1208 (a).... 37: 282 (less clauses (2) and

(3), less applicability to persons referred to in 37: 281, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps).

1208 (b)... 37: 282 (clause (2), less appli

cability to persons referred to in 37: 281, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps).

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, § 412 (less clause (3), less applicability to persons referred to in § 411, and less applicability to service as a cadet before August 24, 1912, as a midshipman before March 4, 1913, as an Army field clerk, or as a field clerk, Army Quartermaster Corps), 63 Stat. 824.

In subsection (a), the words "shall be credited with the service described in clause (1) or that described in clause (2), whichever is greater" are substituted for the words "shall be interpreted to mean".

In subsection (a) (1), the words "he is considered to have" are substituted for the words "such member, former member, or person has or is deemed to have pursuant to law".

In subsection (a) (2) (A), the words "his active service" are substituted for the words "while on the active list or on active duty or while participating in full-time training or other full-time duty provided for or authorized in the National Defense Act, as amended, the Naval Reserve Act of 1938, as amended, or in other provisions of law" because of the definitions of "active service" and "active duty" in sections 101 (24) and 101 (22) of this title.

In subsection (a) (2) (C), the references to 10: 22-23, 24-26, and 30-36 are omitted as repealed by section 401 of the Army Organization Act of 1950, 64 Stat. 271. The reference to 32: 70 is omitted as repealed by section 16 of the act of June 15, 1933, ch. 87, 48 Stat. 159. The reference to 10: 23a is omitted as executed. The references to 10: 38 and 32: 66 and 172-175 are omitted as covered by the words "active service". The references to 32: 144 147, 171, and 176 are omitted, since they deal with pay and do not authorize duty or training. The reference to section 502 of title 32, not contained in 37: 282, is inserted, since section 92 of the National Defense Act, as amended (32: 62) is referred to in section 412 of the Career Compensation Act of 1949 (37: 282).

In subsection (b), the words "any other member" are substituted for the words "members of the reserve components", since the words "reserve components" are defined by section 102 (k) of the Career Compensation Act of 1949, 63 Stat. 805 (37 U. S. C. 231 (k)) to include members appointed, enlisted, or inducted without component.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in clause (2) (B) and added provision that, for purposes of clause (2) (B) of subsec. (a), active service as a member of the Environmental Science Services Administration includes active service as a member of the Coast and Geodetic Survey.

TRANSFER OF FUNCTIONS

vironmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of cr in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.

ADDITIONAL SERVICE CREDITABLE TO CERTAIN REGULARS Section 39 of act Aug. 10, 1956, provided that: "In addition to service with which he may be credited under section 1208 (a) (2) of title 10, United States Code [ɛubsec. (a) (2) of this section], a member of a regular component of the armed forces shall be credited, for the purposes of chapter 61 of title 10, United States Code [this chapter], with all service as-

"(1) a cadet at the United States Military Academy, if appointed before August 24, 1912;

"(2) a midshipman at the United States Naval Academy, if appointed before March 4, 1913; "(3) an Army field clerk; and

"(4) a field clerk, Army Quartermaster Corps."

OFFICERS OF THE PUBLIC HEALTH SERVICE Applicability of subsec. (a) (2) of this section to officers of the Reserve Corps and to officers of the Regular Corps of the Public Health Service, see section 212 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1201, 1203, 1204, 1206, 1210, 1212, 1401, 1402 of this title; title 42 section 212.

§ 1209. Transfer to inactive status list instead of separation.

Any member of the armed forces who has at least 20 years of service computed under section 1332 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 1335 of this title and, if otherwise eligible, to receive retired pay under chapter 71 of this title upon becoming 60 years of age. 1956, ch. 1041, 70A Stat. 95.)

(Aug. 10,

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, § 402 (g), 63 Stat. 820.

The words "Notwithstanding the foregoing provisions of this section", "satisfactory Federal", and "and receiving disability severance pay" are omitted as surplusage. The words "at the time of the determination" are substituted for the word "current". The word "otherwise" is substituted for the words "in all other respects".

CROSS REFERENCES

Members on active duty for 30 days or less, see section 1206 of this title.

Regulars and members on active duty for more than 30 days, see section 1203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1203, 1206, 1211

§ 1210. Members on temporary disability retired list: periodic physical examination; final determination of status.

(a) A physical examination shall be given at least once every 18 months to each member of the armed forces whose name is on the temporary disability retired list to determine whether there has been a change in the disability for which he was temporarily retired. He may be required to submit to those examinations while his name is carried on that list. If a member fails to report for an examination under this subsection, after receipt of proper notification, his disability retired pay may be terminated. However, payments to him shall be resumed if there was just cause for his failure to report. If payments are so resumed, they may be made retroactive for not more than one year.

(b) The Secretary concerned shall make a final determination of the case of each member whose name is on the temporary disability retired list upon the expiration of five years after the date when the member's name was placed on that list. If, at the time of that determination, the physical disability for which the member's name was carried on the temporary disability retired list still exists, it shall be considered to be of a permanent nature.

(c) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member's physical disability is of a permanent nature and is at least 30 percent under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies.

(d) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member's physical disability is of a permanent nature and is less than 30 percent under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination, and if he has at least 20 years of service computed under section 1208 of this title, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies, with retired pay computed under section 1401 of this title.

(e) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member's physical disability is less than 30 percent under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination, and if he has less than 20 years of service computed under section 1208 of this title, his name shall be removed from the temporary disability retired list and he may be separated under section 1203 or 1206 of this title, whichever applies.

(f) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member is physically fit to perform the duties of his office, grade, rank, and rating, the Secretary shall treat him as provided in section 1211 of this title.

(g) Any member of the armed forces whose name is on the temporary disability retired list, and who is required to travel to submit to a physical examination under subsection (a), is entitled to the travel and transportation allowances authorized for members in his retired grade traveling in connnection with temporary duty while on active duty.

(h) If his name is not sooner removed, the disability retired pay of a member whose name is on the temporary disability retired list terminates upon the expiration of five years after the date when his name was placed on that list. (Aug. 10, 1956, ch. 1041, 70A Stat. 95.)

1210 (a) 37: 272 (e) (less last sentence); 37: 274 (a); 37: 274 (b) (less 1st sentence).

1210 (b)... 37: 272 (e) (1st 37 words of last proviso of last sentence).

1210 (c).... 37: 272 (e) (last sentence, less provisos and less clause (2)); 37: 272 (e) (38th through 45th words of last proviso of last sentence). 37: 272 (f) (as applicable to 37: 272 (e)).

1210 (d)... 1210 (e)...

1210 (f)...

1210 (g) 1210 (h)..

37: 272 (e) (clause (2) of last sentence); 37: 272 (e) (46th word of last proviso of last sentence).

37: 272 (e) (47th through 56th words of last proviso of last sentence).

37: 274 (b) (1st sentence). 37: 272 (d) (30th through 55th words).

Oct. 12, 1949, ch. 681, §§ 402 (d) (30th through 55th words), (e) (less 1st proviso of last sentence), (f) (as applicable to § 402 (e)), 404, 63 Stat. 818-821.

In subsection (a), the second sentence is substituted for 37: 274 (a). The word "resumed" is substituted for the words "reinstated at a later date", in 37: 274 (b). In subsection (b), the last sentence is inserted for clarity to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/8438, 30 Dec. 1953) and an opinion of the Judge Advocate General of the Navy (JAG: III: 7: WBM: bg. 7 Jan. 1954).

In subsection (c), the words "or upon a final determination under subsection (b)" are substituted for the words "or upon the determination of a period of five years from the date of temporary disability retirement", in 37: 272 (e). The words "at the time of the determination" are substituted for the word "current", in 37: 272 (e). The words "and he shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section" are omitted as covered by sections 1201 and 1204 of this title. Reference to specific sections on permanent retirement are substituted for the word "permanently", before the word "retired", in 37: 272 (e).

In subsection (d), 37: 272 (f) (proviso) is omitted as surplusage.

In subsection (e), the words "and if he has less than 20 years of service computed under section 1208 of this title" are inserted to distinguish the separation requirement under this section from retirement requirements under subsection (d). 37: 272 (e) (last 19 words of clause (2) of last sentence) is omitted as covered by sections 1203 and 1206 of this title. The words "at the time of determination" are substituted for the word "current".

In subsection (f), the first 39 words are inserted for clarity.

In subsection (g), the words "members in his retired grade traveling in connection with temporary duty" are substituted for the words "the rank, grade, or rating in which retired for temporary duty travel performed". The words "for travel performed" are omitted as surplusage.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1211 of this title.

§ 1211. Members on temporary disability retired list: return to active duty; promotion.

(a) With his consent, any member of the Army or the Air Force whose name is on the temporary disability retired list, and who is found to be physically fit to perform the duties of his office, grade, or rank under section 1210 (f) of this title, shall—

(1) if a commissioned officer of a regular component, be recalled to active duty and, as soon as practicable, may be reappointed by the President, by and with the advice and consent of the Senate, to the active list of his regular component in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular grade;

(2) if a warrant officer of a regular component, be recalled to active duty and, as soon as practicable, be reappointed by the Secretary concerned in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular warrant grade;

(3) if an enlisted member of a regular component, be reenlisted in the regular grade held by him when his name was placed on the temporary disability retired list or in the next higher regular enlisted grade;

(4) if a commissioned, warrant, or enlisted Reserve, be reappointed or reenlisted as a Reserve for service in his reserve component in the reserve grade held by him when his name was placed on the temporary disability retired list, or appointed or enlisted in the next higher reserve commissioned, warrant, or enlisted grade, as the case may be;

(5) if a commissioned, warrant, or enlisted member of the Army National Guard of the United States or the Air National Guard of the United States when the disability was incurred, and if he cannot be reappointed or reenlisted as a Reserve for service therein, be appointed or enlisted as a Reserve for service in the Army Reserve or the Air Force Reserve, as the case may be, in a grade corresponding to the reserve grade held by him when his name was placed on the temporary disability retired list, or in the next higher reserve commissioned, warrant, or enlisted grade, as the case may be; and

(6) if a member of the Army, or the Air Force, who has no regular or reserve grade, be reappointed or reenlisted in the Army, or the Air Force, as the case may be, in the temporary grade held by him when his name was placed on the temporary disability retired list, or appointed or enlisted in the next higher temporary grade. (b) With his consent, any member of the naval service or of the Coast Guard whose name is on the temporary disability retired list, and who is found to be physically fit to perform the duties of his office, grade, rank, or rating under section 1210 (f) of this title, shall

(1) if he held an appointment in a commissioned grade in a regular component when his name was placed on the temporary disability retired list, be recalled to active duty and, as soon as practicable, may be reappointed by the Presi

dent, by and with the advice and consent of the Senate, to his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or in the next higher grade;

(2) if he held an appointment in the grade of warrant officer, W-1, in a regular component when his name was placed on the temporary disability retired list, be recalled to active duty and, as soon as practicable, be reappointed by the Secretary concerned in his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or may be appointed by the President, by and with the advice and consent of the Senate, to the grade of chief warrant officer, W-2;

(3) if he held a permanent enlisted grade in a regular component when his name was placed on the temporary disability retired list, be reenlisted in his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or in the next higher enlisted grade;

(4) if he was a member of the Fleet Reserve or the Fleet Marine Corps Reserve when his name was placed on the temporary disability retired list, resume his status in the Fleet Reserve or the Fleet Marine Corps Reserve in the grade held by him when his name was placed on the temporary disability retired list, or in the next higher enlisted grade; and

(5) if a member of a reserve component be reappointed or reenlisted in his reserve component in the grade permanently held by him when his name was placed on the temporary disability retired list or, if that permanent grade is not chief petty officer or master sergeant, in the next higher grade in that reserve component.

(c) If a member is appointed, reappointed, enlisted, or reenlisted, or resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve, under subsection (a) or (b), his status on the temporary disability retired list terminates on the date of his appointment, reappointment, enlistment, reenlistment, or resumption, as the case may be. However, if such a member does not consent to the action proposed under subsection (a) or (b), his status on the temporary disability retired list and his disability retired pay shall be terminated as soon as practicable.

(d) Disability retired pay of a member covered by this section terminates

(1) on the date when he is recalled to active duty under subsection (a) (1) or (2) or subsection (b) (1) or (2), for an officer of a regular component;

(2) on the date when he resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b) (4), for a member of the Fleet Reserve or the Fleet Marine Corps Reserve; and

(3) on the date when he is appointed, reappointed, enlisted, or reenlisted, for any other member of the armed forces.

(e) Whenever seniority in grade or years of service is a factor in determining the qualifications of a

member of the armed forces for promotion, each member who has been appointed, reappointed, enlisted, or reenlisted, under subsection (a) or (b), shall, when his name is placed on a lineal list, a promotion list, or any similar list, have the seniority in grade and be credited with the years of service authorized by the Secretary concerned. The authorized strength in any regular grade is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade.

(f) Action under this section shall be taken on a fair and equitable basis, with regard being given to the probable opportunities for advancement and promotion that the member might reasonably have had if his name had not been placed on the temporary disability retired list. (Aug. 10, 1956, ch. 1041, 70A Stat. 96; Sept. 7, 1962, Pub. L. 87-651, title I, § 107(b), 76 Stat. 508.)

Revised

section

1211 (a)...

HISTORICAL AND REVISION NOTES

Source (U. S. Code)

37: 275 (a); 37: 275 (b); 37: 275 (c) (1st sentence); 37: 276 (a) (less clauses (1)-(3)); 37:276 (a) (1) (1st 7 words); 37: 276 (a) (2) (1st 10 words); 37: 276 (a) (3) (1st 8 words): 37: 277 (a). 1211 (b)... 37: 275 (a); 37: 275 (b); 37: 275 (c) (1st sentence); 37: 276 (a) (less clauses (1)-(3)); 37: 276 (a) (1) (1st 7 words); 37: 276 (a) (2) (1st 10 words); 37: 276 (a) (3) (1st 8 words); 37: 277 (a). 37:276 (a) (1) (less 1st 22 words); 37: 276 (a) (2) (11th through 18th words); 37: 276 (a) (3) (9th and 10th words); 37: 276 (b).

1211 (c)....

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, §§ 405, 406, 407, 63 Stat. 821.

In subsections (a) and (b), the words "under section 1210 (f) of this title" are substituted for the words "If, as a result of a periodic physical examination", in 37: 275 (a) and (b), and 276 (a), and the words "and who are subsequently found to be physically fit", in 37: 277 (a). The words "subject to the provisions of section 277 of this title", in 37: 275 (a), are omitted as surplusage.

In subsections (a) (2)-(6) and (b) (2)—(6), the appointment or enlistment is restricted to those already in an enlisted, warrant, or commissioned status, as the case may be, held by the member before placement of his name on the temporary disability retired list, since 37: 277 (last sentence) indicates that appointment in the next higher grade for regular warrant officer is restricted to those warrant grades to which the President alone may appoint him. Similarly 37: 275 (last 10 words) indicates that an enlisted member may only be reenlisted. In subsection (a) (2) reference to the President, in 37: 277 (a), is omitted as inapplicable to the appointment of warrant officers of the Army and the Air Force.

Subsection (a) (5) is substituted for 37: 275 (b) (proviso) (as applicable to Army and Air Force).

Subsection (a) (6) is inserted, since the words "reserve component" are defined by section 102 (k) of the source statute to include members of the Army and the Air Force who have no component status.

In subsection (b) (2), the words "by and with the advice and consent of the Senate" are added to make it clear that all appointments to the grade of commissioned warrant officer in the Navy, Marine Corps, and Coast Guard require Senate confirmation. Although these words do not appear in section 405 of the Career Compensation Act of 1949, there is no indication that an exception to the basic law relating to appointments in commissioned grades was intended.

Subsection (d) (3) is made applicable to members without component status, since the words "reserve component" are defined in section 102 (k) of the source statute to include members of the Army and the Air Force who have no component status.

In subsection (e), the words "rank" and "rating" are omitted as surplusage.

AMENDMENTS

1962 Subsec. (d). Pub. L. 87-651 substituted "subsection (b) (1) or (2)" for "subsection (b) (1), (2), or (3)" in cl. (1), and "subsection (b) (4)" for "subsection (b) (5)" in cl. (2).

CROSS REFERENCES

Strength in grade; temporary increases, see sections 3212 and 8212 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1210, 3212, 8212 of this title.

§ 1212. Disability severance pay.

(a) Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) his years of service, but not more than 12, computed under section 1208 of this title, by (2) the highest of the following amounts:

(A) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when he is separated and (ii) in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated.

(B) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of the Treasury, as the case may be, having jurisdiction over the armed force from which he is separated.

(C) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination for promotion.

(D) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on

the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in the temporary grade or rank to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination for promotion, if his eligibility for promotion was required to be based on cumulative years of service or years in grade.

(b) For the purposes of subsection (a), a part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.

(c) The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Veterans' Administration. However, no deduction may be made from any death compensation to which his dependents become entitled after his death. (Aug. 10, 1956, ch. 1041, 70A Stat. 98.)

In subsection (a), the words "Upon separation" are inserted for clarity. The words "his years of service computed under section 1208 of this title" are substituted for the words "a number of years equal to the number of years of active service to which such member is entitled under the provisions of section 282 of this title". The words "but not more than 12" are substituted for the words "but not to exceed a total of two years' basic pay", to simplify the necessary calculation. The substituted words produce the same result. The word "rating" is omitted as covered by the words "grade" and "rank".

In clause (2) (A)-(D), the words "Twice the amount of monthly" are substituted for the words "An amount equal to two months' ". The words "if his name was not carried on that list" are substituted for the words "whichever is earlier", since the member might be separated without ever being carried on the list. The word "rating" is omitted as surplusage.

In clause (2) (B), the words "the Secretary of the military department, or the Secretary of the Treasury, as the case may be, having jurisdiction over the armed force from which he is separated" are substituted for the words "the Secretary concerned" for clarity.

In clause (2) (C), the words "regular or reserve" are inserted, since they are the only "permanent" grades. Clause (2) (D) is based on that part of the third proviso of 37: 273 relating to promotions other than regular or reserve.

In subsection (b), the words "and a part of a year that is less than six months is disregarded" are inserted to reflect the legislative history of the rule (see Senate Hearings on H. R. 5007, 81st Cong., page 313). The words "for himself or his dependents" are omitted as surplusage.

CROSS REFERENCES

Half rating to disabled naval enlisted personnel serving twenty years, see section 6159 of this title.

Pension to persons serving ten years, see section 6160 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1203, 1206 of this title; title 38 section 361.

47-500 0-71-vol. 2- -20

§ 1213. Effect of separation on benefits and claims. Unless a person who has received disability severance pay again becomes a member of an armed force, the Environmental Science Services Administration. or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law. (Aug. 10, 1956, ch. 1041, 70A Stat. 99; Nov. 2, 1966, Pub. L. 89-718, § 8(a), 80 Stat. 1117.) HISTORICAL AND REVISION NOTES

The words "a person who has received disability severance pay" are substituted for the words "Any former member who has been separated for physical disability from any of the uniformed services and paid disability severance pay". The words "any payment for" are substituted for the words "for any monetary obligation provided under any provision * on account of". The words "this section does not prohibit" are substituted for the words "shall not operate to bar". The words "the payment of money to * if the money

is due him" are substituted for the words "from receiving or the service concerned from paying, any moneys due and payable". The words "valid", "processed", and "pursuant to any provisions of law" are omitted as surplusage.

AMENDMENTS

1966-Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey".

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.