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.

[[Page 29844]]

                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.