absence of, or failure to institute practices necessary and adequate for the purposes of this section and the reason or reasons therefor. The Secretary shall report each January to the President and to the Congress on the status and effectiveness of actions taken under this section to prevent and control air pollution by such Federal departments and agencies.

"(g) The Secretary or his duly authorized representative is authorized to enter any such building, installation, or other property at reasonable times for the purpose of inspecting and investigating air pollution control practices."

[H.R. 8007, 89th Cong., 1st sess.]

A BILL To prohibit the manufacture, sale, or use in commerce of any motor vehicle_which discharges substances into the air in amounts found by the Secretary of Health, Education, and Welfare to be dangerous to public health

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary"), shall, after conducting such research as he may deem necessary, but not later than one year after the date of enactment of this Act, prescribe and publish in the Federal Register, standards as to the amounts of substances which he considers to be safe, from the standpoint of human health, for a motor vehicle to discharge into the atmosphere under the various conditions under which such vehicle may operate.

(b) Standards prescribed pursuant to subsection (a) of this section may be revised from time to time by the Secretary. Such revised standards shall be published in the Federal Register.

SEC. 2. (a) The manufacture for sale in commerce, the sale in commerce, the offering for sale in commerce, the use in commerce, or the importation into the United States of any motor vehicle which discharges into the atmosphere substances in amounts in excess of the standards prescribed by the Secretary pursuant to the first section of this Act, shall be unlawful.

(b) This Act shall apply only with respect to motor vehicles manufactured after the effective date of this section.

(c) Whoever violates this section shall be subject to a fine of not more than $100. In the case of a manufacturer or importer of motor vehicles, each motor vehicle manufactured or imported in violation of this Act shall constitute a separate offense.

SEC. 3. The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this Act, and to take such action as may be necessary to insure compliance with this Act.

SEC. 4. As used in this Act

(1) The term "commerce" means (A) commerce between any place in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States and any place outside thereof, and (B) commerce wholly within the District of Columbia or any such territory or possession; and (2) The term "motor vehicle" means any vehicle propelled by mechanical power and used for transporting passengers or freight whether on a fixed track or on a highway.

SEC. 5. Section 2 of this Act shall take effect one year after the date on which standards are first prescribed and published in the Federal Register pursuant to subsection (a) of this first section of this Act. Any standards which are revised pursuant to subsection (b) of the first section of this Act shall take effect one year after the date on which they are published in the Federal Register.

[H.R. 8398, 89th Cong., 1st sess.]

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 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 paragraph (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 (2) thereof the following new paragraph (5):

66

(5) conduct and accelerate research programs 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. To carry out such research the Secretary shall consult with the technical committee established under section 6 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

(4) by adding at the end thereof the following new subsections: "(d) The Secretary shall establish a Federal Air Pollution Control Laboratory within the Department of Health, Education, and Welfare 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.

"(e) The Secretary shall appoint a technical committee whose membership shall consist of representatives from the Department of Health, Education, and Welfare, the Bureau of Mines of the Department of the Interior, the Federal Power Commission, and the coal, petroleum, and electric power industries, for the purpose of encouraging the development of improved low-cost techniques designed to reduce emissions of oxides of sulfur produced by the combustion of sulfur-containing fuels. The Committee shall meet from time to time at the call of the Secretary to evaluate progress in the development of such techniques and to recommend additional research programs for the development of such techniques. One year after enactment of this section and semiannually thereafter, the Secretary shall report to the Congress on the progress of the development of such techniques and his recommendations, if any, for additional legislation."

SEC. 2. (a) Section 4 of the Clean Air Act (which relates to grants for support of air pollution control programs) Is amended by redesignating subsection (c) as subsection (d) and by inserting immediately after subsection (b) the following subsection (c):

"(c) The Secretary is authorized to make grants to municipalities in an amount up to two-thirds of the cost of the construction of facilities which are designed to eliminate air pollution resulting from the disposal of solid wastes. No grant shall be made under this subsection to any municipality that has not enacted an 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. 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 construction thereof."

(b) Subsection (d), as so redesignated, is amended to read as follows: "(d) Not more than 12% per centum of the grant funds available under subsection (a) of this section shall be expended in any one State, and no grant shall be made for any project, authorized under subsection (c) of this section, in an amount exceeding 5 per centum of the total authorized in any one fiscal year." SEC. 3. Section 6 of the Clean Air Act (which relates to automotive vehicle and fuel pollution) is amended by adding at the end thereof th efollowing new subsections:

"(c) (1) The Secretary shall prescribed and publish in the Federal Register standards for the allowable emissions of pollutants from gasoline powered vehicles, and the effective date for such standards.

"(2) In prescribing standards for gasoline powered vehicles under this subsection the Secretary shall require (i) that within six months after enactment of this subsection all new gasoline powered vehicles be equipped with blowby systems with emissions from crankcases limited to 0.15 percent of supplied fuel under cyclic operating conditions and (ii) that after November 1, 1966, the allowable exhaust emissions from new gasoline powered vehicles shall be not

more than 275 parts per million of hydrocarbons measured by a non-dispersive infrared spectrometer calibrated with hexane and not more than 1.5 per centum by volume of carbon monoxide measured by a nondispersive infrared spectrometer under metropolitan area cyclic type operating conditions with results normalized to 15 divided by percent carbon dioxide plus percent carbon monoxide plus 6 times percent hydrocarbons.

"(3) The Secretary shall establish criteria for allowable emissions from diesel powered vehicles manufactured and introduced into interstate commerce or imported into the United States. Upon the establishment of such criteria the Secretary shall make his recommendations for additional legislation, if necessary, to regulate the discharge of pollutants from diesel powered vehicles.

"(4) The manufacture for distribution in commerce of any gasoline powered vehicle or the importation into the United States of any gasoline powered vehicle, after the effective date of any standards prescribed by the Secretary in accordance with this subsection, which does not meet such standards, is unlawful. "Whoever violates the provisions of this subsection or the regulations prescribed pursuant to this subsection shall be fined not more than $1,000 or imprisoned not more than six months, or both.

"(d) The Secretary and the Secretary of the Treasury shall jointly promulgate rules and regulations that prohibit the importation of any gasoline powered vehicles which fail to meet the standards prescribed in paragraphs (1) and (2) of subsection (c) of this section.

"(e) It is the policy of the United States to insure the proper inspection and maintenance of the devices and other means required to control the emission of air pollutants from gasoline powered vehicles within the standards prescribed by the Secretary under this section. The Secretary is authorized to enter into agreements with, and to make grants to, appropriate State agencies designated by the Governors (including such supplemental agreements as may be necessary) to carry out the policy of this section. For the purpose of this subsection an interstate air pollution control agency may qualify if one State having jurisdiction of such agency enters an agreement authorized by this subsection. The sums appropriated to carry out this subsection shall be allotted by the Secretary to States entering into agreements in the proportion that the number of gasoline powered vehicles registered in such year in each such State bears to the total such number in all such States for such year.

"(f) All action taken under this section for the adoption of standards and the promulgation of rules and regulations shall be taken in conformity with the provisions of the Administrative Procedure Act."

SEC. 4. Section 9 of the Clean Air Act (which relates to definitions) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following subsection (g):

"(g) The term 'commerce' means (1) commerce between any place in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States or any place outside thereof, and (2) commerce wholly within the District of Columbia or any such territory or possession." SEC. 5. (a) Section 13 of the Clean Air Act (which relates to appropriations) is amended by adding at the end thereof the following new subsections:

"(c) There are hereby authorized to be appropriated to carry out subsection 4(c) of this Act for the fiscal year ending June 30, 1966, and for each of the next two succeeding fiscal years the sum of $100,000,000 per fiscal year for the purpose of making grants under this subsection. Sums so appropriated shall remain available until expended.

"(d) There are hereby authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1966, for the establishment of inspection programs under subsection 6(e) of this Act."

(b) Subsection (b) of section 13 is amended by inserting immediately after the word "Act" the following: ", exclusive of subsection (c) of section 4 and subsection (e) of section 6,".

[H.R. 8723, 89th Cong., 1st sess.]

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

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: "TITLE III -GENERAL"; (6) by striking out subsection (a) of the so redesignated section 306 and striking out the letter (b) at the beginning of subsection (b) in the so redesignated section 306; (7) by striking out "this Act" in the so redesignated section 306 and inserting in lieu thereof "title I"; and (8) by inserting after the so redesignated section 107 and before the heading of such title III the following new title:

"TITLE II-CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES "SHORT TITLE

"SEC. 201. This title may be cited as the 'Motor Vehicle Air Pollution Control Act'.

"ESTABLISHMENT OF STANDARDS

"SEC. 202. (a) The Secretary shall by regulation, giving appropriate consideration to technological feasibility and economic costs, prescribe standards, requirements, or limitations applicable to the emission of any kind of substance, from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause or contribute to, or are likely to cause or contribute to, air pollution which endangers the health or welfare of any persons.

"(b) Regulations initially prescribed under this section shall, as soon as practicable, be promulgated by the Secretary, to become effective no later than September 1, 1967.

"(c) The Secretary is authorized to amend such regulations promulgated under this section, to become effective on the date specified in the order promulgating the amendments thereto.

"DIESEL CRITERIA

"SEC. 203. The Secretary shall, as soon as practicable, develop standards for allowable emissions from diesel powered vehicles manufactured and introduced into interstate commerce or imported into the United States. The Secretary shall make recommendations to the Congress for additional legislation to regulate the discharge of pollutants from diesel powered vehicles by January 31, 1967.

"PROHIBITED ACTS

"SEC. 204. (a) The following acts and the causing thereof are prohibited"(1) in the case of a manufacturer of new motor vehicles or new motor vehicle engines for distribution in commerce, the manufacture for sale, the sale, or the offering for sale, or the introduction or delivery for introduction into commerce, or the importation into the United States for sale or resale of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this title which are applicable to such vehicle or engine unless it is in conformity with such regulations (except as provided in subsection (b));

"(2) for any person to fail or refuse to permit entry or inspection pursuant to section 207, or to permit access to records pursuant to section 207, or to fail to make reports required under section 208; or

"(3) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser.

"(b) (1) The Secretary may exempt any new motor vehicle or new motor vehicle engine, or class thereof, from subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare,

for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.

"(2) A new motor vehicle or new motor vehicle engine offered for importation by a manufacturer in violation of subsection (a) shall be refused admission into the United States, but the Secretary of the Treasury and the Secretary of Health, Education, and Welfare may, by joint regulation, provide for authorizing the importation of such a motor vehicle upon such terms and conditions (including 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 ultimate purchaser.