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

This executive order makes technical, conforming amendments to Executive Order 11023 to update statutory citations following passage of the NOAA Commissioned Officer Corps Act of 2002. It delegates presidential authorities related to NOAA officer personnel management—retirement deferrals, voluntary retirements, temporary appointments, and inter-service transfers—to the Secretary of Commerce.

Federal Register Open PDF 69 FR 29843

Key directives

Update E.O. 11023 citations from Coast and Geodetic Survey Act to NOAA Commissioned Officer Corps Act of 2002
Delegate authority to defer retirement of officers above captain rank until age 64 (33 U.S.C. 3043(b))
Delegate authority to retire officers with 20 years active service upon application (33 U.S.C. 3044)
Add authority for inter-service transfers to NOAA with consent of applicable department secretaries (10 U.S.C. 716(a))
Revise temporary appointment authority for vacancies caused by military transfers

Who is ordered

Timeline

Immediate

Statutory citation updates take effect upon signing; delegated authorities become exercisable by Secretary of Commerce

Near term (90d)

Implementation of revised retirement deferral and voluntary retirement procedures

Long term

Ongoing personnel management under updated legal framework; inter-service transfer policies under joint regulations

Risks & tensions

No explicit implementation deadlines or reporting requirements in text
Inter-service transfers require concurrence of multiple cabinet secretaries, creating coordination friction
Text cuts off mid-sentence in section 1(g) citation but intent is clear from context