Federal Register

Executive Order 10621--Delegation of certain functions of the President to the Secretary of Defense

Source: The provisions of Executive Order 10621 of July 1, 1955, appear at 20 FR 4759, 3 CFR, 1954-1958 Comp., p. 259, unless otherwise noted.

By virtue of the authority vested in me by section 301 of title 3 of the United States Code (65 Stat. 713), and as President of the United States, it is ordered as follows:

Section 1. The Secretary of Defense, and, as designated by the said Secretary for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the military departments, are hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President:
(a) The authority vested in the President by the act of March 3, 1901, c. 852, 31 Stat. 1107, 1133 (34 U.S.C. 451), to establish and modify, as the needs of the service may require, a classification of vessels of the Navy, and to formulate appropriate rules governing assignments to command of vessels and squadrons.
(b) The authority vested in the President by the act of August 22, 1912, c. 335, 37 Stat. 328, 331 (34 U.S.C. 184, 195), to approve regulations of the Secretary of the Navy under which any enlisted man may be discharged within three months before the expiration of the term of his enlistment, and under which an enlisted man may voluntarily extend the term of his enlistment.
(c) The authority vested in the President by the act of May 22, 1928, c. 688, 45 Stat. 712 (34 U.S.C. 885), to approve regulations governing the advancement of public funds to naval personnel when required to meet expenses of officers and men detailed on emergency shore duty.
(d) The authority vested in the President by the act of June 22, 1938, c. 567, 52 Stat. 839, as amended (5 U.S.C. 425a), section 201(a) of the act of August 25, 1941, c. 409, 55 Stat. 680 (5 U.S.C. 471), section 3 of the act of December 28, 1945, c. 604, 59 Stat. 666, as amended (5 U.S.C. 456c), section 2 of the act of August 1, 1946, c. 727, 60 Stat. 779 (5 U.S.C. 475a), and section 7(a) of the act of March 5, 1948, c. 98, 62 Stat. 68 (5 U.S.C. 423g), to authorize, in his discretion, for any officer of the Regular Navy or Marine Corps who retires while serving as Chief of Naval Operations, as Chief of a Bureau of the Navy Department, as Judge Advocate General of the Navy, as Commandant of the Marine Corps, as Director of Budgets and Reports, as Chief of the Dental Division, as Chief of Naval Research, or as Chief of Naval Material, or while serving in a lower rank if he has previously served in any of such offices two and one-half years or more, retirement in the highest grade or rank in which he so served and with retired pay based on that rank.
(e) The authority vested in the President by the act of June 15, 1940, c. 374, 54 Stat. 400 (34 U.S.C. 639a), to prescribe from time to time the number of warrant and commissioned warrant officers for the Marine Corps.
(f) The authority vested in the President by the act of June 24, 1941, c. 231, 55 Stat. 260 (34 U.S.C. 493b), to approve the use for experimental purposes of vessels of the United States Navy stricken from the Navy Register pursuant to the act of August 5, 1882, 22 Stat. 296, as amended (34 U.S.C. 491).
(g) The authority vested in the President by section 302 of the act of June 22, 1944, c. 268, 58 Stat. 287 (38 U.S.C. 693i), to approve or disapprove the proceedings and decisions of boards of review established under that section by the Secretary of the Army, the Secretary of the Air Force, or the Secretary of the Navy, and to issue orders in such cases.
(h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985, 5 U.S.C. 5702(a), to establish maximum rates of per diem allowances and reimbursements for the actual and necessary expenses of official travel for employees of the Government to the extent that such authority pertains to travel status in localities in Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of the United States.

[Sec. 1 amended by EO 11294 of Aug. 4, 1966, 31 FR 10601, 3 CFR, 1966-1970 Comp., p. 569; EO 12396 of Dec. 9, 1982, 47 FR 55897, 3 CFR, 1982 Comp., p. 234; EO 12561 of July 1, 1986, 51 FR 24299, 3 CFR, 1986 Comp., p. 220]

Sec. 2. The Secretary of Defense, and, as designated by the said Secretary for this purpose, the Deputy Secretary of Defense and any of the Assistant Secretaries of Defense, are hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President:
(a) The authority vested in the President by section 1547 of the Revised Statutes of the United States (34 U.S.C. 591) to approve alterations made by the Secretary of the Navy in Navy Regulations.
(b) The authority vested in the President by section 1 of the act of April 9, 1906, c. 1370, 34 Stat. 104 (34 U.S.C. 1062), to approve the dismissal by the Secretary of the Navy of a midshipman from the United States Naval Academy.

Sec. 3. All actions heretofore taken by the President with respect to the matters affected by this order and in force and effect at the time of the 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 force and effect until amended, modified, or revoked pursuant to the authority conferred by this order.

Sec. 4. As used in this order, the term "functions" includes duties, powers, responsibilities, authority, and discretion, and the term "perform" may be construed to mean "exercise".


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