Presidential DocumentExecutive Order 1335804-22212
Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2004
Signed
September 28, 2004
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 69 Issue 189 (Thursday, September 30, 2004)</title>
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[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Presidential Documents]
[Pages 58797-58798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 04-22212]
[[Page 58795]]
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Part VII
The President
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Executive Order 13358--Assignment of Functions Relating to Certain
Appointments, Promotions, and Commissions in the Armed Forces
Presidential Documents
Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 58797]]
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.
[[Page 58798]]
(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.
[FR Doc. 04-22212
Filed 9-29-04; 11:31 am]
Billing code 3195-01-P
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</html>Indexed from Federal Register on September 30, 2004.
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