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

This executive order delegates to the Secretary of Defense the President's authority to approve original appointments of commissioned officers and chief warrant officers in the armed forces under specific sections of title 10, U.S. Code. The order explicitly prohibits the Secretary from reassigning these functions and preserves the President's constitutional nomination and appointment powers.

Federal Register Open PDF 70 FR 43739

Key directives

Secretary of Defense shall perform functions of the President under 10 U.S.C. § 531(a)(1)
Secretary of Defense shall perform functions of the President under second sentence of 10 U.S.C. § 571(b)
Secretary of Defense may not reassign functions assigned by this order
President's authority as Commander in Chief and constitutional appointment powers are preserved

Who is ordered

Secretary of Defense · Department of Defense

Timeline

Immediate

Functions under 10 U.S.C. § 531(a)(1) and second sentence of § 571(b) transfer to Secretary of Defense

Near term (90d)

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Long term

Ongoing delegation of appointment authority for military officer accessions

Risks & tensions

Non-reassignment clause (Sec. 2) creates tension if Secretary seeks further decentralization to military service secretaries
Sec. 3(a) reservation of presidential powers is standard but underscores latent tension in any delegation of military personnel authority
No reporting or oversight mechanisms specified; accountability relies on existing statutory and chain-of-command frameworks