Government operations and workforce

Executive Order 13321: Appointments During National Emergency

President: George W. Bush

Made the military emergency appointments authority in 10 U.S.C. 603 available to the Defense Secretary.

Status: In effect. Is Executive Order 13321 still in effect? Yes. Executive Order 13321 remains in effect. See Federal Register record.

What does Executive Order 13321 do?

The Defense Secretary could use section 603 in accordance with that statute and EO 12396; the order did not appoint any particular officer. A September 2026 notice continued the underlying 2001 national emergency. It does not identify any individual officer appointed under this order.

Administration position: The order invokes statutory emergency appointments authority to respond to the emergency declared after the September 2001 attacks.
SignedDecember 17, 2003
Prior frameworkProclamation 7463 declared a national emergency after the September 2001 attacks; section 603 and EO 12396 supplied statutory and executive conditions.
Responsible officialSecretary of Defense
Later primary evidenceSeptember 10, 2026: A September 2026 notice continued the underlying 2001 national emergency. It does not identify any individual officer appointed under this order.

Before and after

Before the order

Proclamation 7463 declared a national emergency after the September 2001 attacks; section 603 and EO 12396 supplied statutory and executive conditions.

After the order

The Defense Secretary could use section 603 in accordance with that statute and EO 12396; the order did not appoint any particular officer.

A September 2026 notice continued the underlying 2001 national emergency. It does not identify any individual officer appointed under this order.

What changed?

Proclamation 7463 declared a national emergency after the September 2001 attacks; section 603 and EO 12396 supplied statutory and executive conditions. The Defense Secretary could use section 603 in accordance with that statute and EO 12396; the order did not appoint any particular officer.

What does later evidence show?

GovInfo — 2026 emergency continuation sent to Congress documents the later development: A September 2026 notice continued the underlying 2001 national emergency. It does not identify any individual officer appointed under this order. No named officer appointment is verified by the cited notice.

What are the limits?

This is an invocation of 10 U.S.C. 603 for the Secretary of Defense, conditioned by that section and EO 12396. Continuation of the underlying emergency does not show that each potential appointment occurred or remove statutory constraints. Read the signed order for its operative language.

Who had to do what

Agency / officeActionTiming / position
Secretary of DefenseCould make qualifying emergency appointments under 10 U.S.C. 603As limited by the signed order

What happened next

EO 13321 signed.

A September 2026 notice continued the underlying 2001 national emergency. It does not identify any individual officer appointed under this order.

Signed text and later primary evidence reviewed.