Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces
Signed September 28, 2004·George W. Bush·69 FR 58797
Source
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Plain-language summary
Assigns the Secretary of Defense and the Secretary of Homeland Security to carry out certain presidential functions under specific provisions of title 10 and title 14 of the United States Code concerning appointments, promotions, and commissions in the armed forces. The Secretary of Defense handles these functions generally, except for the Coast Guard when it is not operating as part of the Navy, in which case the Secretary of Homeland Security handles them, with some exceptions involving higher officer grades such as brigadier general, rear admiral, and above. Both secretaries may delegate these functions to Senate-confirmed civilian officers within their departments, though certain functions cannot be reassigned or can only be reassigned to specific offices. The order took effect October 1, 2004, and states it does not limit the President's constitutional authority over appointments or create enforceable legal rights for outside parties.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered
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The order, in full
Executive Order 13358 of September 28, 2004
Assignment of Functions Relating to Certain
Appointments, Promotions, and Commissions in the Armed
Forces
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. Assignment of Functions to the Secretary of
Defense. The Secretary of Defense shall perform, except
with respect to the Coast Guard during any period in
which it is not operating as a service in the Navy, the
functions of the President under the following
provisions of title 10, United States Code:
(a) subsection 1521(a);
(b) the first sentence of subsection 12203(a);
(c) the first sentence of subsection 14111(a),
except with respect to reports relating to the grades
of brigadier general or above, or rear admiral (lower
half) or above; and
(d) subsection 14310(a), except with respect to
removals relating to a promotion list for grades of
brigadier general or above, or rear admiral (lower
half) or above.
Sec. 2. Assignment of Functions to the Secretary of
Homeland Security. The Secretary of Homeland Security
shall perform, with respect to the Coast Guard during
any period in which it is not operating as a service in
the Navy, the functions assigned to the President by
the following provisions of the United States Code:
(a) subsection 1521(a) of title 10;
(b) the first sentence of subsection 12203(a) of
title 10;
(c) subsection 729(g) of title 14, except with
respect to approval of, or removal of a name from, a
report relating to the grades of rear admiral (lower
half) or above; and
(d) subsection 738(a) of title 14, except with
respect to removals relating to a promotion list for
grades of rear admiral (lower half) or above.
Sec. 3. Reassignment of Functions Assigned. The
Secretary of Defense and the Secretary of Homeland
Security may reassign the functions assigned to them by
this order to civilian officers, within their
respective departments, who hold a position for which
the President makes an appointment by and with the
advice and consent of the Senate, except that the
Secretary of Defense and the Secretary of Homeland
Security may not reassign the functions assigned by
sections 1(b) and 2(b), respectively. The Secretary of
Defense may not reassign the function assigned by
section 1(c) of this order except to such an officer
within the Office of the Secretary of Defense (as
defined in section 131(b) of title 10).
Sec. 4. General Provisions. (a) This order shall take
effect on October 1, 2004.
(b) Nothing in this order shall be construed to
limit or otherwise affect the authority of the
President as Commander in Chief of the Armed Forces of
the United States, or under the Constitution and laws
of the United States to nominate or to make or
terminate appointments.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, entities,
officers, employees or agents, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
September 28, 2004.Reproduced from the Federal Register plain-text record, signed September 28, 2004. Typesetting artifacts are removed; no wording is changed.