[Weekly Compilation of Presidential Documents Volume 40, Number 21 (Monday, May 24, 2004)]
[Pages 932-933]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13341--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

May 20, 2004

    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

[[Page 933]]

(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.''
      
                                                George W. Bush
 The White House,
 May 20, 2004.

 [Filed with the Office of the Federal Register, 10:09 a.m., May 24, 
2004]

      

Note: This Executive order will be published in the Federal Register on 
May 25.