[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 [www.gpo.gov]
[FR Doc No: 2023-17832]


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  Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / 
Presidential Documents  

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 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 14, 2023.

[FR Doc. 2023-17832
Filed 8-16-23; 8:45 am]
Billing code 3395-F3-P