Executive Order 13223: 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
President: George W. Bush
Invoked statutory reserve-call-up and military-personnel authorities after the September 11 attacks and delegated their use to the Defense and Transportation departments, with Coast Guard functions later transferred to Homeland Security.
Status: In effect as amended. Sources: September 8, 2026 continuation notice · EO 13814, October 20, 2017.
Is Executive Order 13223 still in effect? Yes. It remains operative as amended, including by Executive Order 13814 of October 20, 2017. The September 8, 2026 notice continued the underlying September 14, 2001 national emergency for one year beyond September 14, 2026.
What does Executive Order 13223 do?
The order assigned these duties: Service Secretaries under Defense direction — Order Ready Reserve units and qualifying individual members to active duty under 10 U.S.C. § 12302; Defense Secretary — Exercise delegated personnel, strength and retention authorities and redelegate to qualifying civilian subordinates.
Before and after
Before the order
The armed forces had standing reserve and personnel statutes, but the President had not invoked and delegated this emergency package for the September 11 response.
After the order
The departments used the authorities for post-September 11 mobilization and personnel administration. EO 13253, EO 13286 and EO 13814 amended the order. The underlying Proclamation 7463 emergency was continued in September 2026 for one year beyond September 14, 2026.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Service Secretaries under Defense direction | Order Ready Reserve units and qualifying individual members to active duty under 10 U.S.C. § 12302 | Up to 24 consecutive months per call-up, within statutory limits |
| Defense Secretary | Exercise delegated personnel, strength and retention authorities and redelegate to qualifying civilian subordinates | While the invoked emergency authorities remain available |
| Homeland Security Secretary | Exercise the Coast Guard authorities transferred from Transportation when the Coast Guard is not serving in the Navy | While the invoked authorities remain available |
| President and Congress | Continue or terminate the underlying emergency under the National Emergencies Act | Annual continuation process |
What happened next
EO 13223 signed.
The President declared the emergency and issued EO 13223.
EO 13253 added further retention and personnel authority.
EO 13286 transferred non-Navy Coast Guard references to Homeland Security.
EO 13814 added retired-officer authorities under 10 U.S.C. §§ 688 and 690.
The President continued the underlying emergency beyond September 14, 2025 for one year.
The President continued the underlying emergency for one year beyond September 14, 2026.
Legal and source detail
How it works legally
The order invokes statutory authority rather than creating an unlimited power: 10 U.S.C. § 12302 contains duration and aggregate limits, and other invoked sections carry their own terms. Individual military-personnel disputes are governed by those statutes, regulations and applicable review doctrines, not by the order alone.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on October 2, 2026. How we research →