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Established the Environmental Science Services Administration within
the Department of Commerce.
[Reorg.
Plan No. 2 of 1965, 3 C.F.R. xxx (1965), reprinted in 5 U.S.C. app.
at 1517 (1994), and in 79 Stat. 1318-20 (1965), and in 30 Fed. Reg.
8819-xx (1965)]
Reorganization
Plan No. 2 of 1965
Transmitted
May 13, 1965.
Effective
July 13, 1965.
Prepared
by the President and transmitted to the Senate and House of Representatives
in Congress assembled, May 13, 1965, pursuant to the provisions of
the Reorganization Act of 1949, 63 Stat. 203, as amended.
ENVIRONMENTAL
SCIENCE SERVICES ADMINISTRATION,
DEPARTMENT OF COMMERCE
SECTION
1. Transfer of functions. All functions vested
by law in the Weather Bureau, the Chief of the Weather Bureau, the Coast
and Geodetic Survey, the Director of the Coast and Geodetic Survey,
and any officer, employee, or organizational entity of that Bureau or
Survey, and not heretofore transferred to the Secretary of Commerce,
hereinafter referred to as the Secretary, are hereby transferred to
the Secretary.
SECTION 2. Abolitions. (a) The offices of
Director of the Coast and Geodetic Survey, Deputy Director of the Coast
and Geodetic Survey, and Chief of the Weather Bureau are hereby abolished.
The Secretary shall make such provisions as he shall deem to be necessary
respecting the winding up of any outstanding affairs of the officers
whose offices are abolished by the provisions of this section.
(b) The abolitions effected by the provision of subsection (a) of this
section shall exclude the abolition of rights to which the present incumbents
of the abolished offices would be entitled under law upon the termination
of their appointments.
SECTION 3. Environmental Science Services Administration.
(a) The Coast and Geodetic Survey and the Weather Bureau are hereby
consolidated to form a new agency in the Department of Commerce which
shall be known as the Environmental Science Services Administration,
hereinafter referred to as the Administration.
(b) The Secretary shall from time to time establish such constituent
organizational entities of the Administration , with such names, as
he shall determine.
SECTION 4. Officers of the Administration.
(a) There shall be at the head of the Administration the Administrator
of the Environmental Science Services 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
receive compensation at the rate now or hereafter prescribed by law
for offices and positions of Level V of the Federal Executive Salary
Schedule (78 Stat. 419). He shall perform such functions as the Secretary
may from time to time direct.
(b) (1)There shall be in the Administration a Deputy Administrator of
the Environmental Science Services Administration, hereinafter referred
to as the Deputy Administrator, who shall be appointed by the President
by and with the advice and consent of the Senate, shall perform such
functions as the Secretary may from time to time direct, and, unless
he is compensated in pursuance of the provisions of paragraph (2), below,
shall receive compensation in accordance with the Classification Act
of 1949, as amended.
(2) The office of Deputy 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 appointment shall create a vacancy
on the active list and while holding the office of Deputy Administrator
the officer shall have rank, pay and allowances not exceeding those
of a Vice Admiral.
(c) The Deputy Administrator or such other official of the Department
of Commerce as the Secretary shall from time to time designate 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) At any one time, one principal constituent organizational entity
of the Administration may, if the Secretary so elects, be headed by
a commissioned officer of the Administration, who shall be designated
by the Secretary. Such designation of an officer shall create a vacancy
on the active list and while serving under this paragraph the officer
shall have rank, pay and allowances not exceeding those of a Rear Admiral
(upper half).
(e) Any commissioned officer of the Administration who has served as
Deputy Administrator or has served in a rank above that of Captain as
the head of a principal constituent organizational entity of the Administration,
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. 5. Authority of the Secretary.
Nothing in this reorganization plan shall divest the Secretary of any
function vested in him by law or by Reorganization Plan No. 5 of 1950
(64 Stat. 1263) or in any manner derogate from any authority of the
Secretary thereunder.
SEC. 6. Personnel, property, records, and funds.
(a)The personnel (including commissioned officers) employed in the Coast
and Geodetic Survey, the personnel employed in the Weather Bureau, and
the property and records held or used by the Weather Bureau or the Coast
and Geodetic Survey shall be deemed to be transferred to the Administration.
(b) Unexpended balances of appropriations, allocations, and other funds
available or to be made available in connection with functions now administered
by the Weather Bureau or by the Coast and Geodetic Survey shall be available
to the Administration hereunder in connection with those functions.
(c) Such further measures and dispositions as the Director of the Bureau
of the Budget shall deem to be necessary in order to effectuate the
foregoing provisions of this section shall be carried out in such manner
as he shall direct and by such agencies as he shall designate.
SEC. 7. 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 the 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.
(c) 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 to 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.
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