EXECUTIVE
ORDER
EO 13358
Effective Date: September 30, 2004

Responsible Office: Office of the Administrator
Subject: Assignment of Functions Related to Certain Appointments, Promotions, and Commissions in the Armed Forces

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.
		

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