§ 1511. — Bureaus in Department.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1511]
TITLE 15--COMMERCE AND TRADE
CHAPTER 40--DEPARTMENT OF COMMERCE
Sec. 1511. Bureaus in Department
The following named bureaus, administrations, services, offices, and
programs of the public service, and all that pertains thereto, shall be
under the jurisdiction and subject to the control of the Secretary of
Commerce:
(1) National Oceanic and Atmospheric Administration;
(2) United States Travel and Tourism Administration;
(3) National Institute of Standards and Technology;
(4) United States Patent and Trademark Office \1\
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\1\ So in original. Probably should be followed by a semicolon.
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(5) Bureau of the Census; and
(6) such other bureaus or other organizational units as the
Secretary of Commerce may from time to time establish in accordance
with law.
(Feb. 14, 1903, ch. 552, Secs. 4, 12, 32 Stat. 826, 830; June 17, 1910,
ch. 301, Sec. 4, 36 Stat. 537; Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat.
407; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Jan. 5, 1923, ch. 23,
Sec. 1, 42 Stat. 1109; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415;
Feb. 22, 1934, Ex. Ord. 6611; May 27, 1936, ch. 463, Sec. 1, 49 Stat.
1380; 1939 Reorg. Plan No. II, Secs. 2(a), 4(e), 6, eff. July 1, 1936, 4
F.R. 2731, 53 Stat. 1432; 1940 Reorg. Plan No. IV, Secs. 7, 8, eff. June
30, 1940, 5 F.R. 2422, 54 Stat. 1235, 1236; 1946 Reorg. Plan No. 3,
Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; June 30,
1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Aug. 4, 1949, ch.
393, Sec. 20, 63 Stat. 561; 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug.
19, 1949, 14 F.R. 5228, 63 Stat. 1070; 1950 Reorg. Plan No. 21,
Secs. 101, 106, 201, 15 F.R. 3178, 64 Stat. 1273; Pub. L. 93-498,
Sec. 23, Oct. 29, 1974, 88 Stat. 1549; Pub. L. 93-596, Sec. 3, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 95-422, Sec. 2(c), Oct. 5, 1978, 92 Stat.
932; Pub. L. 97-31, Sec. 12(6), Aug. 6, 1981, 95 Stat. 154; Pub. L. 97-
63, Sec. 4(a)(1), Oct. 16, 1981, 95 Stat. 1014; Pub. L. 100-418, title
V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(6)], Nov. 29, 1999, 113 Stat.
1536, 1501A-583; Pub. L. 106-503, title I, Sec. 110(b), Nov. 13, 2000,
114 Stat. 2302.)
Codification
Section was formerly classified to section 597 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.
Amendments
2000--Pars. (5) to (7). Pub. L. 106-503 inserted ``and'' after
``Census;'' in par. (5), redesignated par. (7) as (6) and struck out
former par. (6) which read as follows: ``United States Fire
Administration; and''.
1999--Pub. L. 106-113 redesignated pars. (a) to (g) as (1) to (7),
respectively, realigned margins, and in par. (4) substituted ``United
States Patent and Trademark Office'' for ``Patent and Trademark
Office;''.
1988--Subsec. (c). Pub. L. 100-418 substituted ``National Institute
of Standards and Technology'' for ``National Bureau of Standards''.
1981--Pars. (c) to (g). Pub. L. 97-31 struck out par. (c) ``Maritime
Administration'' and redesignated pars. (d) to (h) as (c) to (g),
respectively.
1978--Par. (g). Pub. L. 95-422 substituted ``United States Fire
Administration'' for ``National Fire Prevention and Control
Administration''.
1974--Pub. L. 93-498 amended section generally, substituting
reference to Secretary of Commerce for Department of Commerce,
substituting letters for numbers in the designation for enumerated
bodies, and in such enumeration substituted reference to National
Oceanic and Atmospheric Administration, United States Travel Service,
Maritime Administration, National Bureau of Standards, Patent Office,
Bureau of the Census, National Fire Prevention and Control
Administration and such other bureaus or other organizational units as
the Secretary of Commerce may from time to time establish in accordance
with law, for reference to The Bureau of Foreign and Domestic Commerce,
The Bureau of Public Roads, The Civil Aeronautics Authority, The Census
Office, The Coast and Geodetic Survey, The Federal Maritime Board, The
Inland Waterways Corporation, The Maritime Administration, The National
Bureau of Standards, The Patent Office, and The Weather Bureau.
Change of Name
``United States Travel and Tourism Administration'' substituted for
``United States Travel Service'' in par. (b), pursuant to section
4(a)(1) of Pub. L. 97-63, which established United States Travel and
Tourism Administration in place of United States Travel Service,
effective Oct. 1, 1981. See section 2124 of Title 22, Foreign Relations
and Intercourse.
``Patent and Trademark Office'' substituted for ``Patent Office'',
in par. (d) pursuant to section 3 of Pub. L. 93-596, set out as a note
under section 1 of Title 35, Patents.
In order to implement the provisions of Reorganization Plan No. 4 of
1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as amended, set
out below, the following organizational names appearing in chapter IX of
subtitle B of Title 15, Code of Federal Regulations, which covers the
administration of the National Oceanic and Atmospheric Administration,
were changed by order of the Acting Associate Administrator, 35 F.R.
19249, Dec. 19, 1970, as follows: Environmental Science Services
Administration to National Oceanic and Atmospheric Administration (ESSA
to NOAA); Coast and Geodetic Survey to National Ocean Survey; and
Weather Bureau to National Weather Service.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Repeals
Act June 17, 1910, ch. 301, Sec. 4, 36 Stat. 537, cited as a credit
to this section, was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63
Stat. 561.
Act June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415, cited as a
credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept.
6, 1966, 80 Stat. 648 and Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
Stat. 1068, 1074.
Act May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380, cited as a credit
to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6,
1966, 80 Stat. 649.
Transfer of Functions; Organizational History
For transfer of functions, personnel, assets, and liabilities of the
Department of Commerce, including the functions of the Secretary of
Commerce relating thereto, to the Secretary of Homeland Security, and
for treatment of related references, see sections 121(g)(3), 313(2),
551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.
Functions of Secretary of Commerce, Department of Commerce, and
officers and components of Department of Commerce as they related to or
were utilized by Office of Energy Programs within Department of
Commerce, but limited to industrial energy conservation programs,
transferred to, and vested in, Secretary of Energy as part of creation
of Department of Energy by Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565.
See section 7157 of Title 42, The Public Health and Welfare.
For transfer of functions of other officers, employees, and agencies
of Department of Commerce, with certain exceptions, to Secretary of
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a
note under section 1501 of this title.
Public Roads Administration, which was redesignated Bureau of Public
Roads and, with its functions, transferred from Federal Works Agency to
General Services Administration by section 103(a) of act June 30, 1949
(see text of, and Historical and Revision Notes under, section 303(b) of
Title 40, Public Buildings, Property, and Works), was subsequently
transferred to Department of Commerce, and then to Department of
Transportation, by Reorg. Plan No. 7 of 1949, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Federal Maritime Board was created as an agency within Department of
Commerce by Reorg. Plan No. 21 of 1950, Secs. 101, 106, set out in the
Appendix to Title 5, and sections 103 to 105 of the Plan transferred to
Board and its chairman certain functions of former United States
Maritime Commission and chairman thereof. Section 307 of the Plan
provided that functions transferred to Federal Maritime Board and its
chairman should not be subject to the provisions of Reorg. Plan No. 5 of
1950, also eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
note under section 1501 of this title, which, with a few additional
exceptions, transferred functions of all officers, agencies, and
employees of Department of Commerce to Secretary of Commerce, and
authorized him to delegate any functions so transferred, or any of his
other functions, to any of such officers, agencies and employees.
Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R.
7315, 75 Stat. 840, set out in the Appendix to Title 5, abolished
Federal Maritime Board, including offices of members of Board. Functions
of Board transferred either to Federal Maritime Commission, which was
established as an independent body, or to Secretary of Commerce by
sections 103 and 202 of Reorg. Plan No. 7 of 1961.
Maritime Administration, with a Maritime Administrator at its head,
was established in Department of Commerce by Reorg. Plan No. 21 of 1950,
Sec. 201, set out in the Appendix to Title 5, and section 204 of the
Plan transferred certain functions of former United States Maritime
Commission and its Chairman to Secretary of Commerce, with power vested
in Secretary to authorize their performance by Administrator. Section
307 of the Plan provided that functions transferred to Secretary by that
Plan should not be subject to provisions of Reorg. Plan No. 5 of 1950,
also eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in note
under section 1501 of this title, which, with a few additional
exceptions, transferred functions of all other officers, agencies, and
employees of Department of Commerce to Secretary of Commerce, and
authorized him to delegate any functions so transferred, or any of his
other functions, to any of such officers, agencies, and employees.
Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26
F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, abolished
Federal Maritime Board, including offices of members of Board. Functions
of Board transferred either to Federal Maritime Commission, which was
established as an independent body, or to Secretary of Commerce by
sections 103 and 202 of Reorg. Plan No. 7 of 1961.
Maritime Administration of Department of Commerce transferred to
Department of Transportation, and all related functions of Secretary and
other officers and offices of Department of Commerce transferred to
Department of Transportation and vested in Secretary of Transportation,
see section 1601 et seq. of Title 46, Appendix, Shipping.
Community Relations Service transferred from Department of Commerce
to Department of Justice by Reorg. Plan No. 1 of 1966, eff. Apr. 22,
1966, 31 F.R. 6187, 80 Stat. 1607, set out in the Appendix to Title 5.
Department of Commerce, prior to act Mar. 4, 1913, was known as
Department of Commerce and Labor. The following agencies which were
placed under jurisdiction of Department of Commerce and Labor by act
Feb. 13, 1903, which act established the Department, were abolished or
transferred as follows:
Office of United States Shipping Commissioner abolished by Reorg.
Plan No. 3 of 1946, Secs. 101 to 104, eff. July 16, 1946, which
transferred functions to Commandant of Coast Guard and Commissioner of
Customs. See Appendix to Title 5, Government Organization and Employees.
Bureau of Navigation and the Steamboat Inspection Service
consolidated into Bureau of Navigation and Steamboat Inspection by act
June 30, 1932, which name was changed to Bureau of Marine Inspection and
Navigation by act May 27, 1936, cited to text. Bureau abolished and
functions transferred to Commandant of Coast Guard and Commissioner of
Customs by Reorg. Plan No. 3 of 1946. See Appendix to Title 5.
Bureau of Fisheries transferred to Department of the Interior by
section 4(e) of Reorg. Plan No. II of 1939. Reorg. Plan No. II of 1939
is set out in the Appendix to Title 5.
Bureau of Immigration changed to Bureau of Immigration and
Naturalization by act June 29, 1906, ch. 3592, Sec. 1, 34 Stat. 596.
Commissioner General of Immigration, Commissioners of Immigration, and
Bureau of Immigration and Naturalization, transferred to Department of
Labor by act Mar. 4, 1913. Subsequently, by Ex. Ord. No. 6166, Sec. 14
of June 10, 1933, and Reorg. Plan No. V of 1940, eff. June 14, 1940, 5
F.R. 2223, 54 Stat. 1238, Bureau of Immigration and Bureau of
Naturalization consolidated to form Immigration and Naturalization
Service and transferred to Department of Justice.
Light-House Board and Light-House Establishment consolidated under
Bureau of Lighthouses by act June 17, 1910, ch. 301, Sec. 4, 36 Stat.
537. Bureau of Lighthouses transferred to Coast Guard in Department of
the Treasury by Reorg. Plan No. II of 1939, Sec. 2(a). Reorg. Plan No.
II of 1939 is set out in the Appendix to Title 5. Said section 4 of act
June 17, 1910, was repealed by section 20 of act Aug. 4, 1949, section 1
of which reestablished Coast Guard by enacting Title 14, Coast Guard.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of Navy in time of war or
when President directs as provided in section 3 of Title 14, Coast
Guard. See section 108 of Title 49, Transportation.
Bureau of Mines transferred from Department of the Interior to
Department of Commerce by Ex. Ord. No. 4239, eff. July 1, 1925, and
retransferred to Department of the Interior by Ex. Ord. No. 6611, Feb.
24, 1934.
The following agencies acquired their status in the manner
indicated:
Bureau of Foreign and Domestic Commerce resulted from a
consolidation of Bureau of Manufactures and Bureau of Statistics by act
Aug. 23, 1912.
Civil Aeronautics Authority [Civil Aeronautics Board] transferred to
Department of Commerce by section 7 of Reorg. Plan No. IV of 1940, set
out in the Appendix to Title 5. For transfer of functions of Civil
Aeronautics Board see section 1551 et seq. and section 1655(d) of former
Title 49, Transportation.
Inland Waterways Corporation transferred to Department of Commerce
by section 6 of Reorg. Plan No. II of 1939. Reorg. Plan No. II of 1939
is set out in the Appendix of Title 5. Pub. L. 88-67, Sec. 2, July 19,
1963, 77 Stat. 81, provided generally for liquidation of affairs of
Inland Waterways Corporation.
Patent Office transferred from Department of the Interior by Ex.
Ord. of Mar. 17, 1925, as authorized by section 12 of act Feb. 14, 1903.
See section 1517 of this title.
Environmental Science Services Administration in Department of
Commerce, including offices of Administrator and Deputy Administrator
thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, which
created National Oceanic and Atmospheric Administration in Department of
Commerce and transferred personnel, property, records, and unexpended
balances of funds of Environmental Science Services Administration to
such newly created National Oceanic and Atmospheric Administration.
Components of Environmental Science Services Administration thus
transferred included Weather Bureau, Coast and Geodetic Survey,
Environmental Data Service, National Environmental Satellite Center, and
ESSA Research Laboratories.
Weather Bureau transferred from Department of Agriculture by section
8 of Reorg. Plan No. IV of 1940. Reorg. Plan IV of 1940 is set out in
the Appendix to Title 5. Coast and Geodetic Survey and Weather Bureau
consolidated to form a new agency in Department of Commerce known as
Environmental Science Services Administration by Reorg. Plan No. 2 of
1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 4443, set out in the
Appendix to Title 5.
Functions, powers, and duties of Office of Audits and Investigations
and Inspections Staff and that portion of office referred to as Office
of Investigations and Security which had responsibility for
investigation of alleged criminal violations and program abuse in
Department of Commerce transferred to Office of Inspector General in
Department of Commerce, as established by Pub. L. 95-452, Sec. 2, Oct.
12, 1978, 92 Stat. 1101, set out in the Appendix to Title 5, Government
Organization and Employees. See section 9(a)(1)(B) of Pub. L. 95-452,
set out in the Appendix to Title 5.
REORGANIZATION PLAN NO. 4 OF 1970
Eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as amended Pub.
L. 94-461, Sec. 4(c)(1), Oct. 8, 1976, 90 Stat. 1969; Pub. L.
95-219, Sec. 3(a)(1), Dec. 28, 1977, 91 Stat. 1613; Pub. L. 98-
498, title III, Sec. 320(c)(3), Oct. 19, 1984, 98 Stat. 2309;
Pub. L. 99-659, title IV, Sec. 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. 760c-
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. 988), 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. [As amended Pub. L. 94-461, Sec. 4(c)(1), Oct. 8,
1976, 90 Stat. 1969; Pub. L. 99-659, title IV, Sec. 407(d), Nov. 14,
1986, 100 Stat. 3739.]
(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. [As
amended Pub. L. 95-219, Sec. 3(a)(1), Dec. 28, 1977, 91 Stat. 1613.]
(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 \1\
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\1\ For additional Message of the President see Reorganization Plan
No. 3 of 1970, Title 5, Appendix, Government Officers and Employees.
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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.
Executive Order No. 11567
Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, which prescribed
the compensation of the Director and Deputy Director of the Bureau of
Domestic Commerce, was superseded by Ex. Ord. No. 11759, Jan. 15, 1974,
39 F.R. 2077, formerly set out below.
Executive Order No. 11759
Ex. Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077, which related to
compensation of certain officials in the Domestic and International
Business Administration, was superseded by Ex. Ord. No. 12096, Nov. 2,
1978, 43 F.R. 51597, formerly set out below.
Executive Order No. 12096
Ex. Ord. No. 12096, Nov. 2, 1978, 43 F.R. 51597, which related to
compensation of certain officials in the Industry and Trade
Administration, was revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R.
989, set out as a note under section 2171 of Title 19, Customs Duties.
