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, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section10143 (a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 days.
(b) Support for Responses to Certain Emergencies.— The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.

(c) Limitations.—

(1) No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 12406 of this title or, except as provided in subsection (b), to provide assistance to either the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe.

(2) Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty under this section at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve.

(3) No unit or member of a reserve component may be ordered to active duty under this section to provide assistance referred to in subsection (b) unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.

(d) Exclusion From Strength Limitations.— Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or members in grade under this title or any other law.

(e) Policies and Procedures.— The Secretary of Defense and the Secretary of Homeland Security shall prescribe such policies and procedures for the armed forces under their respective jurisdictions as they consider necessary to carry out this section.

(f) Notification of Congress.— Whenever the President authorizes the Secretary of Defense or the Secretary of Homeland Security to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, under the authority of subsection (a), he shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members.

(g) Termination of Duty.— Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (a), the service of all units or members so ordered to active duty may be terminated by—

(1) order of the President, or

(2) law.

(h) Relationship to War Powers Resolution.— Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(i) Considerations for Involuntary Order to Active Duty.—

(1) In determining which members of the Selected Reserve and Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—

(A) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;

(B) the frequency of assignments during service career;

(C) family responsibilities; and

(D) employment necessary to maintain the national health, safety, or interest.

(2) The Secretary of Defense shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection.

(j) Definitions.— In this section:

(1) The term “Individual Ready Reserve mobilization category” means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144 (b) of this title.

(2) The term “weapon of mass destruction” has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302 (1)).

Now, here are a bunch of Amendments and Executive Orders that I am still sorting out.  I’ve attached them in their entirety for now.  If you have any legal background or further opinions, feel free to leave a comment or email me.

TITLE 10Subtitle EPART IICHAPTER 1209§ 12304

NOTES:

Source

(Added Pub. L. 94–286, § 1, May 14, 1976, 90 Stat. 517, § 673b; amended Pub. L. 96–584, § 2, Dec. 23, 1980, 94 Stat. 3377Pub. L. 97–295, § 1(9), Oct. 12, 1982,96 Stat. 1289Pub. L. 99–661, div. A, title V, § 521, Nov. 14, 1986, 100 Stat. 3870; renumbered § 12304 and amended, Pub. L. 103–337, div. A, title V, § 511(a), title XVI, §§ 1662(e)(2), 1675 (c)(2), Oct. 5, 1994, 108 Stat. 2752, 2992, 3017; Pub. L. 105–85, div. A, title V, § 511(b)–(e)(1), Nov. 18, 1997, 111 Stat. 1728, 1729; Pub. L. 105–261, div. A, title V, § 511(a), Oct. 17, 1998, 112 Stat. 2005Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314Pub. L. 107–314, div. A, title V, § 514(a), Dec. 2, 2002, 116 Stat. 2539Pub. L. 108–136, div. A, title V, § 515, Nov. 24, 2003, 117 Stat. 1460Pub. L. 108–375, div. A, title V, § 514(c), Oct. 28, 2004, 118 Stat. 1883Pub. L. 109–364, div. A, title V, § 522, title X, § 1076(c), Oct. 17, 2006, 120 Stat. 2192, 2406; Pub. L. 110–181, div. A, title X, §§ 1063(a)(15), 1068 (c), Jan. 28, 2008, 122 Stat. 322, 326.)

References in Text

The War Powers Resolution, referred to in subsec. (h), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of Title 50 and Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–181, § 1063(a)(15), struck out second period at end.

Subsec. (c)(1). Pub. L. 110–181, § 1068(c), substituted “No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 12406 of this title or, except as provided in subsection (b),” for “Except to perform any of the functions authorized by chapter 15 or section 12406 of this title or by subsection (b), no unit or member of a reserve component may be ordered to active duty under this section”.

2006—Subsec. (a). Pub. L. 109–364, § 522(a), substituted “365 days.” for “270 days”.

Subsec. (c)(1). Pub. L. 109–364, § 1076(c), substituted “Except to perform any of the functions authorized by chapter 15 or section 12406 of this title or by subsection (b), no unit or member of a reserve component may be ordered to active duty under this section” for “No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 12406 of this title or, except as provided in subsection (b),”.

Subsecs. (i), (j). Pub. L. 109–364, § 522(b), added subsec. (i) and redesignated former subsec. (i) as (j).

2004—Subsec. (a). Pub. L. 108–375 struck out “(other than for training)” after “active duty”.

2003—Subsec. (b)(2). Pub. L. 108–136, § 515(1), substituted “significant” for “catastrophic”.

Subsec. (c)(3). Pub. L. 108–136, § 515(2), added par. (3).

2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Subsec. (b). Pub. L. 107–314 substituted “involving—

“(1) a use or threatened use of a weapon of mass destruction; or

“(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.”

for “involving a use or threatened use of a weapon of mass destruction.”

Subsecs. (e), (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1998—Subsec. (a). Pub. L. 105–261, § 511(a)(1)(A), (3)(A), inserted heading and inserted “or that it is necessary to provide assistance referred to in subsection (b)” after “operational mission” in text.

Subsec. (b). Pub. L. 105–261, § 511(a)(1)(D), added subsec. (b). Former subsec. (b) redesignated subsec. (c)(1).

Subsec. (c). Pub. L. 105–261, § 511(a)(1)(B), (C), redesignated subsec. (b) as par. (1) of subsec. (c), inserted subsec. heading, substituted “or, except as provided in subsection (b), to provide” for “, or to provide”, and redesignated former subsec. (c) as par. (2).

Subsecs. (d) to (h). Pub. L. 105–261, § 511(a)(3)(B)–(F), inserted headings.

Subsec. (i). Pub. L. 105–261, § 511(a)(2), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “For purposes of this section, the term ‘Individual Ready Reserve mobilization category’ means, in the case of any reserve component, the category of the Individual Ready Reserve described in section10144 (b) of this title.”

1997—Pub. L. 105–85, § 511(e)(1), inserted “and certain Individual Ready Reserve members” after “Selected Reserve” in section catchline.

Subsec. (a). Pub. L. 105–85, § 511(b), inserted “or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned,” after “of this title),”.

Subsec. (c). Pub. L. 105–85, § 511(c), inserted “and the Individual Ready Reserve” after “Selected Reserve” and “, of whom not more than 30,000 may be members of the Individual Ready Reserve” before period at end.

Subsec. (f). Pub. L. 105–85, § 511(d)(1), inserted “or Individual Ready Reserve” after “Selected Reserve”.

Subsec. (g). Pub. L. 105–85, § 511(d)(2), inserted “, or any member of the Individual Ready Reserve,” after “to serve as a unit” in introductory provisions.

Subsec. (i). Pub. L. 105–85, § 511(d)(3), added subsec. (i).

1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 673b of this title as this section.

Subsec. (a). Pub. L. 103–337, § 1675(c)(2)(A), (B), substituted “12302(a)” for “673(a)” and “10143(a)” for “268(b)”.

Pub. L. 103–337, § 511(a)(1), substituted “270 days” for “90 days”.

Subsec. (b). Pub. L. 103–337, § 1675(c)(2)(C), substituted “12406” for “3500 or 8500”.

Subsec. (i). Pub. L. 103–337, § 511(a)(2), struck out subsec. (i) which read as follows: “When a unit of the Selected Reserve, or a member of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, is ordered to active duty under this section and the President determines that an extension of the service of such unit or member on active duty is necessary in the interests of national security, he may authorize the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy to extend the period of such order to active duty for a period of not more than 90 additional days. Whenever the President exercises his authority under this subsection, he shall immediately notify Congress of such action and shall include in the notification a statement of reasons for the action. Nothing in this subsection shall be construed as limiting the authorities to terminate the service of units or members ordered to active duty under this section under subsection (g).”

1986—Subsec. (b). Pub. L. 99–661, § 521(c)(1), substituted “reserve component” for “Reserve component”.

Subsec. (c). Pub. L. 99–661, § 521(a), substituted “200,000” for “100,000”.

Subsec. (e). Pub. L. 99–661, § 521(c)(2), substituted “armed forces” for “Armed Forces”.

Subsec. (f). Pub. L. 99–661, § 521(c)(3), substituted “Congress” for “the Speaker of the House of Representatives and to the President pro tempore of the Senate”.

Subsec. (g)(2). Pub. L. 99–661, § 521(c)(4), substituted “law” for “a concurrent resolution of the Congress”.

Subsec. (i). Pub. L. 99–661, § 521(b), added subsec. (i).

1982—Subsec. (h). Pub. L. 97–295 inserted “(50 U.S.C. 1541 et seq.)” after “the War Powers Resolution”.

1980—Subsec. (c). Pub. L. 96–584 substituted “100,000” for “50,000”.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(e)(2) and 1675(c)(2) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Orders to Active Duty for Selected Reserve Combat Units Involved in Operation Desert Shield; Extensions of Time for Fiscal Year 1991

Pub. L. 101–511, title VIII, § 8132, Nov. 5, 1990, 104 Stat. 1908, provided that, during fiscal year 1991, the President, in authorizing under this section the order to active duty of units and members of the Selected Reserve, could use that authority in the case of orders to active duty in support of operations in and around the Arabian Peninsula and Operation Desert Shield as if “180” were substituted for “90” in subsecs. (a) and (i) of this section.

Ex. Ord. No. 12727. Ordering Selected Reserve of Armed Forces to Active Duty

Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, as amended by Ex. Ord. No. 13286, § 39, Feb. 28, 2003, 68 F.R. 10626, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of title 10 of the United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operational missions in and around the Arabian Peninsula. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to order to active duty units and individual members not assigned to units, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

Ex. Ord. No. 12733. Authorizing Extension of Period of Active Duty of Personnel of Selected Reserve of Armed Forces

Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, as amended by Ex. Ord. No. 13286, § 37, Feb. 28, 2003, 68 F.R. 10626, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b (i) [673b now 12304] of title 10 of the United States Code, I hereby determine that, in the interests of national security, extending the period of active duty is necessary for the following: units of the Selected Reserve, and members of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, now serving on or hereafter ordered to active duty pursuant to section 673b (a) [now 12304(a)] of title 10 of the United States Code and Executive Order No. 12727 of August 22, 1990 [set out above]. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to extend the period of active duty of such units and members of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

Ex. Ord. No. 12927. Ordering Selected Reserve of Armed Forces to Active Duty

Ex. Ord. No. 12927, Sept. 15, 1994, 59 F.R. 47781, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b [now 12304] of title 10 of the United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operational missions to restore the civilian government in Haiti. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order is effective immediately and shall be published in the Federal Register and transmitted to the Congress.

William J. Clinton.

Ex. Ord. No. 12982. Ordering Selected Reserve of Armed Forces to Active Duty

Ex. Ord. No. 12982, Dec. 8, 1995, 60 F.R. 63895, as amended by Ex. Ord. No. 13286, § 21, Feb. 28, 2003, 68 F.R. 10624, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around former Yugoslavia. Further, under the stated authority, I hereby authorize 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 Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

This order shall be published in the Federal Register and transmitted to the Congress.

Ex. Ord. No. 13076. Ordering Selected Reserve of Armed Forces to Active Duty

Ex. Ord. No. 13076, Feb. 24, 1998, 63 F.R. 9719, as amended by Ex. Ord. No. 13286, § 17, Feb. 28, 2003, 68 F.R. 10623, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around Southwest Asia. Further, under the stated authority, I hereby authorize 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 Department of the Navy, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

Ex. Ord. No. 13120. Ordering Selected Reserve and Certain Individual Ready Reserve Members of Armed Forces to Active Duty

Ex. Ord. No. 13120, Apr. 27, 1999, 64 F.R. 23007, as amended by Ex. Ord. No. 13286, § 14, Feb. 28, 2003, 68 F.R. 10623, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around the former Yugoslavia related to the conflict in Kosovo. Further, under the stated authority, I hereby authorize 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 Department of the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty.

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

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