Reorganization Plan.

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79 Stat. 1318 Reorganization Plan No. 2 of 1965 Transmitted May 13, 1965.Effective July 13, 1965.*Ante*, p. 135[5 USC 133z note](/us/usc/t5/s133z).*Prepared by the President and transmitted to the Senate and the 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.

Sec. 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. Sec. 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. Sec. 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[5 USC 2211](/us/usc/t5/s2211). (78 Stat. 419). He shall perform such functions as the Secretary may from time to time direct.

(1)There shall be in the Administration a Deputy Administrator of the Environmental Science Services Administration, hereinafter refereed 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[63 Stat. 954](/us/stat/63/954);*Ante*, p. 1111.[5 USC 1071 note](/us/usc/t5/s1071). 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 commissioned79 Stat. 1319 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[5 USC 133z–15 note](/us/usc/t5/s133z–15). 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. 79 Stat. 1320

(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. Reorganization Plan No. 3 of 1965 Transmitted May 27, 1965.Effective July 27, 1965.*Ante*, p. 135.[5 USC 133z note](/us/usc/t5/s133z).*Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 27, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended*. LOCOMOTIVE INSPECTION Section 1. *Transfer of functions to Interstate Commerce Commission*. Except to the extent inconsistent with the provisions of section 2(b) hereof, all functions now vested in the director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, including the functions so vested by the Act of February 17, 1911, ch. 103, 36 Stat. 913, as amended (45 U.S.C. 22–29; 30–34), and by section 2 of the Act of March 4, 1915, ch. 169, 38 Stat. 1192, as amended (45 U.S.C. 30), are hereby transferred to the Interstate Commerce Commission. Sec. 2. *Abolitions*.

(a)All offices of director of locomotive inspection, assistant director of locomotive inspection, and district inspector of locomotives, provided for in the Acts referred to above (45 U.S.C. 22–34), are hereby abolished. The Interstate Commerce Commission shall make such provisions as it deems to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this reorganization plan.

(b)The functions with respect to dividing the territory comprising the several States and the District of Columbia into fifty locomotive boiler-inspection districts, vested in the director of locomotive inspection by section 4 of the above-mentioned Act of February 17, 1911 (45 U.S.C. 26), are hereby abolished. Sec. 3. *Performance of functions*. The Interstate Commerce Commission may from time to time make such provisions as it shall deem appropriate authorizing the performance by any officer, employee, or organizational entity under the Commission of any function transferred to the Commission by the provisions of section 1 of this reorganization plan, but the Commission may not make any such provision[49 USC 17](/us/usc/49/17). which is in conflict with section 17

(2)of the Interstate Commerce Act. Sec. 4. *Records, property and funds*.

(a)Consonant with section[5 USC 133z–2](/us/usc/t5/s133z–2). 4 of the Reorganization Act of 1949, as amended, and this reorganization plan, the Interstate Commerce Commission shall make such provisions as it shall deem necessary respecting the transfer or other disposition of the records and property which are affected by a reorganization contained in this reorganization plan.

(b)Unexpended balances of appropriations, allocations, and other funds, available or to be made available for the Interstate Commerce Commission for expenses necessary to carry out locomotive inspection activities, shall continue to be available therefor under this reorganization plan. 79 Stat. 1321

(a)The Interstate Commerce Commission may employ and compensate such personnel as may be necessary to carry out the functions transferred to the Commission by this reorganization plan under the classified civil service and pursuant to the Classification Act of 1949, as amended.

(b)The Interstate Commerce Commission shall appoint to a position under the classified civil service, without change in grade or salary, each person who immediately prior to the taking effect of this reorganization plan held the office of district inspector of locomotives. Such appointments shall be deemed to be made without any break in the service of any individual concerned and the provisions of this reorganization plan shall not be deemed to effect an involuntary separation of any district inspector of locomotives for the purposes of section 6(d) of the Civil Service Retirement Act (5 U.S.C. 2256(d))[70 Stat. 749](/us/stat/70/749). or for the purposes of any other provision of law. Reorganization Plan No. 4 of 1965 *Prepared by the President and transmitted to the Senate and the HouseTransmitted May 27, 1965.Effective July 27, 1965.*Ante*, p. 135.[5 USC 133z note](/us/usc/t5/s133z). of Representatives in Congress assembled, May 27, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended*. ABOLITION OF CERTAIN COMMITTEES, COUNCILS, AND BOARDS Part I Section 1. *Transfer of functions*. All functions of each of the following-named bodies, together with all functions of the Chairman and of other officers of each thereof, are hereby transferred to the President, of the United States:

(a)The National Housing Council, provided for in section 6 of Reorganization Plan No. 3 of 1947 (61 Stat. 955) as affected by (i)[5 USC 133z–15 note](/us/usc/t5/s133z–15). section 502(a) of the Housing Act of 1948 (62 Stat. 1283; 12 U.S.C. 1701c),

(ii)section 603 of the Housing Act of 1949 (63 Stat. 440; 12 U.S.C. 1701i) and by

(iii)section 615 of the Defense Housing and Community Facilities and Services Act of 1951 (65 Stat. 317; 12 U.S.C. 1701i–1).

(b)The National Advisory Council on International Monetary and Financial Problems, provided for in section 4 of the Bretton Woods Agreements Act, 59 Stat. 512, as amended (22 U.S.C. 286b).

(c)The Board of the Foreign Service, provided for in section 211 of the Foreign Service Act of 1946, 60 Stat. 1001 (22 U.S.C. 826).

(d)The Board of Examiners for the Foreign Service, provided for in section 212 of the Foreign Service Act of 1946 (22 U.S.C. 827).

(e)The Civilian-Military Liaison Committee, provided for in section 204 of the National Aeronautics and Space Act of 1958, 72 Stat. 431, as amended (42 U.S.C. 2474). 79 Stat. 1322 Sec. 2. *Performance of transferred functions*. The President may from time to time make such provisions as he may deem appropriate authorizing the performance of the functions transferred by the provisions of section 1 of this reorganization plan by any other officers of the executive branch of the Government or by any agencies or employees of that branch. Sec. 3. *Abolition of bodies*.

(a)Each of the bodies referred to in paragraphs

(a)to (e), inclusive, of section 1 of this reorganization plan is hereby abolished.

(b)The President shall make or cause to be made such provisions as may be necessary with respect to the winding up of any outstanding affairs of the bodies abolished by the provisions of section 3 of this reorganization plan. Part II Section 11. *Transfer of functions*.

(a)There are hereby transferred to the Chairman of the United States Civil Service Commission all functions of the Advisory Council on Group Insurance, provided for in section 12(a) of the Federal Employees’ Group Life Insurance Act of 1954, 68 Stat. 742 (5 U.S.C. 2101(a)).

(b)There are hereby transferred to the Administrator of the Small Business Administration all functions of the Loan Policy Board of the Small Business Administration, provided for in section 4(d) of the Small Business Act, 72 Stat. 385 (15 U.S.C. 633(d)).

(c)There are hereby transferred to the Secretary of the Interior all functions of the advisory board provided for in section 2(a) of the Act of August 20, 1937, 50 Stat. 732, as amended (16 U.S.C. 832a(a)), commonly referred to as the Bonneville Power Advisory Board.

(d)There are hereby transferred to the Attorney General all functions of the Awards Board provided for in section 3 of the Atomic Weapons Rewards Act of 1955, 69 Stat. 365 (50 U.S.C. 47b).

(e)The transfers made by subsections

(a)to (d), inclusive, of this section shall be deemed to include all functions of the Chairman and of other officers of the respective transferor bodies referred to in those subsections. Sec. 12. *Performance of transferred functions*. Each officer to whom functions are transferred by the provisions of section 11 of this reorganization plan may from time to time make such provisions as he may deem appropriate authorizing the performance of the functions so transferred to him by his subordinate officers, employees, or agencies. Sec. 13. *Abolitions*.

(a)Each of the bodies the functions of which are transferred by the provisions of section 11 of this reorganization plan is hereby abolished. Each officer to whom functions are transferred by those provisions shall make such provisions as may be necessary with respect to the winding up of any outstanding affairs of the body or bodies the functions of which are so transferred to him.

(b)The function vested in the Secretary of Health, Education, and Welfare by the provisions of section 7(b) of the juvenile Delinquency and Youth Offenses Control Act of 1961, 75 Stat. 574 (42 U.S.C. 2546 (b)), are hereby abolished.

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