648 



compensation at the rate now or hereafter provided for 

 Level V of the Executive Schedule Pay Rates (6 U.8.C. 

 6316). 



(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 organiza- 

 tional entitles of the Administration, or the President 

 may designate one such officer as the head of such an 

 organizational entity and the other as head of the com- 

 missioned corps of the Administration. Any such desig- 

 nation 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 whUe 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. Pertobmanci op Teansfdibed P^jnctions 

 The provisions of sections 2 and 4 of Reorganization 

 Plan No. 6 of 1960 (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 trans- 

 ferred to the Secretary of Commerce by this reorganiza- 

 tion 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 unex- 

 pended balances of the National Oceanic and Atmos- 

 pheric Administration or of such other organizational 

 entity or entitles of the Department of Commerce as the 

 Secretary of Commerce shall determine. 



(d) The Commissioned Officer Corps of the Environ- 

 mental Science Services Administration shall become the 

 Commissioned Officer Corps of the National Oceanic and 

 Atmospheric Administration, Members of the Corps, In- 

 cluding those appointed hereafter, shall be entitled to 

 all rights, privileges, and benefits heretofore available 

 under any law to commissioned officers of the Environ- 

 mental 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 

 entitles 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 Im- 

 mediately prior to the effective date of this reorganization 

 plan held a position in the executive branch of the Gov- 

 ernment to act as Administrator until the office of Admin- 

 istrator 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 Environ- 

 mental 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, axe herety 

 abolished : 



(1) The Environmental Science Services Administra- 

 tion in the Department of Commerce (established by Re- 

 organization Flan No. 2 of 1965, 79 Stat. 1318), Including 

 the offices of Administrator of the Environmental Science 

 Administration and Deputy Administrator of the Environ- 

 mental Science Services Administration. 



(2) The Bureau of Commercial Fisheries In the Depart- 

 ment 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 EUivlronmen- 

 tal Science Services Administration and by the Secretary 

 of the Interior In the case of the Bureau of Conunerclal 

 Fisheries. 



Message of the Prestoent 

 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 Secre- 

 tary 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 rea- 

 sons for transmitting this plan aie stated In a more ex- 

 tended 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 offi- 

 cers as specified in section 2 of the plan. The rates of com- 

 pensation 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 effi- 

 cient 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 Wnn-E House, July 9, 1970. 



