Executive Order 9363—Redistributing Certain Functions of the Secretary of War and the Judge Advocate General With Respect to Certain Court-Martial Cases

Whereas the burden of duties upon the Secretary of War and the Judge Advocate General is becoming increasingly heavy because of the pressure of war conditions; and

Whereas the national security and defense, the successful prosecution of the war, and the more efficient administration by the principal officials of the War Department and the Judge Advocate General of their respective offices will be facilitated if certain functions, duties, and powers are exercised by appropriate principal or subordinate officials of the War Department, and other officers of the Judge Advocate General's Department as the case may be.

Now, Therefore, by virtue of the authority vested in me by the Constitution and the laws of the United States, particularly by Title I of the First War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838), and as President of the United States and Commander in Chief of the Army of the United States, it is hereby ordered as follows:

1. Subject to such regulations as the Secretary of War may prescribe, the Under Secretary of War and the Assistant Secretary of War are authorized, respectively, to exercise and perform all functions, duties, and powers conferred upon the Secretary of War or the Acting Secretary of War by Article of War 50 1/2 as amended.

2. Subject to such regulations as the Secretary of War may prescribe, the Assistant Judge Advocate General in charge of military justice matters is authorized to exercise and perform all functions, duties, and powers conferred upon the Judge Advocate General by Article of War 46 and by the second, third, fourth, and fifth paragraphs of Article of War 50 1/2.

3. There are hereby transferred to the Under Secretary of War, the Assistant Secretary of War, an the Assistant Judge Advocate General in charge of military justice matters such functions, duties, and powers of the Secretary of War and the Judge Advocate General as may be necessary to effectuate the provisions of this order; but nothing contained in this order shall be deemed to limit or restrict the power and right on the part of the Secretary of War or the Judge Advocate General, in their discretion, to exercise or perform any of the functions, duties, or powers heretofore possessed by or vested in them.

4. The functions, duties, and powers herein transferred or delegated may be exercised and performed by the officials to whom such transfers and delegations are made without the necessity of any signature, approval, ratification, or other act by higher authority, except to the extent required by such regulations as may be prescribed by the Secretary of War; and all officers, officials, and employees of the United States including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those to whom transfers and delegations are made hereunder as if done by the person or persons in whom the functions, duties, and powers were vested prior to such transfers and delegations.

FRANKLIN D ROOSEVELT

The White House,
July 23, 1943.