Executive Order 12799—Navy and Marine Corps Reserve Officer Promotions

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 of the United States Code and section 5905(a) of title 10 of the United States Code, and in order to delegate authority to perform a certain function concerning the promotion of commissioned officers of the Naval Reserve and Marine Corps Reserve, it is hereby ordered as follows:

Section 1. The authority vested in the President by section 5905(a) of title 10 of the United States Code to remove the name of any commissioned officer of the Naval Reserve or Marine Corps Reserve from a promotion list is delegated to the Secretary of Defense in cases concerning promotion to any grade below rear admiral (lower half) or brigadier general, without need for approval, ratification, or other action by the President. Nothing in this section shall be deemed to delegate the authority vested in the President by section 5898(c) of title 10 of the United States Code to remove a name from a selection board report.

Sec. 2. The authority delegated to the Secretary of Defense by this order may be redelegated to the Deputy Secretary of Defense, any of the Assistant Secretaries of Defense, or the Secretary of the Navy, who may further subdelegate such authority to subordinates who are appointed to their office by the President, by and with the advice and consent of the Senate.

Sec. 3. With respect to the functions delegated by this order, all prior actions taken for or on behalf of the President that would have been valid if taken pursuant to this order are ratified.

George Bush

The White House,

April 7, 1992.