[Weekly Compilation of Presidential Documents Volume 40, Number 40 (Monday, October 4, 2004)]
[Pages 2172-2173]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13358--Assignment of Functions Relating to Certain 
Appointments, Promotions, and Commissions in the Armed Forces

September 28, 2004

    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

[[Page 2173]]

            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.

 [Filed with the Office of the Federal Register, 11:31 a.m., September 
29, 2004]

Note: This Executive order was published in the Federal Register on 
September 30.