Executive Order 13384: Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces

President: George W. Bush

Assigned two narrow presidential appointment functions to the Secretary of Defense.

Status: In effect. Is Executive Order 13384 still in effect? Yes. Executive Order 13384 remains in effect. See Federal Register record.

What does Executive Order 13384 do?

EO 13384 assigned those functions to the Secretary of Defense, prohibited further reassignment, and preserved the President’s constitutional and statutory appointment authority. Congress added 10 U.S.C. 20203(f) in 2023, expressly applying EO 13384’s section 531(a) delegation to comparable Space Force functions under section 20201 unless the President orders otherwise.

Administration position: The order allocated the two specified appointment functions within the executive branch.
SignedJuly 27, 2005
Earlier framework10 U.S.C. 531(a)(1) and the second sentence of 10 U.S.C. 571(b) described specified presidential functions for original officer and chief warrant officer appointments.
Responsible bodySecretary of Defense
Later primary evidenceDecember 22, 2023: Congress added 10 U.S.C. 20203(f) in 2023, expressly applying EO 13384’s section 531(a) delegation to comparable Space Force functions under section 20201 unless the President orders otherwise.

Before and after

Before the order

10 U.S.C. 531(a)(1) and the second sentence of 10 U.S.C. 571(b) described specified presidential functions for original officer and chief warrant officer appointments.

After the order

EO 13384 assigned those functions to the Secretary of Defense, prohibited further reassignment, and preserved the President’s constitutional and statutory appointment authority.

Congress added 10 U.S.C. 20203(f) in 2023, expressly applying EO 13384’s section 531(a) delegation to comparable Space Force functions under section 20201 unless the President orders otherwise.

What did the signed order change?

10 U.S.C. 531(a)(1) and the second sentence of 10 U.S.C. 571(b) described specified presidential functions for original officer and chief warrant officer appointments. EO 13384 assigned those functions to the Secretary of Defense, prohibited further reassignment, and preserved the President’s constitutional and statutory appointment authority.

What happened later?

U.S. Code — 10 U.S.C. 20203(f), Space Force continuity documents this later development: Congress added 10 U.S.C. 20203(f) in 2023, expressly applying EO 13384’s section 531(a) delegation to comparable Space Force functions under section 20201 unless the President orders otherwise.

What does that evidence establish?

The order lists only subsections 531(a)(1) and 571(b) second sentence and forbids redelegation by the Defense Secretary. Congress later incorporated the first delegation for specified Space Force functions, not every presidential appointment power. The statutory cross-reference does not document any individual commission or promotion. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Secretary of DefensePerformed only the assigned appointment functionsUnder the signed order and governing law

What happened next

EO 13384 signed.

Congress added 10 U.S.C. 20203(f) in 2023, expressly applying EO 13384’s section 531(a) delegation to comparable Space Force functions under section 20201 unless the President orders otherwise.