33 U.S.C. § 852 — Untitled legal text

Page 241 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 853 ministration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper at- mosphere, and the size and shape of the earth. Establishment of the Administration will mark a sig- nificant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the re- organization plan will enhance our ability to develop an adequate warning system for the severe hazards of nature—for hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nation’s economy—to agri- culture, transportation, communications, and industry, which continually require information about the phys- ical environment. They will mean better services to other Federal departments and agencies—to those that are concerned with the national defense, the explo- ration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas. The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. The integration will better enable us to look at man’s physical environment as a scientific whole and to seek to understand the inter- actions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the de- velopment of programs dealing with the physical envi- ronment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract sci- entists and engineers of creativity and talent to Fed- eral employment in this field. The reorganization plan provides for an Adminis- trator at the head of the Administration, and for a Dep- uty Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Ad- ministration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will per- form such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control. Commissioned officers of the Coast and Geodetic Sur- vey will become commissioned officers of the Adminis- tration and may serve at the discretion of the Sec- retary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration. The reorganization plan transmitted herewith abol- ishes—and thus excludes from the consolidation men- tioned above—the offices of (1) Chief of the Weather Bu- reau, provided for in the act of October 1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic Survey, pro- vided for in the acts of June 4, 1920, and February 16, 1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Di- rector of the Coast and Geodetic Survey, provided for in the act of January 19, 1942, as amended (33 U.S.C. 852b). After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Re- organization Act of 1949, as amended [see now section 901 of Title 5, Government Organization and Employ- ees]. I have also found and hereby declare that by rea- son of the reorganizations made by the reorganization plan, it is necessary to include in the plan provisions for the appointment and compensation of the officers of the Administration set forth in section 4 of the reorga- nization plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. In addition to permitting more effective management within the Department of Commerce, the new organiza- tion will ultimately produce economies. These econo- mies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and ex- pensive facilities such as satellites, computers, commu- nication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing head- quarters and field organizations will permit more effi- cient utilization of existing administrative staffs and thereby produce future economies. It is, however, im- practicable to specify or itemize at this time the reduc- tions of expenditures which it is probable will be brought about by the taking effect of the reorganiza- tions included in the reorganization plan. I recommend that the Congress allow the accom- panying reorganization plan to become effective. LYNDON B. JOHNSON. THE WHITE HOUSE, May 13, 1965. § 851a. Repealed. June 3, 1948, ch. 390, § 22(a), formerly § 21(a), 62 Stat. 300; renumbered § 22(a), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506 Section, act Jan. 19, 1942, ch. 6, § 1, 56 Stat. 6, related to distribution of the total number of commissioned of- ficers in rank. §§ 852 to 852b. Omitted Editorial Notes CODIFICATION Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allow- ances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title, which abol- ished such offices and transferred their functions to the Secretary of Commerce. For further details, see Trans- fer of Functions note set out under section 851 of this title. Section 852, acts June 4, 1920, ch. 228, § 1, 41 Stat. 825; June 5, 1920, ch. 235, § 1, 41 Stat. 929; Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164, provided for the appointment and reappointment of the Director of the Coast and Geodetic Survey. Section 852a, acts Feb. 16, 1929, ch. 221, § 5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3, 1948, ch. 390, § 21(a), formerly § 20(a), 62 Stat. 300; renumbered § 21(a), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506, provided for the rank, pay, and allowances of the Direc- tor. Section 852b, acts Jan. 19, 1942, ch. 6, § 8, 56 Stat. 8; June 3, 1948, ch. 390, § 21(b), formerly § 20(b), 62 Stat. 300; renumbered § 21(b), Sept. 14, 1961, Pub. L. 87–233, § 1(f), 75 Stat. 506; June 21, 1955, ch. 172, § 3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86–554, § 1, 74 Stat. 258, provided for the appointment, active and retired rank, pay, and allow- ances, of the Deputy Director of the Coast and Geodetic Survey. § 853. Power to settle claims The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all