Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces
Signed July 27, 2005·George W. Bush·70 FR 43739
Source
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Plain-language summary
Assigns to the Secretary of Defense the President's authority under two specific provisions of Title 10 of the United States Code: subsection 531(a)(1), covering original appointments of commissioned officers, and the second sentence of subsection 571(b), covering chief warrant officer appointments. States that the Secretary of Defense may not delegate or reassign these functions to anyone else. Clarifies that the order does not limit the President's constitutional authority as Commander in Chief or the President's power to nominate or make or terminate appointments, and does not create any legally enforceable right or benefit for any party against the United States or its officials.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13384 of July 27, 2005
Assignment of Functions Relating to Original
Appointments as Commissioned Officers and Chief Warrant
Officer Appointments in the Armed Forces
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. Assignment of Functions to the Secretary of
Defense. The Secretary of Defense shall perform the
functions of the President under the following
provisions of title 10, United States Code:
(a) subsection 531(a)(1); and
(b) the second sentence of subsection 571(b).
Sec. 2. Reassignment of Functions Assigned. The
Secretary of Defense may not reassign the functions
assigned to him by this order.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to limit or otherwise affect the
authority of the President as Commander in Chief of the
Armed Forces of the United States, or under the
Constitution and laws of the United States to nominate
or to make or terminate appointments.
(b) 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, entities,
officers, employees or agents, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
July 27, 2005.Reproduced from the Federal Register plain-text record, signed July 27, 2005. Typesetting artifacts are removed; no wording is changed.