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[Reorg.
Plan No. 4, 5 U.S.C. app. at 1557-61 (1994)]
Reorganization Plan No. 4 of
1970
Eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as
amended Pub. L. 94-461, § 4(c)(1), Oct. 8, 1976, 90 Stat. 1969; Pub.
L. 95-219, § 3(a)(1), Dec. 28, 1977, 91 Stat. 1613; Pub. L. 98-498,
Title III, § 320 (c)(3), Oct. 19, 1984, 98 Stat. 2309; Pub. L. 99-659,
Title IV, § 407(d), Nov. 14, 1986, 100 Stat. 3739.
Prepared by the President and transmitted to the Senate
and the House of Representatives in Congress assembled, July 9, 1970,
pursuant to the provisions of chapter 9 of title 5 of the United States
Code.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
SECTION 1. Transfers to Secretary of Commerce. The
following are hereby transferred to the Secretary of Commerce:
(a) All functions vested by law in the Bureau of Commercial
Fisheries of the Department of the Interior or in its head, together
with all functions vested by law in the Secretary of the Interior or
the Department of the Interior which are administered through that Bureau
or are primarily related to the Bureau, exclusive of functions with
respect to (1) Great Lakes fishery research and activities related to
the Great Lakes Fisheries Commission, (2) Missouri River Reservoir research,
(3) the Gulf Breeze Biological Laboratory of the said Bureau at Gulf
Breeze, Florida, and (4) Trans-Alaska pipeline investigations.
(b) The functions vested in the Secretary of the Interior
by the Act of September 22, 1959 (Public Law 86-359, 73 Stat. 642, 16
U.S.C. 760e-760g; relating to migratory marine species of game fish).
(c) The functions vested by law in the Secretary of
the Interior, or in the Department of the Interior or in any officer
or instrumentality of that Department, which are administered through
the Marine Minerals Technology Center of the Bureau of Mines.
(d) All functions vested in the National Science Foundation
by the National Sea Grant College and Program Act of 1966 (80 Stat.
998), as amended (33 U.S.C. 1121 et seq.).
(e) Those functions vested in the Secretary of Defense
or in any officer, employee, or organizational entity of the Department
of Defense by the provision of Public Law 91-144, 83 Stat. 326, under
the heading "Operation and maintenance, general" with respect to "surveys
and charting of northern and northwestern lakes and connecting waters,"
or by other law, which come under the mission assigned as of July 1,
1969, to the United States Army Engineer District, Lake Survey, Corps
of Engineers, Department of the Army and relate to (1) the conduct of
hydrographic surveys of the Great Lakes and their outflow rivers, Lake
Champlain, New York State Barge Canals, and the Minnesota-Ontario border
lakes, and the compilation and publication of navigation charts, including
recreational aspects, and the Great Lakes Pilot for the benefit and
use of the public, (2) the conception, planning, and conduct of basic
research and development in the fields of water motion, water characteristics,
water quantity, and ice and snow, and (3) the publication of data and
the results of research projects in forms useful to the Corps of Engineers
and the public, and the operation of a Regional Data Center for the
collection, coordination, analysis, and the furnishing to interested
agencies of data relating to water resources of the Great Lakes.
(f) So much of the functions of the transferor officers
and agencies referred to in or affected by the foregoing provisions
of this section as is incidental to or necessary for the performance
by or under the Secretary of Commerce of the functions transferred by
those provisions or relates primarily to those functions. The transfers
to the Secretary of Commerce made by this section shall be deemed to
include the transfer of authority, provided by law, to prescribe regulations
relating primarily to the transferred functions.
SEC. 2. Establishment of Administration. (a) There
is hereby established in the Department of Commerce an agency which
shall be known as the National Oceanic and Atmospheric Administration,
hereinafter referred to as the "Administration."
(b) There shall be at the head of the Administration
the Administrator of the National Oceanic and Atmospheric Administration,
hereinafter referred to as the "Administrator." The Administrator shall
be appointed by the President, by and with the advice and consent of
the Senate, and shall be compensated at the rate now or hereafter provided
for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).
(c) There shall be in the Administration a Deputy Administrator
of the National Oceanic and Atmospheric Administration who shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall be compensated at the rate now or hereafter provided
for Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The
Deputy Administrator shall perform such functions as the Administrator
shall from time to time assign or delegate, and shall act as Administrator
during the absence or disability of the Administrator or in the event
of a vacancy in the office of Administrator.
(d) There shall be in the Administration a Chief Scientist
of the National Oceanic and Atmospheric Administration who shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall be compensated at the rate now or hereafter provided
for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). The
Chief Scientist shall be the principal scientific adviser to the Administrator,
and shall perform such other duties as the Administrator may direct.
The Chief Scientist shall be an individual who is, by reason of scientific
education and experience, knowledgeable in the principles of oceanic,
atmospheric, or other scientific disciplines important to the work of
the Administration.
(e)(1) There shall be in the Administration a General
Counsel and five Assistant Administrators, one of whom shall be the
Assistant Administrator for Coastal Zone Management and one of whom
shall be the Assistant Administrator for Fisheries. The General Counsel
and each Assistant Administrator shall be appointed by the Secretary,
subject to approval of the President, and shall be compensated at a
rate now or hereafter provided for Level V of the Executive Schedule
Pay Rates (5 U.S.C. 5316).
(2) The General Counsel shall serve as the chief legal
officer for all legal matters which may arise in connection with the
conduct of the functions of the Administration.
(3) The Assistant Administrator for Coastal Zone Management
shall be an individual who is, by reason of background and experience,
especially qualified to direct the implementation and administration
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(4) The Assistant Administrator for Fisheries shall
be responsible for all matters related to living marine resources which
may arise in connection with the conduct of the functions of the Administration.
(f) The President may appoint in the Administration,
by and with the advice and consent of the Senate, two commissioned officers
to serve at any one time as the designated heads of two principal constituent
organizational entities of the Administration, or the President may
designate one such officer as the head of such an organizational entity
and the other as the head of the commissioned corps of the Administration.
Any such designation shall create a vacancy on the active list and the
officer while serving under this subsection shall have the rank, pay,
and allowances of a rear admiral (upper half).
(g) Any commissioned officer of the Administration
who has served under (d) or (f) and is retired while so serving or is
retired after the completion of such service while serving in a lower
rank or grade, shall be retired with the rank, pay, and allowances authorized
by law for the highest grade and rank held by him; but any such officer,
upon termination of his appointment in a rank above that of captain,
shall, unless appointed or assigned to some other position for which
a higher rank or grade is provided, revert to the grade and number he
would have occupied had he not served in a rank above that of captain
and such officer shall be an extra number in that grade.
Sec. 3. Performance of transferred functions. The provisions
of sections 2 and 4 of Reorganization Plan No. 5 of 1950 (64 Stat. 1263)
shall be applicable to the functions transferred hereunder to the Secretary
of Commerce.
SEC. 4 Incidental transfers. (a) So much of the personnel,
property, records, and unexpended balances of appropriations, allocations,
and other funds employed, used, held, available, or to be made available
in connection with the functions transferred to the Secretary of Commerce
by this reorganization plan as the Director of the Office of Management
and Budget shall determine shall be transferred to the Department of
Commerce at such time or times as the Director shall direct.
(b) Such further measures and dispositions as the Director
of the Office of Management and Budget shall deem to be necessary in
order to effectuate the transfers referred to in subsection (a) of this
section shall be carried out in such manner as he shall direct and by
such agencies as he shall designate.
(c) The personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds of the Environmental
Science Services Administration shall become personnel, property, records,
and unexpended balances of the National Oceanic and Atmospheric Administration
or of such other organizational entity or entities of the Department
of Commerce as the Secretary of Commerce shall determine.
(d) The Commissioned Officer Corps of the Environmental
Science Services Administration shall become the Commissioned Officer
Corps of the National Oceanic and Atmospheric Administration. Members
of the Corps, including those appointed hereafter, shall be entitled
to all rights, privileges, and benefits heretofore available under any
law to commissioned officers of the Environmental Science Services Administration,
including those rights, privileges, and benefits heretofore accorded
by law to commissioned officers of the former Coast and Geodetic Survey.
(e) Any personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds of the Bureau
of Commercial Fisheries not otherwise transferred shall become personnel,
property, records, and unexpended balances of such organizational entity
or entities of the Department of the Interior as the Secretary of the
Interior shall determine.
SEC. 5. Interim officers. (a) The President may authorize
any person who immediately prior to the effective date of this reorganization
plan held a position in the executive branch of the Government to act
as Administrator until the office of Administrator is for the first
time filled pursuant to provisions of this reorganization plan or by
recess appointment, as the case may be.
(b) The President may similarly authorize any such
person to act as Deputy Administrator and authorize any such person
to act as Associate Administrator.
(c) The President may similarly authorize a member
of the former Commissioned Officer Corps of the Environmental Science
Services Administration to act as the head of one principal constituent
organizational entity of the Administration.
(d) The President may authorize any person who serves
in an acting capacity under the foregoing provisions of this section
to receive the compensation attached to the office in respect of which
he so serves. Such compensation, if authorized, shall be in lieu of,
but not in addition to, other compensation from the United States to
which such person may be entitled.
SEC. 6. Abolitions. (a) Subject to the provisions of
this reorganization plan, the following, exclusive of any functions,
are hereby abolished:
(1) The Environmental Science Services Administration
in the Department of Commerce (established by Reorganization Plan No.
2 of 1965, 79 Stat.1318), including the offices of Administrator of
the Environmental Science Services Administration and Deputy Administrator
of the Environmental Science Services Administration.
(2) The Bureau of Commercial Fisheries in the Department of the Interior
(16 U.S.C. 742b), including the office of Director of the Bureau of
Commercial Fisheries.
(b) Such provisions as may be necessary with respect to terminating
any outstanding affairs shall be made by the Secretary of Commerce in
the case of the Environmental Science Services Administration and by
the Secretary of the Interior in the case of the Bureau of Commercial
Fisheries.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1970, prepared in accordance
with chapter 9 of title 5 of the United States Code. The plan would
transfer to the Secretary of Commerce various functions relating to
the oceans and atmosphere, including commercial fishery functions, and
would establish a National Oceanic and Atmospheric Administration in
the Department of Commerce. My reasons for transmitting this plan are
stated in a more extended accompanying message.
After investigation, I have found and hereby declare that each reorganization
included in Reorganization Plan No. 4 of 1970 is necessary to accomplish
one or more of the purposes set forth in section 901(a) of title 5 of
the United States Code. In particular, the plan is responsive to section
901 (a) (1), " to promote the better execution of the laws, the more
effective management of the executive branch and of its agencies and
functions, and the expeditious administration of the public business;"
and section 901 (a) (3), "to increase the efficiency of the operations
of the Government to the fullest extent practicable."
The reorganizations provided for in the plan make necessary the appointment
and compensation of new officers as specified in section 2 of the plan.
The rates of compensation fixed for these officers are comparable to
those fixed for other officers in the executive branch who have similar
responsibilities
The reorganization plan should result in the more efficient operation
of the Government. It is not practical, however, to itemize or aggregate
the exact expenditure reductions which will result from this action.
RICHARD NIXON
THE WHITE HOUSE,
July 9, 1970.
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