Reorganization Plan.

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92 STAT. 3788 REORGANIZATION PLAN NO. 3 OF 1978 *Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 19, 197S, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code*. PART I. [5 USC app](/us/usc/t5); [15 USC 2201](/us/usc/t15/s2201) note.Federal Emergency Management Agency Section 101. *Establishment of the Federal Emergency Management Agency*. There is hereby established as an independent establishment in the Executive Branch, the Federal Emergency Management Agency (the “Agency”).

Section 102. *The Director*. The Agency shall be headed by a Director, 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 prescribed by law for level II of the Executive [5 USC 5313](/us/usc/t5/s5313).Schedule. Section 103. *The Deputy Director*. There shall be within the Agency a Deputy Director, 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 prescribed by law for level IV of the [5 USC 5315](/us/usc/t5/s5315).Executive Schedule.

The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the Office of the Director. Section 104. *Associate Directors*. There shall be within the Agency not more than four Associate Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, two of whom shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule, one of whom shall be compensated at [5 USC 5316](/us/usc/t5/s5316).the rate now or hereafter prescribed by law for level V of the Executive Schedule and one of whom shall be compensated at the rate [5 USC 5332](/us/usc/t5/s5332) note.now or hereafter prescribed by law for GS-18 of the General Schedule.

The Associate Directors shall perform such functions as the Director may from lime to time prescribe. Section 105. *Regional Directors*. There shall be within the Agency ten regional directors who shall be appointed by the Director in the excepted service and shall be compensated at the rate now or [5 USC 5332](/us/usc/t5/s5332) note.hereafter prescribed by law for GS–16 of the General Schedule. Section 106. *Performance of Functions*. The Director may establish bureaus, offices, divisions, and other units within the Agency.

The Director may from time to time make provision for the performance of any function of the Director by any officer, employee, or unit of the Agency. PART II. Transfer of Functions Section 201. *Fire Prevention*. There are hereby transferred to the Director all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. 2201 through 2219); exclusive of the functions set forth at Sections 18 and 23 of the Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and 1511). 92 STAT. 3789 Section 202. *Flood and Other Matters*.

There are hereby transferred to the Director all functions vested in the Secretary of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968. as amended, and the Flood Disaster Protection Act of 1973. as amended (42 U.S.C. 2414 and 42 U.S.C. 400) through 4128), and Section 1 of the National Insurance Development Act of 1975, as amended (89 Stat. 68).[12 USC 1749bbb](/us/usc/t12/s1749bbb) note. Section 203. *Emergency Broadcast System*. There are hereby transferred to the Director all functions concerning the Emergency Broadcast System, which were transferred to the President and all such functions transferred to the Secretary of Commerce, by Reorganization Plan Number 1.*Ante*, p. 3781.

PART III. General Provisions Section 301. *Transfer and Abolishment of Agencies and Officers*. The National Fire Prevention and Control Administration and the National Academy for Fire Prevention and Control and the positions of Administrator of said Administration and Superintendent of said Academy are hereby transferred to the Agency. The position of Deputy Administrator of said Administration (established by 15 U.S.C. 2204(c)) is hereby abolished. Section 302. *Incidental Transfers*.

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 under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made.

The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. Section 303. *Interim Officers*. The President may authorize any persons who. immediately prior to the effective date of this Plan, held positions in the Executive Branch to which they were appointed by and with the advice and consent of the Senate, to act as Director, Deputy Director, and Associate Directors of the Agency, until those offices are for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case may be.

The President may authorize any such person to receive the compensation attached to the Office in respect of which that person so serves, in lieu of other compensation from the United States. Section 304. *Effective Date*. The provisions of this Reorganization Plan shall become effective at such timeThe requirements under 5 USC 906 were met on Sept. 17, 1978. or times, on or before April 1, 1979, as the President shall specify, but not sooner than the earliest lime allowable under Section 906 of Title 5, United Stales Code.

LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

(1978)Vol. 14. No. 25: June 19. Presidential message transmuting Reorganization Plan No. 3 of 1978 to Congress. (Also printed as House Document No. 95–356.) HOUSE REPORT No. [95–1523](/us/hrpt/95/1523) accompanying [H. Res 1242](/us/bill/95/hres/1242) (Comm. on Government Operations). SENATE REPORT No. [95–1141](/us/srpt/95/1141) accompanying [S. Res. 489](/us/bill/95/sres/489) (Comm. on Governmental Affairs). CONGRESSIONAL RECORD. Vol. 124 (1978):. June 19, [H. Res 1242](/us/bill/95/hres/1242). resolution of disapproval, introduced in House and referred lo Committee on Government Operations. June 22, [S. Res. 489](/us/bill/95/sres/489). resolution of disapproval, introduced in Senate and referred lo Committee on Governmental Affairs. Sept 14. [H. Res 1242](/us/bill/95/hres/1242) rejected by House.

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