EO 13321Executive OrderG.W. Bush · R

Executive Order 13321

Appointments During National Emergency

This executive order invokes emergency appointment authority under 10 U.S.C. § 603 for the Secretary of Defense, allowing expedited civilian personnel appointments without normal competitive hiring procedures during the ongoing national emergency declared after September 11, 2001.

Impact dates

  1. EO takes effect, emergency appointments authority invoked

Key directives

  • Invoke section 603 of title 10, United States Code emergency appointments authority for Secretary of Defense
  • Apply authority in accordance with Executive Order 12396 of December 9, 1982

Who is ordered

Timeline

Immediate

  • Emergency appointments authority becomes available to Secretary of Defense

Near term (90d)

  • Potential acceleration of DoD civilian hiring processes

Long term

  • Continued availability of emergency hiring authority for duration of national emergency

Risks & tensions

  • No explicit sunset or review mechanism specified in EO text
  • Duration tied to continuation of Proclamation 7463 national emergency, which was extended repeatedly
  • Pre-emptive judicial review bar (Section 2) limits accountability mechanisms
  • Vague: scope and scale of intended hiring surge not quantified
Executive Order 13321: Appointments During National Emergency · Executive Orders