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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code

This memorandum delegates to the Secretary of Defense the President's authority under two sections of Title 32, U.S. Code: (1) allowing Regular Army/Air Force officers to accept National Guard commissions without losing rank, and (2) authorizing National Guard officers to serve on active duty while remaining in state National Guard duty, including advance authorization for command succession. It supersedes a 2004 delegation of the section 325 authority.

Federal Register Open PDF 76 FR 22003

Impact dates

  1. Arrange funding from proper appropriation

  2. Prescribe regulations to implement delegated functions

  3. Publish memorandum in Federal Register

Key directives

  • Delegate authority under 32 U.S.C. § 315 to permit Regular Army/Air Force officers to accept National Guard commissions
  • Delegate authority under 32 U.S.C. § 325 to authorize National Guard officers on active duty without relief from state Guard duty
  • Authorize advance authorization for command succession purposes
  • Supersede July 23, 2004 delegation of 32 U.S.C. § 325 authority
  • Direct Secretary to arrange funding from proper appropriation
  • Direct Secretary to prescribe implementing regulations
  • Direct Secretary to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation takes effect upon signing
  • Secretary of Defense authorized to exercise delegated authorities

Near term (90d)

  • Secretary to prescribe implementing regulations
  • Secretary to arrange funding from proper appropriations
  • Secretary to publish memorandum in Federal Register

Long term

  • Ongoing use of delegated authorities for National Guard officer management and active duty assignments

Risks & tensions

  • Unclear whether advance authorization for command succession could create ambiguity in chain of command during transitions
  • Dual-status officers (Regular + National Guard) may create personnel management complexity
  • Superseding 2004 delegation without explicit mention of section 315 authority in prior delegation suggests expansion of delegated powers
Presidential Memorandum: Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code · Executive Orders