SEC. 206. Section 104 of the Clean Air Act is amended by inserting at the end therof 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. 133z15) 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 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. Passed the Senate May 18, 1965. FELTON M. JOHNSTON, Secretary. (Agency reports on the aforementioned bills are as follows:) Hon. OREN HARRIS, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., July 8, 1965. Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in response to your request for a report on S. 306, a bill "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.” This will also respond to your request for the views of the Bureau of the Budget on H.R. 463, H.R. 4001, H.R. 7065, H.R. 7394, and H.R. 7429, bills of related purpose. The major provisions of S. 306 are: 1. The Clean Air Act would be amended to authorize and require the Secretary of Health, Education, and Welfare to prescribe, publish, and enforce stand ards for the allowable emissions of pollutants from gasoline-powered vehicles, no later than September 1, 1967. Penalties are established for prohibited acts and implementing regulations authorized. 2. The Secretary would be required to develop standards for allowable emissions from diesel-powered vehicles and to recommend to the Congress regulatory legislation therefor by January 31, 1967. 3. The abatement procedures authorized by the act would be extended to cover cases of air pollution originating in the United States and endangering the health and welfare of persons in a foreign country. 4. The act would be amended to provide for the conduct and acceleration of research programs relating to the means of controlling hydrocarbon and other emissions from gasoline-powered or diesel-powered vehicles; and to develop lowcost techniques to reduce the emission of sulfur oxides produced by the combustion of sulfur-bearing fuels. 5. The Secretary would be authorized to construct, staff, and equip a Federal Air Pollution Control Laboratory. 6. A new title, the "Solid Waste Disposal Act," would be added, authorizing a national research, development, demonstration, and planning assistance program to promote new and improved methods of disposing of solid wastes. The portions of this program related to domestic solid wastes and trash would be administered by the Secretary of Health, Education, and Welfare and those aspects related to metal salvage and reclamation and mining wastes would be administered by the Secretary of the Interior. The enactment by the Congress of the Clean Air Act in December 1963 has greatly furthered activities directed toward dealing with this problem through both research and the application of control techniques and procedures. The basic objectives of S. 306 seem to us to be directed toward continuing and accelerating the progress which was spurred by that act and consistent too with the President's urging that we "end the poisoning of *** the air we breathe," and that we seek better solutions to the problems posed by the rapid increase in solid wastes. Our comments on specific provisions of S. 306 are as follows: 1. We support the extension of the abatement provisions of the act to international air pollution originating in the United States, as recommended by the President in his message on natural beauty. The President also recommended that the act be amended to permit the Secretary of Health, Education, and Welfare to investigate potential air pollution problems before damage actually begins and to make recommendations on the avoidance of damage. The Department of Health, Education, and Welfare has provided to the committee suggested language for such an amendment. We recommend its inclusion in the bill. 2. We join the Department of Health, Education, and Welfare in questioning seriously the desirability of amending section 3 of the act to identify a few specific pollutants for accelerated research. Section 3 of the act already authorizes a broad research and training program, including all types of polluting emissions from automotive vehicles. We believe that the overall air pollution research effort will be most effective if the program is free to follow the leads which are technically most promising. 3. We do not believe the bill should authorize the establishment of a specified Federal Air Pollution Control Laboratory. Instead, we support the view of the Department of Health, Education, and Welfare that general authority is needed to construct facilities which may be required to carry out the functions authorized by the Clean Air Act. The authority for construction of facilities needed in the air pollution control program should not, however, be subject to the appropriation limitations now contained in section 13 of the act. Inclusion within those limitations would require the discontinuance of much ongoing research and control work for any budget year for which construction funds were requested. 4. The provisions of S. 306 relating to patents and copyrights do not provide the flexibility provided in the President's patent policy memorandum of October 10, 1963. In our view, patent policy should be addressed by general regulation or legislation, rather than by piecemeal application to individual programs. Accordingly, if legislation is to be enacted in this area, we support the general approach taken in S. 1809. We therefore, recommend deletion of subsection (c) of section 209 of the proposed Solid Waste Disposal Act. In addition to the above specific comments on S. 306, we wish to recommend the committee's favorable consideration of technical and clarifying amendments suggested in the report of the Department of Health, Education, and Welfare. With respect to the solid waste title, we recommend revisions in accordance with the draft submitted with the report of that Department. We recommend against enactment of the remaining bills because we believe that S. 306, with the amendments which we have recommended, is best adapted to the purpose of reducing air pollution. However, with respect to three of the other bills, we wish to bring three specific objections to your attention: 1. H.R. 7065 and H.R. 7394 would amend the Internal Revenue Code of 1954. In his message on natural beauty, the President reported: "I have directed the Chairman of the Council of Economic Advisers, with the appropriate departments, to study the use of economic incentives as a technique to stimulate pollution prevention and abatement, and to recommend actions or legislation, if needed." The study is underway, with Bureau of the Budget participation, but has not yet progressed to the point of providing recommendations. We believe that the study should be completed before tax legislation of this type is considered. In addition, we believe that tax measures should generally not be proposed as portions of substantive legislation. 2. We agree fully with the objectives of H.R. 7429 and are working, in conjunction with the Department of Health, Education, and Welfare, toward the bill's purpose of reducing air pollution from Federal installations. However, we believe that the existing authority of the Clean Air Act is adequate and that enactment of the bill is not necessary. The last sentence of the proposed section 7(c) directs Federal agencies to request funds for control measures from the Congress. If this sentence were construed as an attempt to limit the authority of the President under the Budget and Accounting Act and related statutes, it would seriously conflict with the established budgetary process. We therefore recommend against enactment of section 7 (c) of H.R. 7429. 3. Finally, we object to the provisions regarding the establishment of statuatory interagency committees in certain of the bills. Flexible arrangements are advisable in fast-moving scientific and technical areas. Section 203 (a)(3) of the administration-proposed amendment to S. 306 submitted with the report of the Department of Health, Education, and Welfare deals with solid wastes. We wish to make specific the administration's views on the application of that section to the restoration of abandoned strip mine land. Section 205 of the Appalachian Regional Development Act of 1965 authorizes a comprehensive study of the strip mine problem in the United States to provide a factual basis for policies under which the Federal Government may participate in an action program. The law requires that this study be completed and submitted to the President, and by him to the Congress with his recommendations by July 1, 1967. The Appalachian Act authorized limited rehabilitation of unreclaimed strip-mined areas in the Appalachian region only until the study is completed. Congress subsequently restricted the action program under the legislation to publicly owned land. We concur fully in the Congress' objectives in authorizing the study and in restricting the action program: Establishing a sound factual basis for Federal action, and preventing windfall financial gain to private landowners from the expenditure of Federal funds to reclaim abandoned strip mines located on their properties. The solid waste title of the bill under consideration permits demonstration projects only, but the authorization is not restricted to public lands. However, the Department of the Interior has indicated that use of this authority to reclaim strip-mined private land will not be undertaken unless provision and procedure for preventing windfall financial gain to private property owners are assured. We share the Department's concern and intend to support fully the Department's efforts in this regard. We believe that strip mine rehabilitation expenditures should be restricted to publicly owned land except where detailed project plans for private property rehabilitation eliminate the possibility of private financial windfall from these Federal expenditures. This authority will be administered consistent with the study authorized by the Appalachian Act. Strip mine rehabilitation policies will be thoroughly reviewed and appropriately modified in the light of findings and recommendations resulting from that study. In summary, legislation along the lines of S. 306 would be consistent with the objectives of the administration and we recommend its enactment subject to consideration of the above comments and suggested modifications. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. Hon. OREN HARRIS, GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This letter is in further reply to your request for the views of this Department with respect to H.R. 463, H.R. 2105, H.R. 4001, H.R. 7065, H.R. 7394, H.R. 7429, H.R. 8007, H.R. 8398, and S. 306, bills for reducing air pollution from motor vehicles and other sources. We recommend enactment of H.R. 7429 and S. 306, if amended as set forth below, and recommend against enactment of H.R. 463, H.R. 2105, H.R. 4001, H.R. 7065, H.R. 7394, H.R. 8007, and H.R. 8398. We believe that it is in the public interest to improve our national program for reduction of air pollution. As you know, the Secretary of Health, Education, and Welfare presently has authority under the Clean Air Act to seek reduction of air pollution in many ways. However, more specific authority is required for Federal action to reduce air pollution from motor vehicle exhaust emissions. We also believe that it would be beneficial to expand the provisions of the Clean Air Act on control of air pollution by Federal facilities. The amendment to the Clean Air Act proposed by S. 306 would authorize and require the Secretary of Health, Education, and Welfare to prescribe, by regulation, standards or requirements to limit motor vehicle exhaust emissions which are likely to endanger health or welfare of any persons, such regulations to be effectively by September 1, 1967. S. 306 would also direct him to develop diesel powered vehicle exhaust emission standards, and to recommend to Congress (by January 31, 1967) legislation for regulating such emissions. Manufacturers and importers of motor vehicles and engines would be required to maintain records and make reports necessary to determine compliance with the regulations. The inspection of manufacturing and storage facilities and their contents also would be authorized. Manufacturers and importers of vehicles or engines which did not comply with the prescribed regulations would be subject to fine. Persons refusing to provide records, to make required reports, or to permit inspection would be guilty of a misdemeanor, as would any person who removed or rendered inoperative a required emission control device prior to the initial sale of a vehicle or engine. S. 306 also would authorize the Secretary of Health, Education, and Welfare to commence air pollution abatement actions on his own initiative or at the request of neighboring countries with respect to pollution originating in the United States and endangering persons in the neighboring country. Other portions of the bill would provide for accelerated research on certain motor vehicle emissions, and would authorize the construction of facilities to carry out the functions of the Clean Air Act. S. 306 also includes a proposed Solid Waste Disposal Act which would authorize cooperation with public authorities and others in promoting improvement of solid waste disposal facilities and development and application of new methods of solid waste disposal. Dissemination of information, cooperation in research and other activities, and grants for research and training projects and for development of new methods of disposing of solid wastes would be authorized. S. 306 would also require that all funds expended under the proposed Solid Waste Disposal Act be subject to the condition that all information, copyrights, user provisions, patents, and other developments resulting from activities supported by such funds will be made freely available to the general public and provides enforcement procedures. In general, we believe that S. 306 is well adapted to the purposes of providing Federal programs to control motor vehicle exhaust emissions and to encourage improvement of our present methods and facilities for disposing of solid waste. The provisions of title I of S. 306 allow a coordinated program of promulgation of meaningful regulations based on sufficient research, and effective enforcement of the regulations through inspection powers, records requirements, criminal or injunctive enforcement proceedings, and import control measures. As technology and the state of the art change, emission standards could be changed under S. 306 by administrative regulation based on further research and the best information available, rather than upon the more time-consuming process of legislative amendment, as H.R. 4001, H.R. 7065, H.R. 7394 and H.R. 8398 would require. While the Solid Waste Disposal Act is generally well adapted toward establishing a national program of aiding and encouraging improvement of our solid waste disposal facilities and methods, its provisions relating to patents and copyrights are in conflict with the President's patent policy memorandum of October 10, 1963 (28 F.R. 10943). Patent policy should be set by general regulation or legislation, rather than by piecemeal application to individual programs. Furthermore, we believe that the President's memorandum reflects more sound view of patent policy than the view presently incorporated in S. 306. Accordingly, we recommend amendment of S. 306 before enactment to delete subsection (c) of section 204 of the proposed Solid Waste Disposal Act. In addition, there appears to be an error in reference in S. 306, and we recommend amendment of the figure "207" in line 7 of page 4 of the bill to read "208". a. H.R. 7429 would amend the Clean Air Act to augment its provisions for control of air pollution from Federal installations. Section 1 of the bill would prevent Federal agencies from purchasing automotive vehicles which do not meet exhaust pollutant discharge standards set by the Secretary of Health, Education, and Welfare, unless such vehicles were for special purposes and exempted by the Secretary from adherence to his standards. Section 2 of H.R. 7429 would authorize appropriation of funds necessary for installation and operation of air pollution control devices on Federal property not meeting standards for air pollution set under section 7 of the present Clean Air Act. In addition, all new Federal construction would be required to include air pollution control measures established by the Secretary. The Secretary would be required to establish programs for training Federal personnel in operation of air pollution control equipment. He would be informed by other Federal departments of their air pollution control activities, would have the power to inspect Federal buildings, and would report to the Congress on control of Federal air pollution. We note that this measure has been passed in form by the Senate as title II of S. 560, now pending before the Committee on Public Works of the House of Representatives. While full utilization by the Secretary of Health, Education, and Welfare of the provisions in section 2 of H.R. 7429 may be delayed until more adequate types of air pollution control devices can be developed, we believe that those provisions would not usefully augment section 7 of the Clean Air Act. We assume that any standards established under H.R. 7429 by the Department of Health, Education, and Welfare will take appropriate account of the state of the art and the practicality of various control measures. The amendments proposed by section 2 of H.R. 7429 would have beneficial effect in promoting use of present air pollution control devices and techniques. In addition, they would provide statutory support for an increased program of control of air pollution from Federal installations, as well as explicit appropriation authority. In this connection, however, we note that the last sentence of the proposed subsection (c) (p. 2 of the bill, lines 14-19) may conflict with established budgetary procedures. We therefore recommend deletion of that sentence. As air pollution control technology expands and improves, the Secretary of Health, Education, and Welfare will be able to bring about use by the Government of the best air pollution control devices available and to steadily reduce Federal pollution of air, if section 2 of H.R. 7429 is enacted. Enactment of S. 306 will enable the Secretary of Health, Education, and Welfare to require air pollution control devices on all new gasoline powered motor vehicles sold in interstate commerce, including those sold to the Federal Government. Accordingly, if favorable consideration is given to S. 306, we recommend that H.R. 7429 be amended by deleting section 1 thereof. We recommend against enactment of the remaining bills (H.R. 463, H.R. 2105, H.R. 4001, H.R. 7065, H.R. 7394, H.R. 8007 and H.R. 8398), primarily because |