Further Amendment to Executive Order 11023, Providing for the Performance by the Secretary of Commerce of Certain Functions Relating to the National Oceanic and Atmospheric Administration

Executive Order 13341 of May 20, 2004

Further Amendment to Executive Order 11023,
Providing for the Performance by the Secretary of
Commerce of Certain Functions Relating to the National
Oceanic and Atmospheric Administration

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. As a result of the enactment of the National
Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372), the
following conforming amendments are made to Executive
Order 11023 of May 28, 1962, as amended:

    (a) In section 1(a), delete “section 6(b) of the
Coast and Geodetic Survey Commissioned Officers Act of
1948 (62 Stat. 298; 33 U.S.C. 853e(b))” and insert in
lieu thereof: “section 223(b) of the National Oceanic
and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (Public Law 107-372; 33 U.S.C.
3023(b))”.
    (b) In section 1(b), delete “section 12(a) of the
Coast and Geodetic Survey Commissioned Officers Act of
1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(a))”
and insert in lieu thereof: “section 229(a) of the
National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3029(a))”.
    (c) In section 1(c), delete “section 12(b) of the
Coast and Geodetic Survey Commissioned Officers Act of
1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(b))”
and insert in lieu thereof: “section 229(b) of the
National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3029(b))”.
    (d) In section 1(d), delete “section 12(c) of the
Coast and Geodetic Survey Commissioned Officers Act of
1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(c))”
and insert in lieu thereof: “section 229(c) of the
National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3029(c))”.
    (e) Section 1(e) shall be revised to read as
follows: “The authority vested in the President by
section 243(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372; 33 U.S.C. 3043(b)), to defer the
retirement of an officer of the National Oceanic and
Atmospheric Administration serving in a rank above that
of captain who has attained 62 years of age, but such a
deferment may not extend beyond the first day of the
month in which the officer becomes 64 years of age.”
    (f) Section 1(f) shall be revised to read as
follows: “The authority vested in the President by
section 244 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372; 33 U.S.C. 3044), to retire from
the active service any commissioned officer of the
National Oceanic and Atmospheric Administration, upon
his own application, who has completed 20 years of
active service, of which at least 10 years was service
as a commissioned officer.”
    (g) In section 1(g), delete “section 23(a) of the
Coast and Geodetic Survey Commissioned Officers Act of
1948, as amended (75 Stat. 506; 33 U.S.C.

853t(a))” and insert in lieu thereof: “section
221(a)(4) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372; 33 U.S.C. 3021(a)(4))”.
    (h) In section 1(h), delete “section 1(1) of the
Act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-
1(1))” and insert in lieu thereof: “section 230(b)(1)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3030(b)(1))”.
    (i) In section 1(i), delete “section 1(2) of the
Act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-
1(2))” and insert in lieu thereof: “section 230(b)(2)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3030(b)(2))”.
    (j) Section 1(j) shall be revised to read as
follows: “The authority contained in section 230(b)(3)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3030(b)(3)), to appoint temporarily in
all grades to which original appointments in the
National Oceanic and Atmospheric Administration are
authorized to fill vacancies caused by transfer of
officers to the military departments.”
    (k) In section 1(k), delete “section 16 of the Act
of May 22, 1917 (40 Stat. 87; 33 U.S.C. 855)” and
insert in lieu thereof: “section 251 of the National
Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372; 33
U.S.C. 3061)”, and delete the word “personnel” in
the two places in which it appears and insert in lieu
thereof: “officers”.

Sec. 2. Section 1(m) is added to Executive Order 11023
to read as follows: “(m) The authority vested in the
President by Public Law 96-215, as amended (10 U.S.C.
716(a)), to transfer any commissioned officer with his
consent from his uniformed service to, and appoint him
in, the National Oceanic and Atmospheric
Administration, provided consent for the transfer is
given by the Secretary of Defense, the Secretary of
Homeland Security, or the Secretary of Health and Human
Services, as applicable, in accordance with joint
regulations issued under that statute establishing the
policies and procedures for such transfers and
appointments.”

    (Presidential Sig.)B

THE WHITE HOUSE,

    May 20, 2004.