Presidential DocumentExecutive Order 141062023-17832
United States Coast Guard Officer Personnel Management
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
August 17, 2023
Signed
August 14, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Presidential Documents]
[Pages 55905-55907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17832]
Presidential Documents
Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 55905]]
Executive Order 14106 of August 14, 2023
United States Coast Guard Officer Personnel
Management
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, and in order to delegate certain functions
concerning the appointment, promotion, separation, and
retirement of commissioned officers of the United
States Coast Guard, it is hereby ordered as follows:
Section 1. The Secretary of Homeland Security is
directed to perform, without approval, ratification, or
other action by the President, the following functions
vested in the President:
(a) the authority vested in the President by
section 2118(a) of title 14, United States Code, to
approve, modify, or disapprove the report of a
selection board;
(b) the authority vested in the President by
sections 2118(b) and 2122(a) of title 14, United States
Code, to remove a name of an officer from a selection
board report or a list of selectees;
(c) the authority vested in the President by
section 2101 of title 14, United States Code, to
appoint officers from the categories described in
section 2101(a)(1) of title 14, United States Code, to
the grades of ensign, lieutenant (junior grade), and
lieutenant, and to accept the resignations of officers
appointed pursuant to section 2101 of title 14, United
States Code;
(d) the authority vested in the President by
section 2121(e) of title 14, United States Code, to
appoint officers in the grades of lieutenant (junior
grade) and lieutenant;
(e) the authority vested in the President by
section 2104(a) of title 14, United States Code, to
make temporary appointments not above lieutenant in the
Regular Coast Guard and Coast Guard Reserve;
(f) the authority vested in the President by
section 2150(f) of title 14, United States Code, to
approve the report of a board convened to recommend for
continuation on active duty officers serving in the
grade of captain;
(g) the authority vested in the President by
section 571(b) of title 10, United States Code, to
appoint by commission regular chief warrant officers in
the Coast Guard; and
(h) the authority vested in the President by
sections 12241(b) and 571(b) of title 10, United States
Code, to appoint by commission reserve chief warrant
officers in the Coast Guard.
Sec. 2. (a) During a time of war or national emergency,
the Secretary of Homeland Security is directed to
perform the authority vested in the President by
section 2125 of title 14, United States Code, to
suspend the operation of any law relating to the
selection, promotion, or involuntary separation of
officers of the Coast Guard, and to temporarily promote
officers serving on active duty and chief warrant
officers serving on active duty, as authorized by
section 2125 of title 14, United States Code, without
the approval, ratification, or other action by the
President.
(b) During a time of war or national emergency, the
Secretary of Homeland Security is directed to perform
the authority vested in the President by section 3733
of title 14, United States Code, to suspend the
operation of subchapter II of chapter 37 of title 14,
United States Code, concerning
[[Page 55906]]
officers of the Coast Guard Reserve without the
approval, ratification, or other action by the
President.
(c) The authority delegated to the Secretary of
Homeland Security by this section may not be exercised
during the time of a national emergency declared by the
President, unless the exercise of any such authority is
specifically directed by the President in accordance
with section 301 of the National Emergencies Act (50
U.S.C. 1631).
(d) The Secretary of Homeland Security shall ensure
that actions taken pursuant to the authority delegated
by this section are accounted for as required by
section 401 of the National Emergencies Act (50 U.S.C.
1641).
Sec. 3. All actions heretofore taken by the President
with respect to the matters affected by this order and
in force at the time of issuance of this order,
including any regulations prescribed or approved by the
President with respect to such matters, shall, except
as they may be inconsistent with the provisions of this
order, remain in effect until amended, modified, or
revoked pursuant to the authority conferred by this
order.
Sec. 4. As used in this order, the term ``functions''
embraces duties, powers, responsibilities, authority,
or discretion, and the term ``perform'' may be
construed to mean ``exercise.''
Sec. 5. Whenever the entire Coast Guard operates as a
service in the Navy, the references to the Secretary of
Homeland Security in sections 1 and 2 of this order
shall be deemed to be references to the Secretary of
Defense.
Sec. 6. If any provision of this order or the
application of such provision is held to be invalid,
the remainder of this order and other dissimilar
applications of such provision shall not be affected.
Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 55907]]
(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, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
August 14, 2023.
[FR Doc. 2023-17832
Filed 8-16-23; 8:45 am]
Billing code 3395-F3-P
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</html>Indexed from Federal Register on August 17, 2023.
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