[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13358]

EO 13358

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

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          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.

George W. Bush

The White House,

September 28, 2004.

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Executive Order 13359 of October 20, 2004