the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle will be brought into conformity with the standards, requirements, and limitations applicable to it under this title.

"(3) A new motor vehicle or motor vehicle engine intended solely for export, and so labeled or tagged on the outside of the container and on the vehicle or engine itself, shall not be subject to the provisions of subsection (a) if it is shown that the failure so to comply would not be in conflict with any standard, requirement, or limitation imposed by the country of designation and such compliance would make the vehicle unacceptable to the purchaser or consignee.

"INJUNCTION PROCEEDINGS

"SEC. 205. (a) The district courts of the United States shall have jurisdiction to restrain violations of paragraph (1), (2), or (3) of section 204 (a).

"(b) Actions to restrain such violations shall be brought by and in the name of the United States. In any such action, subpenas for witnesses who are required to attend a district court in any district may run into any other district.

"PENALTIES

"SEC. 206. Any person who violates paragraph (1), (2), or (3) of section 204 (a) shall be subject to a fine of not more than $1,000. Such violation with respect to section 204(a)(1) and 204(a) (3) shall constitute a separate offense with respect to each new motor vehicle or new motor vehicle engine.

"INSPECTIONS

"SEC. 207. For purposes of enforcement of this title, officers and employees designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized to enter, at reasonable times, any factory, warehouse, or other business establishment or premises where new motor vehicles or new motor vehicle engines are manufactured, assembled, or held prior to their sale or delivery to the ultimate consumer, or are being worked on after such sale or delivery, and to make a reasonable inspection of such vehicles or engines to determine compliance with this title and regulations thereunder.

"RECORDS AND REPORTS

"SEC. 208. (a) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and regulations thereunder.

"(b) All information reported shall be considered confidential for the purpose of section 1905 of title 18 of the United States Code, except where such information is related to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act.

"DEFINITIONS FOR TITLE II

"SEC. 209. As used in this title

"(a) The term 'manufacturer' means any person engaged in the manufacturing or assembling of new motor vehicles or motor vehicle engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles or motor vehicle engines, but shall not include any dealer with respect to new motor vehicles or motor vehicle engines received by him in commerce.

"(b) The term 'motor vehicle' means any gasoline-powered self-propelled vehicle designed for transporting persons or property on a street or highway. "(c) The term 'new motor vehicle' means a motor vehicle the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimtae purchaser.

"(d) The term 'dealer' means any person resident or located in any State who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser.

"(e) The term 'ultimate purchaser' means, with respect to any new motor vehicle or new motor vehicle engine, the first person, other than a dealer pur

chasing in his capacity as a dealer, who in good faith purchases such new motor vehicle or new engine for purposes other than resale.

"(f) The term 'commerce' means (1) commerce between any place in any State and any place outside thereof; and (2) commerce wholly within the District of Columbia."

SEC. 102. (a) Paragraph (1) of subsection (c) of the redesignated section 105 of the Clean Air Act (which relates to abatement of air pollution) is amended by adding at the end thereof the following new subparagraph:

"(D) Whenever the Secretary, upon receipt of reports, surveys, or studies from any duly constituted international agency, has reason to believe that any pollution referred to in subsection (a) which endangers the health or welfare of persons in a foreign country is occurring, or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Secretary of Health, Education, and Welfare shall give formal notification thereof to the air pollution control agency of the municipality where such discharge or discharges originate, to the air pollution control agency of the State in which such municipality is located, and to the interstate air pollution control agency, if any, in the jurisdictional area of which such municipality is located, and shall call promptly a conference of such agency or agencies. The Secretary shall invite the foreign country which may be adversely affected by the pollution to attend and participate in the conference, and the representative of such country shall, for the purpose of the conference and any further proceeding resulting from such conference, have all the rights of a State air pollution control agency."

(b) So much of subsection (f) of such redesignated section 105 as precedes clause (2) of such subsection is amended to read as follows:

"(f) If action reasonably calculated to secure abatement of the pollution within the time specified in the notice following the public hearing is not taken, the Secretary

“(1) in the case of pollution of air which is endangering the health or welfare of persons (A) in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, or (B) in a foreign country, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution, and". SEC. 103. Redesignated section 103 of the Clean Air Act (which relates to research, investigations, and training) is amended

(1) by striking out the word "and" at the end of paragraphs (1), (2), and (3) of subsection (a) thereof;

(2) by striking out the period at the end of paragraph (4) of subsection (a) thereof and inserting in lieu thereof "; and";

(3) by adding after paragraph (4) of subsection (a) thereof the following new paragraph (5):

"(5) conduct and accelerate research programs (A) relating to the means of controlling hydrocarbon emissions resulting from the evaporation of gasoline in carburetors and fuel tanks, and the means of controlling emissions of oxides of nitrogen and aldehydes from gasoline-powered or diesel-powered vehicles, and to carry out such research the Secretary shall consult with the technical committee established under section 106 of this Act, and for research concerning diesel-powered vehicles he may add to such committee such representatives from the diesel-powered vehicle industry as he deems appropriate; and (B) directed toward the development of improved lowcost techniques designed to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels." and

(4) by adding at the end of such section the following new subsection: "(d) The Secretary is authorized to construct a Federal Air Pollution Control Laboratory and shall staff and equip such laboratory as necessary to conduct such phases of the national research and development program for the prevention and control of air pollution as he deems appropriate."

SEC. 104. Redesignated section 106 of the Clean Air Act is amended by inserting at the end thereof a new subsection as follows:

"(c) The technical committee appointed pursuant to subsection (a) shall recommend standards for the allowable exhaust emissions of pollutants from new motor vehicles and new motor vehicle engines to the Secretary not later than January 31, 1966."

TITLE II-SOLID WASTE DISPOSAL

SHORT TITLE

SEC. 201. This title (hereinafter referred to as "this Act") may be cited as the "Solid Waste Disposal Act".

PURPOSES

SEC. 202. The purposes of this Act are

(1) to initiate and accelerate a national research and development program for new and improved methods of proper and economic solid waste disposal, including studies directed toward the conservation of natural resources by reducing the amount of waste and unsalvageable materials and by recovery and utilization of potential resources in solid wastes; and

(2) to provide technical and financial assistance to State and local governments and interstate agencies in the planning, development, establishment, and conduct of solid waste disposal programs.

DEFINITIONS

SEC. 203. When used in this Act

(a) The term "Secretary" means the Secretary of Health, Education, and Welfare; except that such term means the Secretary of the Interior with respect to problems of solid waste resulting from the extraction, processing, or utilization of minerals or fossil fuels where the generation, production, or reuse of such waste is or may be controlled within the extraction, processing, or utilization facility or facilities and where such control is a feature of the technology or economy of the operation of such facility or facilities.

(b) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(c) The term "interstate agency” means an agency of two or more municipalities in different States, or an agency established by two or more states, with authority to provide for the disposal of solid wastes and serving two or more municipalities located in different States.

(d) The term "solid waste" means garbage, refuse, and other discarded solid materials, including solid-waste materials resulting from industrial, commercial, and agricultural operations, and from community activities.

(e) The term "solid-waste disposal" means the collection, storage, treatment, utilization, processing, or final disposal of solid waste.

(f) The term "construction", with respect to any project of construction under this Act, means (1) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures. and (2) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled. altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and the inspection and supervision of the process of carrying out the project to completion.

RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES

SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the operation and financing of solid-waste disposal programs, the development and application of new and improved methods of solid-waste disposal (including devices and facilities therefor), and the reduction of the amount of such waste and unsalvageable waste materials.

(b) In carrying out the provisions of the preceding subsection, the Secretary is authorized to

(1) collect and make available, through publications and other appropriate means, the results of, and other information pertaining to, such research and other activities, including appropriate recommendations in connection therewith;

(2) cooperate with public and private agencies, institutions, and organizations, and with any industries involved, in the preparation and the conduct of such research and other activities; and

(3) make grants-in-aid to, or contract with, public or private agencies and institutions and individuals for research and training projects; and such contracts for research may be made in accordance with and subject to the limitations provided with respect to research contracts of the military departments in title 10, United States Code, section 2353, except that the determination, approval, and certification required thereby shall be made by the Secretary; except that not to exceed 25 per centum of the total amount appropriated pursuant to the authorization in this Act for any fiscal year may be obligated for the purposes of this paragraph during such fiscal year. (4) make grants to any State, municipality, or intermunicipal, or interstate agency for the purpose of assisting in the development (including the construction of facilities) of any project which will demonstrate a new or improved method of disposing of solid wastes, except that (A) not more than two-thirds of the cost of any project approved by the Secretary may be paid from the appropriations made pursuant to this Act, (B) not more than 121⁄2 per centum of the appropriations made pursuant to this Act and expended under this paragraph may be expended in any one State, (C) no grant shall be made under this subsection to any municipality that has not enacted or is not subject to a law, ordinance, or other regulation prohibiting open burning of solid wastes and containing enforcement procedures insuring that disposal facilities will have a beneficial effect on reducing air pollution, (D) no grant shall be made for any facility under this subsection until the applicant has made provision satisfactory to the Secretary to assure the proper and efficient operation and maintenance of the facility after completion of the contruction thereof, and (E) no grant shall be made under this paragraph until the Secretary has consulted with the appropriate official as designated by the Governor or Governors of the States affected. (c) (1) No part of any appropriated funds may be expended pursuant to authorization given by this Act involving any scientific or technological research or development activity unless such expenditure is conditioned upon provisions effective to insure that all information, copyrights, uses, processes, patents, and other developments resulting from that activity will be made freely available to the general public. Nothing contained in this subsection shall deprive the owner of any background patent relating to any such activity, without his consent, of any right which that owner may have under that patent.

(2) Whenever any information, copyright, use, process, patent, or development resulting from any such research or development activity conducted in whole or in part with appropriated funds expended under authorization of this Act is withheld or disposed of by any person, organization, or agency in contravention of the provisions of subsection (c) (1), the Attorney General shall institute, upon his own motion or upon request made by any person having knowledge of pertinent facts, an action for the enforcement of the provisions of such subsection in the district court of the United States for any judicial district in which any defendant resides, is found, or has a place of business. Such court shall have jurisdiction to hear and determine such action, and to enter therein such orders and decrees as it shall determine to be required to carry into effect fully the provisions of this subsection. Process of the district court for any judicial district in any action instituted under this subsection may be served in any other judicial district of the United States by the United States marshal thereof. Wherever it appears to the court in which any such action is pending that other parties should be brought before the court in such action, the court may cause such other parties to be summoned from any judicial district of the United States.

INTERSTATE AND INTERLOCAL COOPERATION

SEC. 205. The Secretary shall encourage cooperative activities by the States and local governments in connection with solid-waste-disposal programs; encourage, where practicable, interstate, interlocal, and regional planning for, and the conduct of, interstate, interlocal, and regional solid-waste-disposal programs;

and encourage the enactment of improved and, so far as practicable, uniform State and local laws governing solid-waste disposal.

SEC. 206. Section 104 of the Clean Air Act is amended by inserting at the end thereof a new subsection (d) as follows:

"(d) not to exceed 10 per centum of amounts appropriated pursuant to section 210 of the Solid Waste Disposal Act for any fiscal year may be used by the Secretary to make grants to State or interstate air pollution control agencies in an amount up to two-thirds of the cost of making or arranging for surveys of solid-waste-disposal practices and problems within the jurisdictional areas of such agencies, and of developing solid-waste, disposal plans for such areas. The Secretary shall make a grant under this section only if he finds that there is satisfactory assurance that the planning of solid-waste disposal will be coordinated, so far as practicable, with other related State, interstate, regional, and local planning activities, including those financed in part with funds pursuant to section 701 of the Housing Act of 1954,"

LABOR STANDARDS

SEC. 207. No grant for a project of construction under this Act shall be made unless the Secretary finds that the application contains or is supported by reasonable assurance that all laborers and mechanics employed by contractors or subcontractors on projects of the type covered by the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with that Act; and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

OTHER AUTHORITY NOT AFFECTED

SEC. 208. This Act shall not be construed as superseding or limiting the authorities and responsibilities, under any other other provisions of law, of the Secretary, the Secretary of the Interior, or any other Federal officer, department, or agency.

PAYMENTS

SEC. 209. Payments under this Act may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Secretary may determine.

APPROPRIATIONS

SEC. 210. There are hereby authorized to be appropriated for the purposes of carrying out this Act, and section 104(d) of the Clean Air Act, $20,000,000 for each of the fiscal years ending June 30, 1966, and June 30, 1967. Sums so appropriated shall remain available until expended.

[S. 306, 89th Cong., 1st sess.]

AN ACT To amend the Clean Air Act to require standards for controlling the emission of pollutants from gasoline-powered or diesel-powered vehicles to establish a Federal Air Pollution Control Laboratory, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-AMENDMENTS TO CLEAN AIR ACT

SEC. 101. The Clean Air Act is amended (1) by inserting immediately above the heading of section 1: "TITLE I-AIR POLLUTION PREVENTION AND CONTROL"; (2) by changing the words "this Act" wherever they appear in sections 1 through 7 to "this title"; (3) by redesignating sections 1 through 7 and references thereto as sections 101 through 107; (4) by redesignating sections 8 through 14 and references thereto as sections 301 through 307; (5) by inserting immediately above the heading of the so redesignated section 301: