Amending Executive Order 13223
Signed: October 20, 2017
Published: October 24, 2017
Document Number: 2017-23270
šSummary
This executive order updates a 2001 order tied to the postā9/11 national emergency by giving the Department of Defense additional personnel-management authority during that emergency. It affects the military departments and their service members, by expanding what the Secretaries of the Army, Navy, Air Force, and other āsecretaries concernedā may do under existing law, under the Secretary of Defenseās direction where applicable. Specifically, it invokes and makes available certain national-emergency authorities in federal military personnel law (10 U.S.C. Ā§Ā§ 688 and 690), which relate to calling certain reservists and retirees to active duty and managing related staffing needs. It also states that the order must be carried out consistent with existing law and available funding, and it does not create enforceable rights for individuals.
š¼Business Impact
This order expands the Department of Defenseās authority during the ongoing national emergency to manage military personnel (including recalling/retaining certain service members under 10 U.S.C. Ā§Ā§ 688 and 690), which most directly affects defense contractors, transportation/logistics firms supporting DoD, and employers with significant numbers of Guard/Reserve employees. Businesses may see increased employee mobilizations, longer deployments, or delayed separationsācreating staffing, scheduling, and project-delivery risks but also potential opportunities for surge support contracts and subcontracting to backfill capacity. Immediate actions: review USERRA compliance and leave/pay policies, update workforce contingency plans for key roles held by reservists, and for DoD-facing firms, reassess contract staffing assumptions and engage contracting officers early about schedule impacts and potential modifications.
Full Text
Executive Order 13814 of October 20, 2017
Amending Executive Order 13223
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 the objectives of Proclamation 7463 of September 14, 2001 (Declaration of National Emergency by Reason of Certain Terrorist Attacks), which declared a national emergency by reason of the terrorist attacks of September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks on the United States, and in order to provide the Secretary of Defense additional authority to manage personnel requirements in a manner consistent with the authorization provided in Executive Order 13223 of September 14, 2001 (Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation), it is hereby ordered as follows:
Section 1 . Amendment to Executive Order 13223. Section 1 of Executive Order 13223 is amended by adding at the end: “The authorities available for use during a national emergency under sections 688 and 690 of title 10, United States Code, are also invoked and made available, according to their terms, to the Secretary concerned, subject in the case of the Secretaries of the Army, Navy, and Air Force, to the direction of the Secretary of Defense.”
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. ( printed page 49274)
(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.
THE WHITE HOUSE,
October 20, 2017.