with smoke and chemicals, the land with solid wastes, and a river or lake with chemical and other wastes. Control of the air pollution may produce more solid wastes, which then pollute the land or water. Control of the water-polluting effluent may convert it into solid wastes, which must be disposed of on land.

"Similarly, some pollutants-chemicals, radiation, and pesticides-appear in all media. Successful control of them at present requires the coordinated efforts of a variety of separate agencies and departments. The results are not always successful."

The President suggested that a far more effective approach to pollution control would be to (a) identify pollutants, (b) trace them through the entire ecological chain, observing and recording changes in form as they occur, (c) determine the total exposure of man and his environment, (d) determine interactions among forms of pollution, and (e) identify where in the ecological chain interdiction would be most appropriate.

Referring to the organizational structure required to achieve this approach, the President said:

**** this requires pulling together into one agency a variety of research, monitoring, standard-setting and enforcement activities now scattered through several departments and agencies. It also requires that the new agency include sufficient support elements-in research and in aids to State and local antipollution programs. For example-to give it the needed strength and potential for carrying out its mission. The new agency would also, of course, draw upon the results of research conducted by other agencies."

Following a review of the components which would comprise the Environmental Protection Agency, the President concluded that:

"With its broad mandate, EPA would also develop competence in areas of environmental protection that have not previously been given enough attention, such, for example, as the problem of noise, and it would provide an organization to which new programs in these areas can be added."

MAJOR FUNCTIONS TO BE TRANSFERRED

The principal pollution control functions, agencies and components to be transferred to the Administrator, or the Environmental Protection Agency, and the agency now having responsibility for them, are summaried below:

1. From the Department of the Interior

(a) the functions carried on by the Federal Water Quality Administration, including control of pollutants which impair water quality, research, establishment and enforcement of standards, and construction grants and technical assistance;

(a) the functions relative to pesticides, which include research on the effects of pesticides upon fish and wildlife at the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries, which laboratory would be transferred to the new Agency. However, the Department of the Interior would retain its present responsibility for research on all factors affecting fish and wildlife; (c) the Water Pollution Control Advisory Board, and its functions (advising, consulting with and making recommendations to the Secretary relative to water pollution control policy);

(d) the functions of the Secretary relative to being or designating the Chairman of the Board;

(e) the hearings boards provided for in the Federal Water Pollution Control Act to hear disputed cases involving the enforcement of water quality standards and to make recommendations to the Secretary with respect thereto; and

(f) the functions relative to certifying amortization of pollution control facilities under section 169 (d) (1) (B) and (3) of the Internal Revenue Code of 1954, as amended.

2. From the Department of Health, Education and Welfare

(a) the functions carried on by the National Air Pollution Control Administration, including research relative to air pollution, operating a monitoring network, promulgating criteria which serve as the basis for setting air quality standards, administering the Clean Air Act, which involves designating air quality regions, approving State standards and providing financial and technical assistance to State Control agencies to enable them to comply with the Act's provisions, and enforcing Federal automotive emission standards;

(b) the functions carried out by the Bureau of Solid Waste Management and Water Hygiene, and some of the functions carried out by the Bureau of Radiological Health, all of which are now administered through the Environmental Health Service, including research, demonstrations and experiments and the establishment of criteria and standards relative to the reduction of solid wastes, improvement of water quality and safe limits of radiation exposure. Specifically exempted from the transfer are those functions of the Environmental Control Administration of the Environmental Health Service which are carried out by its Bureau of Community Environmental Management (general well being in the living environment of the community), the Bureau of Occupational Safety and Health (health and safety of the working population), and those functions of the Bureau of Radiological Health relating to the regulation of radiation from consumer products, its use in the healing arts or occupational exposures to radiation, all of which will remain in the Department of HEW;

(c) those functions of the Secretary of HEW, administered through the Food and Drug Administration under the Federal Food, Drug and Cosmetic Act, which relate to the establishment of tolerances for pesticide chemicals, together with authority to set standards which limit pesticide residues in food, monitor compliance, provide technical assistance to the States and conduct related research under the Food and Drug Act and the Public Health Service Act. However, the Food and Drug Administration would retain its authority to remove from the market food with excess pesticide residues;

(d) the functions relative to certifying amortization of pollution control facilities under section 169 (d) (1) (B) and (3) of the Internal Revenue Code of 1954, as amended;

(e) the Air Quality Advisory Board, and its functions (advising the Secretary relative to air pollution control); and

(f) the functions of the Secretary of HEW with respect to being a member and the Chairman of the Air Quality Board.

3. From the Department of Agriculture

(a) the functions of the Secretary and the Department under the Federal Insecticide, Fungicide and Rodenticide Act, as amended (registering, licensing and monitoring pesticides);

(b) the functions of the Secretary and the Department under section 408 of the Federal Food, Drug and Cosmetic Act, as amended (certifying the safe use of certain pesticides); and

(c) the functions vested by applicable law in the Secretary and the Department which are administered through the Environmental Quality Branch of the Plant Protection Division of the Agricultural Research Service (conducting an educational program on pesticide use through the extension service and conducting pest control programs which utilize pesticides).

4. From the Atomic Energy Commission and the Federal Radiation Council

(a) the functions of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended, administered through its Division of Radiation Protection Standards, which consist of the establishment of standards for the protection of the general environment from radioactive material (limits on radiation exposures or levels, or concentrations of radioactive material in the general environment outside of locations under control of persons possessing or using such materials). The Commission would retain its responsibility for the implementation and enforcement of radiation standards through its licensing authority; and

(b) all functions of the Federal Radiation Council (advising the President relative to radiation matters directly or indirectly affecting health, guidance to Federal agencies in the formulation of radiation standards and establishment and execution of programs in cooperation with the States).

5. From the Council on Environmental Quality

Those functions of the Council under section 204 (5) of the National Environmental Policy Act of 1969 which require it to conduct studies, investigations and analyses relating to ecological systems. The council would retain its authority to conduct studies and research relative to environmental quality.

SUMMARY OF THE ROLE AND PRINCIPAL FUNCTIONS OF THE ENVIRONMENTAL PROTECTION AGENCY

According to the President's message, accompanying Plan 3, the principal functions of EPA would include (a) the establishment and enforcement of en

vironmental protection standards consistent with national environmental goals; (b) the conduct of research on the adverse effects of pollution and on methods and equipment for controlling it; (c) the gathering of information on pollution and the use of this information in strengthening environmental protection programs and recommending policy changes; (d) assisting others, through grants, technical assistance and other means in arresting pollution of the environment; and (e) assisting the Council on Environmental Quality in developing and recommending to the President new policies for the protection of the environment, with particular reference to abating pollution by the establishment and enforcement of pollution control standards.

BENEFITS EXPECTED TO BE DERIVED FROM PLAN NO. 3 OF 1970

The President, in his message accompanying Plan 3 of 1970, discussed the advantages of the proposed reorganization. They are summarized, as follows: 1. It would permit response to environmental problems in a manner beyond the previous capability of our pollution control programs. The EPA would have the capacity to do research on important pollutants irrespective of the media in which they appear, and on the impact of these pollutants on the total environment. Both by itself and together with other agencies, the EPA would monitor the conditions of the environment-biological as well as physical-an the resulting data would enable it to establish quantitative "environmental baselines" which are critical if we are to measure adequately the success or failure of our pollution abatement efforts.

2. It would enable the establishment and enforcement of standards for air and water quality and for individual pollutants, in concert with the States, which cannot be accomplished with a disjointed array of separate programs. The proposed consolidation of pollution control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to minimize the adverse impact of their activities on the environment would be assured of consistent standards covering the full range of their waste disposal problems; and as the States develop and expand their own pollution control programs, they would be able to look to one agency to support their efforts with financial and technical assistance and training.

3. It would centralize in one independent agency the responsibility for environmental protection and pollution abatement and control. Noting that the proposal for the establishment of a new agency was contrary to one of his principles that as a matter of effective and orderly administration, new independent agencies should not be created, the President stated that the arguments against placing environmental protection activities under the jurisdiction of an existing department or agency were compelling.

First, almost every part of the government is concerned with the environment in some way. However, each department has its own primary mission, such as resource development, transportation, health, defense, urban growth or agriculture, and this mission necessarily affects its own view of environmental questions.

Second, if the critical standard-setting functions were centralized within any one existing department, it would require that department constantly to make decisions affecting other departments, in which its own objectivity as an impartial arbiter could be called into question. Because environmental protection cuts across so many jurisdictions, and because arresting environmental deterioration is of great importance to the quality of life in our country and the world, the President concluded that a strong, independent agency is needed which would work closely with and draw upon the expertise and assistance of other agencies having experience in the environmental area.

ADMINISTRATIVE AND BUDGETARY DATA

It is estimated that for fiscal year 1971, the Environmental Protection Agency will have approximately 5,791 authorized positions and an estimated budget of $1.4 billion. According to information furnished by the Office of Management and Budget, these figures may be compared with 5,322 authorized positions and a budget of $768,331,000 for these activities in fiscal year 1970; the additional sum of approximately $631,000,000, for fiscal year 1971, represents congressional action increasing the amount of funds available for water quality grants.

The major portion of both funds and authorized positions do not represent new resources, but rather a transfer of existing resources, in terms of both personnel and funds, from those departments and agencies which are now performing the

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functions which would be transferred to the new Agency. Thus, in terms of positions, of the 5,791 requested for fiscal year 1971, 2,625 would be transferred from the Department of HEW; 2,998 from the Department of the Interior; 461 from the Department of Agriculture; 3 from the Atomic Energy Commission; and 4 from the Federal Radiation Council. In terms of funds, $157,602,000 would be transferred from the Department of HEW; $1,234,067,000 from the Department of the Interior; $7,482,000 from the Department of Agriculture; $75,000 from the Atomic Energy Commission; and $144,000 from the Federal Radiation Council. Based upon total 1970 fiscal year funding obligations of $768,331,000 and 5.322 authorized positions, approximately 19.1 percent of the funding and 48.1 percent of the authorized personnel are derived from the Department of HEW; 80.2 percent of the funding and 46.0 percent of the personnel from the Department of the Interior; and 0.6 percent of the funding and 6.0 percent of the personnel from the Department of Agriculture. (Percentage relationships of the Atomic Energy Commission and the Federal Radiation Council have not been included, since they constitute less than one tenth of one percent of the total).

Approved:

JAMES R. CALLOWAY,

Chief Counsel and Staff Director.

ELI E. NOBLEMAN, Professional Staff Member.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

JULY 27, 1970. Staff Memorandum No. 91-2-25 Subject: Reorganization Plan No. 4 of 1970-National Oceanic and Atmospheric

Administration

Reorganization Plan No. 4 of 1970 was transmitted by the President to the Congress on July 9, 1970, and referred to the Subcommittee on Executive Reorganization on July 15, 1970. Unless disapproved by a majority vote of either House of the Congress, prior thereto, it will become effective on September 8, 1970, the 61st day following transmittal of the plan. The last day for floor action on a resolution of disapproval will be September 7, 1970.

Hearings on Plans 3 and 4 have been scheduled by the Subcommittee on Executive Reorganization for July 28 and 29, 1970.

PURPOSE

Plan No. 4 of 1970 is the second part of an effort to organize rationally and systematically the activities of the Federal Government which relate to the environment, the first part of which is contained in Plan No. 3 of 1970 (see Staff Memorandum No. 91-2-23, July 23, 1970). Plan No. 4 would bring together in a single new administration, within the Department of Commerce, the major Federal programs dealing with the oceans and the atmosphere, now located in four Cabinet departments and one independent agency.

The plan would (1) establish within the Department of Commerce, a new administration-the National Oceanic and Atmospheric Administration (NOAA)-headed by an Administrator, a Deputy Administrator and an Associate Administrator, appointed by the President, subject to Senate confirmation, at Levels III ($40,000), IV ($38,000) and V ($36,000), respectively, of the Executive Schedule Pay Rates; (2) redesignate the Commissioned Officer Corps of the Environmental Science Services Administration (ESSA) as the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration; (3) authorize the President, subject to Senate confirmation and at his discretion, to fill the office of Associate Administrator from the active list of the commissioned officers of the Administration, and to appoint two commissioned officers to serve at any one time as the designated heads of two principal constituent organizational entities of the Administration, or to designate one such officer as the head of the Commissioned Corps of the Administration; (4) provide that the officer serving as Associate Administrator shall have the rank, pay and allowances not exceeding those of Vice Admiral, and the two additional commissioned officers shall have the rank, pay and allowances not exceeding those of Rear Admiral (upper half); (5) authorize the Secretary of Commerce, subject to Presidential approval, to appoint three additional officers in the Ad

ministration, under the classified civil service, who shall perform such functions as the Administrator shall assign, have such titles as the Secretary shall determine, and be compensated at Level V ($36,000) of the Executive Schedule Pay Rates; (6) transfer to the Secretary of Commerce, with authority to delegate their performance, (a) certain functions of the Secretary or the Department of the Interior, and its Bureaus of Commercial Fisheries and Sport Fisheries and Wildlife, relating to commercial and sport fish activities, together with certain facilities; (b) the functions of the Secretary of the Interior which are administered through the Marine Minerals Technology Center of the Bureau of Mines; (c) the functions of the National Science Foundation under the Sea Grant Programs; (d) certain functions of the Secretary of Defense, assigned to the Corps of Engineers, Department of the Army, relative to the United States Lake Survey; and (7) abolish, exclusive of any functions, the Environmental Science Services Administration of the Department of Commerce, including the offices of Administrator and Deputy Administrator, and the Bureau of Commercial Fisheries in the Department of the Interior, including the office of Director.

The plan also contains provisions safeguarding the rights, privileges and benefits of all members of the Commissioned Corps to which they were entitled as commissioned officers of the Environmental Science Services Administration, including those heretofore afforded to commissioned officers of the former Coast and Geodetic Survey. However, members of the Commissioned Officers Corps who are appointed to positions provided for in the plan above the grade of Captain in order to fill those positions, would revert back to their regular grades, upon termination of the assignment or retirement, unless otherwise assigned to a higher graded position.

In addition to the transfers provided for in Plan No. 4, following the establishment of the National Oceanic and Atmospheric Administration, the President will transfer to the Secretary and the Department of Commerce, the following functions, programs and elements, for which no legislative authority is required: (1) from the Department of the Navy, the National Oceanographic Data Center and the National Oceanographic Instrumentation Center; and (2) from the Department of Transportation (U.S. Coast Guard), the National Data Buoy Project. It should be noted that, if the Plan becomes effective, the largest element of the National Oceanic and Atmospheric Administration will be the Environmental Science Services Administration (ESSA) which is composed of the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center and the ESSA Research Laboratories. Since all of the functions of ESSA were vested in the Secretary of Commerce by Reorganization Plan No. 2 of 1965, the Secretary of Commerce will be able to delegate to the new Administration, and its Administrator, responsibility for the performance of the functions formerly performed by ESSA. Accordingly, Plan No. 4 of 1970 makes no provision for any transfer of functions from ESSA, but provides only for the abolishment of that agency, together with its offices of Administrator and Deputy Administrator, leaving its functions intact.

THE PRESIDENT'S MESSAGE

Reorganization Plans 3 and 4 of 1970 were transmitted in separate messages, accompanied by an additional message which detailed the need for and the major provisions of both plans.

In the general portion of the accompanying message, the President stated that as concern with the condition of our physical environment has intensified, it has become increasingly clear that more knowledge is needed concerning the total environment-land, water and air. He stated further that a reorganization of Federal efforts is necessary to enable the development of that knowledge and to effectively insure the protection, development and enhancement of the total environment. Noting that the Government's environmentally-related activities have grown up Piecemeal over the years, he concluded that the time has come to organize them rationally and systematically.

With respect to the oceans and the atmosphere, the President pointed out that they are interacting parts of the total environmental system upon which we depend, not only for the quality of our lives, but for life itself.

Emphasizing the urgency of the situation, the President stated further that we face immediate and compelling needs for better protection of life and property from natural hazards, and for a better understanding of the total environment,