Reorganization Plan.

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84 Stat. 2085 Reorganization Plan No. 2 of 1970 *Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled, March 12, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code,* Transmitted March 12, 1970.Effective July 1, 1970.[80 Stat. 393](/us/stat/80/393). OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL Part I. Office of Management and Budget Section 101. *Transfer of functions to the President.* There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget.

Sec. 102. *Office of Management and Budget.*

(a)The Bureau of the Budget in the Executive Office of the President is hereby designated as the Office of Management and Budget.

(b)The offices of Director of the Bureau of the Budget and Deputy Director of the Bureau of the Budget, arid the offices of Assistant Directors of the Bureau of the Budget which are established by statute (31 U.S.C. 16a. and 16c), are hereby designated Director of the Office [67 Stat. 299](/us/stat/67/299); [70 Stat. 887](/us/stat/70/887).of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively.

(c)There shall be within the Office, of Management and Budget not more than six additional officers, as determined from time to time by the Director of the Office of Management and Budget (hereinafter referred to as the Director). Each such officer shall be appointed by the Director, subject to the approval of the President, under the classified civil service, shall have such title as the Director shall from time to time determine, and shall receive compensation at the rate now or hereafter prescribed for offices and positions at Level V of the Executive Schedule (5 U.S.C. 5316).

(d)The Office of Management and Budget and the Director shall perform such functions as the President may from time to time delegate or assign thereto. The Director, under the direction of the President, shall supervise and direct the administration of the Office of Management and Budget.

(e)The Deputy Director of the Office of Management and Budget, the Assistant Directors of the Office of Management and Budget designated by this reorganization plan, and the officers provided for in subsection

(c)of this section shall perform such functions as the Director may from time to time direct.[80 Stat. 463](/us/stat/80/463); [83 Stat. 864](/us/stat/83/864).

(f)The Deputy Director (or during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director, such other officials of the Office of Management and Budget in such order as the President may from time to time designate) shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of Director. Sec. 103. *Records, property, personnel, and funds.* The records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of the Bureau of the Budget shall, upon the taking effect of the provisions of this reorganization plan, become records, property, personnel, and unexpended balances of the Office of Management and Budget. 84 Stat. 2086 Part II. Domestic Council Sec. 201. *Establishment of the Council.*

(a)There is hereby established in the Executive Office of the President a Domestic Council, hereinafter referred to as the Council.

(b)The Council shall be composed of the following: The President of the United States The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Secretary of Labor Secretary of Transportation Secretary of the Treasury and such other officers of the Executive Branch as the President may from time to time direct.

(c)The President of the United States shall preside over meetings of the Council : *Provided,* That, in the event of his absence, he may designate a member of the Council to preside. Sec. 202. *Functions of the Council.* The Council shall perform such functions as the President may from time to time delegate or assign thereto. Sec. 203. *Executive Director.* The staff of the Council shall be headed by an Executive Director who shall be an assistant to the President designated by the President. The Executive Director shall perform such functions as the President may from time ot time direct. Part III. Taking Effect Sec. 301. *Effective date.* The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United [80 Stat. 396](/us/stat/80/396).States Code, or on July 1, 1970, whichever is later. Reorganization Plan No. 3 of 1970 *Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 9, 1970, pursuant to the provisions of chapter 9 of title 5 of the United States Code.* Transmitted July 9, 1970.Effective December 2, 1970.[80 Stat. 393](/us/stat/80/393). ENVIRONMENTAL PROTECTION AGENCY Section 1. *Establishment of Agency.*

(a)There is hereby established the Environmental Protection Agency, hereinafter referred to as the “Agency.”

(b)There shall be at the head of the Agency the Administrator of the Environmental Protection Agency, 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 be compensated at the rate now or hereafter provided for Level II of [80 Stat. 460](/us/stat/80/460); [83 Stat. 864](/us/stat/83/864).the Executive Schedule Pay Rates (5 U.S.C. 5313). 84 Stat. 2087

(c)There shall be in the Agency a Deputy Administrator of the Environmental Protection Agency 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 provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). The Deputy[80 Stat. 460](/us/stat/80/460); [83 Stat. 864](/us/stat/83/864). Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and 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)There shall be in the Agency not to exceed five Assistant Administrators of the Environmental Protection Agency 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 provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). Each Assistant Administrator shall perform such functions as the Administrator shall from time to time assign or delegate. Sec. 2. *Transfers to Environmental Protection Agency.*

(a)There are hereby transferred to the Administrator:

(1)All functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorganization Plan No. 2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary[5 USC app.](/us/usc/t5) of the Interior or the Department of the Interior by the Federal Water Pollution Control Act or by provisions of law amendatory or supplementary thereof.

(i)The functions vested in the Secretary of the Interior by the Act of August 1, 1958. 72 Stat. 479, 16 U.S.C. 742d–1 (being an Act relating to studies on the effects of insecticides, herbicides, fungicides, and pesticides upon the fish and wildlife resources of the United States), and

(ii)the functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered by the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries at Gulf Breeze, Florida.

(3)The functions vested by law in the Secretary of Health, Education, and Welfare or in the. Department of Health, Education, and Welfare which are administered through the. Environmental Health Service, including the functions exercised by the following components thereof:

(i)The National Air Pollution Control Administration,

(ii)The Environmental Control Administration:

(A)Bureau of Solid Waste Management,

(B)Bureau of Water Hygiene,

(C)Bureau of Radiological Health, except that functions carried out by the following components of the Environmental Control Administration of the Environmental Health Service are not transferred :

(i)Bureau of Community Environmental Management,

(ii)Bureau of Occupational Safety and Health, and

(iii)Bureau of Radiological Health, insofar as the functions carried out by the latter Bureau pertain to

(A)regulation of radiation from consumer products, including electronic product radiation,

(B)radiation as use 1 in the healing arts,

(C)occupational exposures to radiation, and

(D)research, technical assistance, and training related to clauses (A), (B), and (C). 84 Stat. 2088

(4)The functions vested in the Secretary of Health, Education, and Welfare of establishing tolerances for pesticide chemicals under the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 346, [52 Stat. 1049](/us/stat/52/1049).[68 Stat. 511](/us/stat/68/511).[72 Stat. 1785](/us/stat/72/1785).346a, and 348, together with authority, in connection with the functions transferred,

(i)to monitor compliance with the tolerances and the effectiveness of surveillance and enforcement, and

(ii)to provide technical assistance to the States and conduct research under the Federal Food, Drug, and Cosmetic Act, as amended, and the Public Health [58 Stat. 682](/us/stat/58/682).[42 USC 201 note](/us/usc/t42/s201).Service Act, as amended.

(5)So much of the functions of the Council on Environmental Quality under section 204(5) of the National Environmental Policy Act of 1969 (Public Law 91–190, approved January 1, 1970, 83 Stat. [42 USC 4344](/us/usc/t42/s4344).855), as pertains to ecological systems.

(6)The functions of the Atomic Energy Commission under the [68 Stat. 919](/us/stat/68/919).[42 USC 2011 note](/us/usc/t42/s2011).Atomic Energy Act of 1954, as amended, administered through its Division of Radiation Protection Standards, to the extent that such functions of the Commission consist of establishing generally applicable environmental standards for the protection of the general environment from radioactive material. As used herein, standards mean limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations under the control of persons possessing or using radioactive material.

(7)All functions of the Federal Radiation Council (42 U.S.C. [73 Stat. 690](/us/stat/73/690).2021(h)).

(i)The functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, [61 Stat. 163](/us/stat/61/163); [73 Stat. 286](/us/stat/73/286).and Rodenticide Act, as amended (7 U.S.C. 135–135k), (ii ) the functions of the Secretary of Agriculture and the Department of Agriculture under section 408(1) of the Federal Food, Drug, and Cosmetic [68 Stat. 511](/us/stat/68/511).Act, as amended (21 U.S.C. 346a(1)), and

(iii)the functions vested by law in the Secretary of Agriculture and the Department of Agriculture which are administered through the Environmental Quality Branch of the Plant Protection Division of the Agricultural Research Service.

(9)So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section as is incidental to or necessary for the performance by or under the Administrator of the functions transferred by those provisions or relates primarily to those functions. The transfers to the Administrator made by this section shall be deemed to include the transfer of

(1)authority, provided by law, to prescribe regulations relating primarily to the transferred functions, and

(2)the functions vested in the Secretary of the Interior and the Secretary of Health, Education, and Welfare by section 169(d)(1)(B) and

(3)of the Internal Revenue Code of 1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat. [26 USC 169](/us/usc/t26/s169).668) ; but shall be deemed to exclude the transfer of the functions of the Bureau of Reclamation under section 3(b)

(1)of the Water Pollution[75 Stat. 204](/us/stat/75/204); [79 Stat. 903](/us/stat/79/903).[33 USC 1153](/us/usc/t33/s1153). Control Act (33 U.S.C. 466a(b) (1)).

(b)There are hereby transferred to the Agency:

(1)From the Department of the Interior,

(i)the Water Pollution [70 Stat. 503](/us/stat/70/503).[33 USC 1159](/us/usc/t33/s1159).Control Advisory Board (33 U.S.C. 466f), together with its functions, and

(ii)the hearing boards provided for in sections 10(c)

(4)and 10(f) of the Federal Water Pollution Control Act, as amended (33 [79 Stat. 907, 910](/us/stat/79/907/910); [80 Stat. 1251](/us/stat/80/1251).[33 USC 1160](/us/usc/t33/s1160).U.S.C. 466g(c) (4); 466g(f) ). The functions of the Secretary of the Interior with respect to being or designating the Chairman of the 84 Stat. 2089Water Pollution Control Advisory Board are hereby transferred to the Administrator.

(2)From the Department of Health, Education, and Welfare, the Air Quality Advisory Board (42 U.S.C. 1857e), together with its[81 Stat. 498](/us/stat/81/498). functions. The functions of the Secretary of Health, Education, and Welfare with respect to being a member and the Chairman of that Board are hereby transferred to the Administrator. Sec. 3. *Performance of transferred functions.* The Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any other officer, or by any organizational entity or employee, of the Agency. Sec. 4. *Incidental transfers.*

(a)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 to the Administrator or the Agency by this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Agency at such time or times as the Director shall direct.

(b)Such further measures and dispositions as the Director of Office of Management and Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection

(a)of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 5. *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 ease may be.

(b)The President may similarly authorize any such person to act as Deputy Administrator, authorize any such person to act as Assistant Administrator, and authorize any such person to act as the head of any principal constituent organizational entity of the Administration.

(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 of 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. Sec. 6. *Abolitions.*

(a)Subject to the provisions of this reorganization plan, the following, exclusive of any functions, are hereby abolished:

(1)The Federal Water Quality Administration in the Department of the Interior (33 U.S.C. 466–1).*Ante*, p. 113.

(2)The Federal Radiation Council (73 Stat. 690; 42 U.S.C. 2021(h)).

(b)Such provisions as may be necessary with respect to terminating any outstanding affairs shall be made by the Secretary of the Interior in the case of the Federal Water Quality Administration and by the Administrator of Genera] Services in the case of the Federal Radiation Council. Sec. 7. *Effective date.* The provisions of this reorganization plan shall take effect sixty days after the date they would take effect under 5 U.S.C. 906(a) in the absence of this section.[80 Stat. 396](/us/stat/80/396).

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