December 10, 1963
Page 24083
THE CLEAN AIR ACT -- CONFERENCE REPORT
Mr. MUSKIE. Mr. President, I submit a report of the committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6518) to improve, strengthen, and accelerate programs for the prevention and abatement of air pollution I ask unanimous consent for the present consideration of the report.
The PRESIDING OFFICER. The report will be read for the information of the Senate.
The legislative clerk read the report.
(For conference report, see House proceedings of today.)
The PRESIDING OFFICER. Is there objection to the present consideration of the report?
There being no objection, the Senate proceeded to consider the report.
Mr. MUSKIE. Mr. President, I urge the adoption of the conference report, and I wish to discuss it briefly. The report is signed by all of the conferees on the part of the House and the Senate, and the report has been accepted by the House of Representatives.
The House bill amended the entire act of July 14, 1955, the existing statute on air pollution. The Senate amendment struck out all after the enactment clause of the House bill and inserted a complete revision of such act of July 14, 1955.
The proposed conference substitute is also a complete revision of the act of July 14, 1955, and reflects the agreement which was reached between the conferees.
The Senate conferees pressed strongly for the provisions of subsection (d) of section 3, which would provide that all scientific or technological research or development activity contracted for, sponsored, cosponsored, or authorized under authority of the act which involves the expenditure of Government funds shall be provided for in such manner that all information, uses, processes, patents, and other developments resulting from such activity, with certain exceptions, be available to the general public.
The House conferees insisted that it be deleted because of pending general legislation dealing with this particular subject, and the undesirability of dealing with such matters on a partial basis. The Senate conferees argued strongly for its retention, but finally reluctantly accepted the deletion.
DIFFERENCES BETWEEN THE BILL AS PASSED BY THE SENATE AND THE PROPOSED CONFERENCE SUBSTITUTE
1. INVESTIGATIONS, RESEARCH AND SURVEYS
The House in accepting subsection (c) (1) of section 3, which relates to the authority for the Secretary of Health, Education, and Welfare to conduct research, compile and publish criteria reflecting the latest scientific knowledge useful in indicating the kind and extent of such effects which may be expected from the presence of pollution agent or agents in the air, suggested that the language in the House-passed bill which would authorize the Secretary to make recommendations to appropriate agencies with respect to air quality criteria be restored.
The Senate agreed to include the original House language, in addition to the Senate amendment, so that the Secretary would not only be called upon to conduct research and compile and publish criteria, but he would also be authorized to recommend such criteria of air quality as in his judgment may be necessary to protect the public health and welfare. The Senate conferees agreed to the deletion of the word "only" in subsection (c) (1) where it was provided that "any such criteria shall be published for informational purposes only." This was done in order that information developed by departmental sponsored research could be used by the Secretary in making recommendations under section 3(c) (1) as agreed to by the conferees.
2. GRANTS FOR SUPPORT OF AIR POLLUTION CONTROL PROGRAMS
The House accepted the Senate version of section 4 relating to grants for air pollution programs substantially in the form as passed by the Senate, except for clarifying amendments designed to insure, first, that not more than 20 percent of the annual appropriations made to carry out the act shall be available for grants; and second, that no agency whose expenditures of non-Federal funds for air pollution programs during a fiscal year are less than its expenditures for such programs during the preceding year shall be eligible to receive any grant during that fiscal year.
3. CONFERENCE ON ABATEMENT OF AIR POLLUTION
The Senate-passed version provides that the Secretary may, after consultation with State officials, also call a conference whenever, on the basis of reports, surveys, and studies, he has reason to believe that air pollution is occurring in any State or States which endangers the health or welfare of any persons. The conferees agreed that the language should be clarified to provide that State officials of all affected States shall be consulted by the Secretary before he calls a conference.
4. MEMBERSHIP OF HEARING BOARD
The conferees accepted the Senate provisions with respect to Federal membership on the Hearing Board. They adopted a technical amendment to make it clear that each Federal department, agency or instrumentality which has a substantial interest in the subject matter as determined by the Secretary shall be given an opportunity to select one member of the Hearing Board.
The Senate amendment provided that members of the Hearing Board who are not regular, full-time officers or employees of the United States, be entitled to receive compensation at not to exceed $100 per diem. The Senate receded and accepted the House language which provided $50 per diem.
5. ABATEMENT OF AIR POLLUTION
The proposed conference substitute is the same as the Senate amendment, except for certain technical amendments to clarify congressional intent that the request of the Governor of the State must be obtained before the Secretary can request the Attorney General to bring suit to secure abatement of intra-state pollution, and a technical amendment to show that subsection (g) relating to evidence in court in a suit is restricted to those suits brought in the U.S. courts.
6. AUTOMOTIVE VEHICLE EXHAUST AND FUEL POLLUTION
The House accepted the provisions of this section (section 6.) The conferees included certain modifying language so that the Secretary would be required to maintain and have liaison with and have representatives on the technical committee from exhaust control device manufacturers in addition to automotive and fuel manufacturers. The Senate amendment had not included this segment of the industry concerned with the automotive exhaust problem.
7. APPROPRIATIONS
First. The Senate receded on section 13 (a) in order to permit a $5 million grant program to be initiated during fiscal year 1964 if appropriations are made for such purpose.
Second. Section 13 (b) of the Senate bill provided for authorizations for appropriations as follows: Fiscal year 1965, $25 million; fiscal year 1966, $30 million; fiscal year 1967, $35 million; fiscal year 1968, $42 million; fiscal year 1969, $50 million.
The conferees agreed to the appropriations as contained in the Senate bill for fiscal years 1965-67, and the Senate receded from its amendment which provided authorizations for fiscal years 1968 and 1969 with the understanding that the legislative committees in both Houses of Congress will reexamine the program to determine progress being made and the need for authorizations in those and subsequent years. The conferees recognized that air pollution constitutes one of our national problems and that as our population grows and as urbanization expands, increased fiscal support of air pollution programs may be required.
AREAS OF COMPLETE AGREEMENT WITH SENATE AMENDMENTS
A. INVESTIGATIONS, RESEARCH, AND SURVEYS
First. The Senate amendment authorized investigation, research, and surveys to be made in cooperation with air pollution control agencies. The conference adopted the Senate language.
Second. Subsection (a) (4) of section 3 of the House bill would have required the Secretary of Health, Education, and Welfare, as a part of a national research and development program for the control and prevention of air pollution, to conduct specific studies with respect to motor vehicle exhaust fumes. The Senate deleted this provision and substituted section 6 which dealt with the problem more specifically. The House accepted this approach.
Third. The House accepted the Senate provisions with respect to the initiation and conduct of a program of research directed toward the development of improved low cost techniques to extract sulfur from fuel.
Fourth. The Senate amendment provided broader authority for the Secretary to make grants than the House version. The conferees accepted the Senate version.
15. REQUIREMENTS OF REPORTS
The House conferees accepted the Senate amendment to this subsection.
C. COOPERATION BY FEDERAL AGENCIES TO CONTROL AIR POLLUTION FROM FEDERAL INSTALLATIONS
The House conferees accepted the Senate amendment which provides that the Secretary may establish classes of potential pollution sources for which Federal departments or agencies shall, before discharging any matter into the air of the United States, obtain a permit prior to such discharging. These permits would be subject to revocation if the Secretary finds the pollution is endangering the health and welfare of any persons.
D. ADMINISTRATION
The Senate amendment deleted the word "procedural" immediately preceding the word "requirements." This was accepted by the House conferees.
R. DEFINITIONS
Certain amendments were made in the Senate amendment and were accepted by the House conferees.
F. RECORDS AND AUDIT
The House conferees accepted this section in its entirety.
Mr. President, I wish to take this opportunity to congratulate the House and Senate conferees who worked with me on H.R. 6518. We were able to transact our business expeditiously and in a spirit of cooperation. My special thanks go to Representative ROBERTS, chairman of the House conferees and to my colleagues Mr. RANDOLPH, Mr. METCALF, Mr. BOGGS, and Mr. PEARSON.
I believe the product of our endeavors represents a constructive contribution to the solution of air pollution control problems. This was a case where compromise moved us forward. The bill, as now written, is an improvement over both the House and Senate versions.
Mr. President, the report is signed by every member of the conference on the part of the Senate and of the House. The conference report was accepted in the House of Representatives today.
I move the adoption of the report.
The report was agreed to.
CAUSES OF CANCER
Mr. MUSKIE. Mr. President, today's Washington Post carried a story on the report of the World Health Organization on the causes of cancer. The report calls attention to the role of air pollution as a cause of cancer.
I ask unanimous consent that the Washington Post story be printed in the RECORD at this point.
There being no objection, the article was ordered to be printed in the RECORD, as follows:
WHO NAMES EXCESSES THAT CAN CAUSE CANCER GENEVA, December 9. --
Cancer can be caused in human beings through excessive smoking, eating, drinking, or sunbathing, the United Nations World Health Organization reported today. Lipstick and artificial colors and flavors in food were listed among additional causes.
The Organization published a summary of known causes of cancer together with advice on how to prevent It.
The list, divided into 13 main groups, was drawn up by a committee of cancer specialists from 7 countries, convened here by WHO last month. It was the most comprehensive survey of the causes and prevention of cancer ever published by the 110-nation Organization.
The report said: "It is generally accepted that there is a causal connection between cigarette smoking and lung cancer," adding that "studies have shown that there is a clear relationship between the number of cigarettes smoked and the incidence of lung cancer."
The experts listed air pollution as an important cause of cancer. They urged the greatest possible use of electricity and natural gas and control of the fumes of coal and oil installations and of automobile exhausts.
Another major cause of cancer, the report said, is radioactivity in all its forms. "Since the size of the dose required to cause (cancer) is not yet known," the report said, "all radiation received by the individual should be reduced to a minimum."
The American expert on the committee was Dr. Wilhelm C. Heuper of the National Cancer Institute, Bethesda, Md.