Executive Order 12728

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 673c of title 10 of the United States Code and section 301 of title 3 of the United States Code, I hereby order:

Section 1.⁠

The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by section 673c of title 10 of the United States Code (1) to suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces determined to be essential to the national security of the United States, and (2) to determine, for the purposes of said section, that members of the armed forces are essential to the national security of the United States.

Sec. 2.⁠

The authority delegated to the Secretary of Defense and the Secretary of Transportation by this order may be redelegated and further subdelegated to subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate.

Sec. 3.⁠

This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

George Bush⁠

The White House,

August 22, 1990.

Notes

Amended by:

• Executive Order 13286, February 28, 2003