For Immediate Release
Office of the Press Secretary
May 20, 2004
Executive Order
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 appoint-ments 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."
GEORGE W. BUSH
THE WHITE HOUSE,
May 20, 2004.
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