(2) Plans, develops, coordinates, and maintains computer systems for data storage and retrieval in support of Administration comprehensive programs, enforcement studies, and special study projects. (3) Plans, encourages, and supports the development and use of automatic data collection devices and systems. (4) Plans and maintains a laboratory quality control program to insure uniformity and accuracy of all water quality data collection in Administration programs. Bureau of Facilities Programs

(1) Under the direction of the Commissioner, plans, approves, directs, and coordinates the programs, budgets, and activities of the Divisions of Facilities Construction Grants, Facilities Demonstration Grants, and Federal Facilities. (2) Develops and recommends policies, regulations, and procedures. (3) Provides staff services to the Commissioner and represents him on interagency and intradepartmental committees on appointment.

Division of Facilities Construction Grants.—(1) Administers the program of grants to States, municipalities, and intermunicipal and interstate agencies for the construction of necessary treatment works to prevent the discharge of untreated or inadequately treated wastes. Annual appropriation authorization, $150 million.

Division of Facilities Demonstration Grants.-(1) Administers the program of grants to States, municipalities, and intermunicipal or interstate agencies for assisting in the development of projects which demonstrate new or improved methods of controlling discharges of untreated or inadequately treated sewage or other wastes from sewers which carry storm water or both storm water and sewage or other wastes; and the program of contracts with public or private agencies and institutions and with individuals for the same purpose. Annual appropriation authorization $20 million of which up to $5 million may be used for contracting.

Division of Federal Facilities.—(1) Administers the programs required of the Administration under Executive Order 11258 for the prevention, control, and abatement of water pollution caused by Federal activities which includes: (a) Review of proposed pollution control and treatment measures proposed for new Federal installation and provision of advice on their adequacy and effectiveness; (b) consult and advise Federal agencies on their plans to control and abate pollution from existing installations; (c) provide broad technical assistance, including a review of Federal agency loan, grant, contract practices to determine the extent to which pollution control should be practiced by borrowers, grantees, and contractors; and a comprehensive study of water pollution caused by vessels operated by Federal installations and recommendation for its control.

Bureau of Research and Development

(1) Under the direction of the Commissioner, plans, approves, directs, and coordinates the research and development programs, budgets, and activities of the Divisions of Research, Engineering Development, and Research and Training Grants; (2) develops and recommends policies and procedures; (3) provides staff services to the Commissioner and represents him on interagency and intradepartmental committees as assigned.

Division of Research.—(1) Conducts within the administration a broad program of research relating to the causes, control, and prevention of water pollution which includes direct research, investigations, experiments, and studies (2) Contracts for the conduct of such research with public or private agencies and institutions and with individuals. (3) Provides technical assistance where the special qualifications of research personnel are required.

Division of Engineering Development.-(1) Conducts within the administration a program of full-scale demonstrations and field evaluations of new or improved waste treatment or control processes and measures which have resulted from new knowledge developed through research or from new applications of existing research information. (2) Contracts for such demonstrations and field evaluations with public or private agencies and institutions, industry, and individuals. (3) Develops and conducts special field research projects on specific pollution problems where engineering development and construction are special requirements for their solution.

Division of Research and Training Grants.-(1) Administers the program of grants to encourage and support research and training activities by public and private agencies and institutions and to individuals. (2) Administers the program of research fellowships. (3) Administers the program of grants for demonstrating the results of research findings by others.

Mr. QUIGLEY. Mr. Chairman, I read yesterday's record and with all due respect to the junior Senator from Connecticut and my former boss, I just don't share his interpretation or concern over the alleged downgrading status that he thinks might be inherent in this proposed organization plan.

This chart is my handiwork. I drew those boxes and did it deliberately, thinking that at long last I was doing what the people had been clamoring for for many years, that I was upgrading enforcement, I was bringing it out of that seventh subbasement we have heard so much about and bringing it right up under the wing of the Commissioner so that when an enforcement action was proposed it would not have to reach the Secretary's desk with 7 or 11 or 14 initials on it. All that it would take would be the recommendation of the Assistant Commissioner for Enforcement joined in by the Commissioner and signed by the Secretary and we were off and running. So, Senator Ribicoff's interpretation is just as far as I am concerned way wide of the mark and 180 degrees out.

The point that was raised I think in the colloquy between Senator Moss and and Senator Ribicoff about the concern of downgrading the Bureau of Technical Service, there was a unit for enforcement, of service, this again was done deliberately for the purpose of the people in technical service understanding clearly that they had a responsibility to provide service to prepare enforcement cases and to back up the enforcement program.

In other words, these people at times will be pulled off research benches, these people will be taken out of our Cincinnati facility, they will be sent where they have to go to do the job. I wanted our table of organization to reflect and for everybody to understand that this was one of the responsibilities of our technical service people.

They just were not going to be checking data because they like to check data or they like to put out reports or make comprehensive studies. All of these are important ongoing programs that they are supposed to be and will be concerned about on a day-to-day basis. But I want this clearly understood that backing up the enforcement program is clearly one of their responsibilities.

Senator MUSKIE. Let me ask a question or two in further clarification. According to the chart the Assistant Commissioner for Enforcement is directly responsible to you in a direct line?

Mr. QUIGLEY. That is right.

Senator MUSKIE. On another line which bypasses or appears to bypass the Assistant Commissioner of Enforcement is the Bureau of Technical Programs which includes the Division of Enforcement Service. That Bureau is directly responsible to you as Commissioner. It appears to bypass the Assistant Commissioner for Enforcement. This can simply be that you are not a very good artist.

I wonder if you would clarify that ambiguity?

Mr. QUIGLEY. The way I intended it was the Assistant Commissioner for Enforcement would be directly responsible to me. The Associate Commissioner for Technical Programs will also be directly responsible to me.

Senator MUSKIE. Now let me ask you this. Let me read what the plan says about the enforcement officer which is the Assistant Commissioner for Enforcement.

Mr. QUIGLEY. Right.

Senator MUSKIE. It reads as follows:

1. Prepares and coordinates preparation of enforcement actions to be taken by the Secretary on his own initiative or at the request of a Governor or a State water pollution control agency.

2. Prepares and coordinates preparation of enforcement actions resulting from violation of water quality standards adopted for interstate waters.

3. Provide post enforcement coordination and surveillance activities for compliance with the Secretary's recommendations.

Now as I understand it this says the initiative for the taking of enforcement actions appears to lie with the Assistant Commissioner who prepares recommendations to this effect for your consideration. Then you decide what recommendation to make to the Secretary. Mr. QUIGLEY. That is basically correct.

Senator MUSKIE. So you are in the driver's seat as to decision but the Assistant Commissioner is in the driver's seat as to initiative although this does not prevent you from taking the initiative on your

own.

Mr. QUIGLEY. That is right. In other words, if you say to the Assistant Commissioner for Enforcement, "Why don't we," everybody would be surprised if he did not. By the same token he comes to me and says, "Let's" I might say "No, not at this time."

Senator MUSKIE. Would that surprise anybody?
Mr. QUIGLEY. I would not answer that one.

Senator MUSKIE. The Assistant Commissioner would have to take certain initiatives and make certain recommendations to you. Now what tools does he have to enable him to do that? Before you answer that let me read what the proposed organization has to say about the Division of Enforcement Services which goes down another line, a different line, from the Commissioner to the Bureau of Technical Programs. It reads as follows:

Prepares and conducts technical surveys and studies and reports for the preparation of Federal enforcement actions. Two, prepares and conducts special surveys and studies on specific pollution problems defined in enforcement actions for which there is no immediate solution. Three, maintains surveillance on compliance with the Secretary's recommendations resulting from the enforcement action and the remedial measures and time schedules agreed on in connection therewith. Four, maintains surveillance on compliance with the adopted Interstate Water Quality Standards and their enforcement.

Now who directs the activities of this division?

Mr. QUIGLEY. Whoever the Associate Commissioner is, he is the responsible line official.

Senator MUSKIE. So he determines what time and what personnel would be devoted to the functions I have just read?

Mr. QUIGLEY. No, he does not. If there is a possible conflict between the Enforcement Commissioner and the Technical Service Commissioner, I suppose the Commissioner would make the decision What I was trying to do was to make it clear that our technical people had a responsibility to back up and support our enforcement people. Now maybe this is not said as well as it should be.

Senator MUSKIE. It seems to me it ought to be made clear, if this is your intent, and I gather that it is, that the Assistant Commissioner for Enforcement who has the initiative, and since you are going to be busy with a lot of things it is important that an Assistant Com

missioner have the initiative in this field and, if nothing else, enforcement-since he has the initiative that he ought to have the capacity and the authority to direct certain people to do certain work to enable him to look into certain situations and make certain recommendations. Right now from the chart, as I see it, he has to request them and there is not anything to assure that he is going to get the help he needs. This is your intent clearly.

Mr. QUIGLEY. This is my intent clearly, that he has to have the people that he needs to do this job.

Senator MUSKIE. Can you clarify this?

Mr. QUIGLEY. Recognizing the kind of operation enforcement is, that you probably are not going to have in-house biologists, hydrologists, chemists, and so forth, which you may need for one particular case and not for others.

I was trying to make it clear to our technical people that they have a responsibility to supply the backup support as needed.

Senator MUSKIE. Is there any reason why enforcement service should not be in the Office of the Assistant Commissioner for Enforcement?

Mr. QUIGLEY. Maybe "the enforcement service" are the wrong words as I visualize what I am trying to say here. The answer is "Yes." These people will be in the lab in Ada, Okla., and they will sometimes be in the lab at Cincinnati.

They will be up at Raritan Bay. The Raritan Bay case is a classic example I think which illustrates the problem. The enforcement action in the Raritan Bay case grew out of the hepatitis epidemic in 1961 in New York.

They had the conference. The conferees generally agreed that they did not have enough information on which to come to a firm conclusion and recommended action. The result was that we set up a field laboratory in the Raritan area and it has been doing a detailed study there for the last 3 or 4 years.

We are now at the stage where that report and their study is completed and we are about to go into a second conference, 4 years later. This is the kind of technical service, backup service, that I don't think should be part and parcel of the enforcement office group but I think they exist for the purpose in this instance of carrying out and getting the basic information needed to carry forward enforcement programs. All of these people presently operate under one of the technical branches because they are basically technicians.

They are biologists, hydrologists, chemists, and what have you. I want to make it clear here that the Assistant Commissioner for Enforcement has to have enough people on his staff to do his job.

I am suggesting that on a day-to-day operation we don't want to have six chemists running around with nothing to do because there are no enforcement cases we can use chemists on, we are dealing with a biology problem.

Senator MUSKIE. I understand that. For example, you cannot have a laboratory in Cincinnati assigned generally to the work of your program and then have another one just for the exclusive use of the assistant Commissioner for Enforcement.

Mr. QUIGLEY. Right.