[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13341]
EO 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
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
[[Page 179]]
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,
[[Page 180]]
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.
Executive Order 13342 of June 1, 2004