Reorganization Plan No. 4 of 1970

2090

REORGANIZATION PLAN NO. OF
Reorganization Plan No. 4 of
of

in
Of chapter

80

SECTION 1.

assembled,
Of

to
of
The
to the Secretary of Commerce :
in the Bureau of
(a) ,411 functions vested by
of the Department of the Interior or in its head,
all functions vested by law in the Secretary of the

the Department of the

which are administered through
or are primarily related to the Bureau, exclusive of
respect to (1) Great Lakes fishery research and activities
to the Great Lakes Fisheries Commission, (2) Missouri River
roir research, (3) the Gulf Breeze Biological Laboratory of
said Bureau at Gulf Breeze, Florida, and (4) Trans-Alaska
investigations.
Secretary of the Interior
(b) The functions vested in
of September
(Public
relating to migratory marine
of game fish).
(c) The functions
by law in the Secretary of the Interior,
or
Department of the Interior or in any officer or instrumentality of that Department, which are administered through the
Minerals Technology Center of the Bureau of Mines.
functions vested in the
Science Foundation
(d)
the National Sea. Grant College and Program Act of 1966 (80 Stat.
as amended (33 U.S.C. 1121 et seq.).
(e) Those functions
in the Secretary of Defense or in any
officer, employee, or organizational entity of the Department of DeStat. 326, under the
fense by the provision of Public
91-144,
heading “Operation and maintenance, general”
respect to “surveys and charting of northern and northwestern lakes and connecting
or by other
which come under the mission assigned as of
July
1969, to the United States Army Engineer District, Lake
Corps of Engineers, Department of the Army and relate to
(1) the conduct of hydrographic surveys of the Great Lakes and their
‘York State Barge Canals, and
rivers, Lake Champlain,
and the compilation and publithe Minnesota-Ontario border
cation of navigation charts, including recreational aspects, and
Great Lakes Pilot for the benefit and use of the public, (2) the conception, planning, and conduct of basic research and development in
fields of water motion, water characteristics, water quantity, and
ice and
and (3) the publication of data and the results of research projects in forms useful to the Corps of Engineers and
public, and
operation of a Regional Data Center for the collection.
coordmation, analysis, and the furnishing to interested agencies of
data
to mater resources of the Great Lakes.
(f) So much of the functions of the transferor officers and agencies
referred
in or affected by the foregoing provisions of this section as
or necessary for
performance by or under the Secreis incidental
tary of Commerce of the
by those provisions or
relates primarily to those
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.

S

TAT

.]

PLAN

OF

SEC.
of
(a) There is hereby established in the Department of Commerce an agency
shall be known
as the National Oceanic and
Admmistmtion, hereinafter
referred to as the “Administration.”
(b) There shall be at the head of the Administration the
trator of the National Oceanic and Atmospheric
hereinafter referred to as the
The Administrator shall
be
by the President, by and with the advice
of
the Senate, and shall be compensated at the rate now or hereafter
provided for Level III of the Esecutive 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
Senate, and shall be compensated at the rate
or hereafter provided for
IV of the Executive Schedule Pay Rates
U.S.C.
5315). The Deputy Administrator shall perform such functions as the
shall from time to
or delegate, and shall
act as Administrator during the absence or.
of the
trator or in the event of a vacancy in the office of Administrator.
(d) There shall be in the Administration an Associate Administrator of the National Oceanic and
Aclministration 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
for Level V of the Executive Schedule Pay Rates
U.S.C.

shall perform

functions as
The Associate
the Administrator shall from time to time
or delegate, and shall
act as Administrator
the absence or
of the Administrator and Deputy
The office of Associate Administrator may be filled at the discretion of the President by appointment
(by and with the advice and consent of the Senate) from the active
list of commissioned officers of the Administration in which case the
a vacancy on the active list and while holding
appointment shall
the office of Associate
officer shall
rank, pay,
vice admiral.
not
three additional officers
(e) There shall be in the
who shall perform such functions as the Administrator shall from
time to time assign or delegate. Each such officer shall be appointed by
the
subject to the approval of the President, under the classified civil service, shall have such title as the Secretary shall from time
to time determine, and shall receive compensation at the rate now or
provided for Level V of the Esecutive Schedule Pay Rates
(f) The President may appoint in the Administration, by and
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
designate one such officer as the head of such an organizational

and
other as

head of the commissioned corps of the AdAny such designation shall create a vacancy on the active
list and the officer while serving under this subsection shall have the
pay,
allowances of a rear
(upper half).

2091

REORGANIZATION PLAN NO. 4 OF 1970

5 USC

STAT.

conlmissionecl officer of the
n-ho has served
under (d) or (f) and
while so serving or is retired after
the completion of
service while serving in a lower rank or grade
shall be retired
rank, pay, and allowances authorized by
for the
grade and rank held by him
any such officer, upon
of his appointment in rank above that of captain, shall,
unless appointed or assigned to some other position for which
rank or grade is provided, revert to the
he would
and
have occupied had he not served in a
above that of captain and
such officer shall be an extra number in that grade.
SEC. 3. Performance of
The provisions of
sections 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.
(a) So much of the personnel, propSEC. 4. Incidental
erty, records, and
balances of appropriations, allocations,
and
funds employed, used, held, available, or to be made available
in connection v&h
functions transferred to the Secretary of ComOffice of
merce by this reorganization plan as the Director of
transferred to the Deand Budget, shall determine shall
partment of Commerce
such time or times as the Director shall
direct.
Such further measures and
as the
of the
of Management and Budget shall deem to be necessary in order
to effectuate the
referred to in subsection (a) of this section
shall be carried out in such manner as
shall direct and by such
agencies as he shall designate.
(c)
personnel, property, records, and unexpended balances of
and other funds of the Environmental
Services Administration shall become personnel, property,
National
and Atmosrecords, and unexpended balances of
pheric
or of such
organizational entity or entities of
Department of Commerce as the Secretary of Commerce
shall determine.
Environmental Science
(d) The Commissioned Officer Corps of
Services Administration shall
the Commissioned Officer Corps
of the National Oceanic and Atmospheric
Members
of
Corps, including those appointed
shall be
to all rights, privileges, and benefits heretofore available under any law
to commissioned officers of the Environmental Science Services
including those rights, privileges, and benefits heretofore
accorded by
commissioned officers of the former Coast and
Geodetic Survey.
balances of
(e)
personnel, property, records, and
appropriations,
and other funds of the. Bureau of Commercial Fisheries not otherwise transferred shall become personnel,
property, records, and unexpended balances of such organizational
or entities of the Department of the Interior as the Secretary
of
Interior shall
(a) The President may authorize any
S EC .
person
immediately prior to the effective date of this
tion plan held a position in the
branch of
Government
act as
until
office of
is for
first time filled pursuant to provisions of this reorganization plan or
by recess
as the case may be.

84 STAT.]

REORGANIZATION PLAN NO. 40F 1970

(b) The President may similarly authorize any such person to
Deputy Administrator
authorize any such person to act as
Administrator.
similarly nuthorize member of the former
The President
Commissioned Officer Corps of the Environmental Science Services
Administration to
the head of one principal constituent organizational entity of the Administration.
(d) The President
authorize
person who serves in an
under the foregoing provisions of this section to receive
compensation attached to
office in respect of
he so serves.
Such compensation, if
be in lieu of, but not in addito which such
tion to, other compensation from the United
be entitled.
person
S E C . 6.
(n) Subject to the provisions of this

plnn,

following, exclusive of any
hereby
abolished :
(1) The Environmental Science Services Administration in the

of Commerce

by
Plan
of 1965,
including the offices of
of the 5 USC
Environmental Science Services Administration
Deputy Administrator of the
Science Services
(2) The Bureau of Commercial Fisheries in the Department of
the Interior (16 U.S.C.
including the office of Director of the
Bureau of Commercial Fisheries.
(b) Such provisions
mny be necessary with respect to

outstandin

bc made by the Secretary of Commerce
in the case of the Environmental Science Services Administration
by the Secretary of the Interior in the
of
Bureau of Commercial Fisheries.

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