Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces

2005-07-29Executive Order 13384
Signed by: George W. Bush
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Headline: Assigns Presidential Appointment Functions to the Secretary of Defense

What it does: The order directs the Secretary of Defense to perform the President's functions under two specified provisions of title 10, United States Code.

Real World Impact:
  • Gives the Defense Secretary authority to carry out certain officer appointment actions.
  • Prohibits the Secretary from delegating these assigned appointment functions.
  • Clarifies the President keeps Commander-in-Chief and nomination powers.
Topics: military appointments, defense administration, presidential authority, government staffing

Summary

This order assigns specific Presidential appointment functions related to original commissioned officer and chief warrant officer appointments to the Secretary of Defense. It names two provisions of title 10, United States Code—subsection 531(a)(1) and the second sentence of subsection 571(b)—under which the Secretary will act.

The Secretary may not reassign these functions. The order also makes clear the President retains Commander-in-Chief authority and the power to nominate or terminate appointments, and it creates no new legal rights enforceable against the government.

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