States. I feel encouraged that can be worked out in an agreeable manner because we are all in this to do the best job we can. I certainly hope the two agencies of the Government will not get into a conflict here as we do up here in Congress over jurisdiction, because this problem is too serious to delay. Dr. PRICE. I think we do not have any serious concern about this. We see an adequate job to require all of the resources that we can possibly muster. Representative DURHAM. I think you are right in that objective. I felt that you people should play a large role in this matter in the future. It is well set up and well operated at the present time throughout the country. It is well known and people have a high respect for you. Mr. Ramey, do you have some questions? Mr. RAMEY. How many people does the Public Health Service have in its radiological work, and how much money is being budgeted for current fiscal 1959 and fiscal 1960? Dr. PRICE. The amount of money which we have budgeted specifically for our radiological health activity in fiscal 1959 is $634,000. There are 76 positions related to this fund. We have before the Appropriations Committees of the Congress at the present time the President's request for $1,439,000 for fiscal 1960. This will represent an $805,000 increase in the activity. Mr. RAMEY. Does the Public Health Service have much experience in the field of regulating health activities as against its role of cooperation with the States in connection with educational means of accomplishing its objectives? I notice you do mention the stream pollution situation. On interstate streams do you have the authority to establish regulations and to enforce them? Dr. PRICE. The authority which the Public Health Service has with respect to interstate streams is contained in the Water Pollution Control Act which is Public Law 660 of the 84th Congress. It provides quite clearly, the congressional policy, that the responsibility for stream pollution lies with the States. In carrying out his responsibility for the abatement of interstate stream pollution the Surgeon General is required to go through a rather lengthy series of procedural steps that are designed to protect the rights and responsibility of the States. However, having gone through the necessary investigation and hearing procedures which are initiated at the request of one of the States involved, the Surgeon General is authorized, or rather the Secretary of the Department of Health, Education, and Welfare, is authorized to set up a hearing board and conduct hearings on the pollution situation, outline remedial measures, and then if in a reasonable length of time action has not been taken, and again at the request of one of the States involved the Service may initiate abatement action in the courts. Representative DURIIAM. The courts have upheld that? Dr. PRICE. Yes, sir. Mr. RAMEY. I believe there was a case mentioned a month or two ago. Dr. PRICE. There has been, I believe, only one case carried to this length, and that dealt with the pollution by salt brine from oil drilling operations in Corney Creek, Ark. Mr. RAMEY. As a part of this pollution aspect, could that include radioactive wastes? Dr. PRICE. We interpret it to include radioactive wastes; yes, sir. Mr. RAMEY. So you could follow this procedure with respect to interstate streams? Dr. PRICE. This is, as a matter of fact, the procedure which is being followed in connection with the Animas River which was mentioned earlier this afternoon. Mr. RAMEY. That is in connection with the milling and mining operation? Dr. PRICE. Yes, sir. Mr. RAMEY. I notice in your statement you mention that the Public Health Service in cooperation with the States has developed drinking water standards and milk ordinance standards. Do you think it would be possible to develop or adopt radiation standards for either general application or for adoption by the States? Dr. PRICE. I think it is a possibility. I would like to comment further about that in this way: When one comes right down to the facts of the matter, the best one can do is to to adopt the best scientific advice that can be had. In the case of the drinking water standards and the milk ordinance and code to which I referred as examples, the Service operated to bring together the best authorities it could recognize in those fields and utilize the opinions which they gave. Representative DURHAM. You are going to have to be guided by the experts. Dr. PRICE. One is going to have to be guided by the experts, however this is done. I did not mean to imply in that that we considered that we had any more ability to do this job than anyone else. Mr. RAMEY. Do you think it would be desirable in that connection to develop standards on the use of X-rays, medical and dental? Testimony today has brought out that entirely apart from the Atomic Energy Commission's jurisdiction there is this field of medical and dental X-rays that apparently is probably the leading source of radiation which is presumably subject to State regulation if the States were so inclined, but apparently is one where possibly the greatest abuses occur. Has the Public Health Service made any great surveys of that or proposes to do anything about that? You mentioned the Florida example. Dr. PRICE. Yes. The Public Health Service has given considerable attention to this problem. I think there is an area of proper regulatory responsibilities for States in this field. It was brought out in the testimony earlier this morning that one has to rely on the judgment of the practitioner in the use of radiation in diagnosis and treatment. I would agree with this statement. However, outside the realm of his professional judgment there is the question of the condition of his equipment and the way in which it is regulated and protected. I believe that it is quite feasible to institute measures to be certain that there is not unnecessary exposure which does not contribute to the physician's objectives. Mr. RAMEY. There is a good deal of evidence, is there not, that one of the causes of overexposure is poor and old-fashioned equipment? Dr. PRICE. I have heard some of the experts in this field state that; yes, sir. Representative DURHAM. Thank you very much, Doctor. We appreciate your statement. Dr. PRICE. Thank you, sir. Chairman ANDERSON. If you can get your recommendations up here as soon as possible, it would help us in getting this bill out. Dr. PRICE. I will report your desires. Representative DURHAM. The committee is adjourned and we will meet in the morning at 10 o'clock in this room. (Whereupon, at 4:25 p.m., Tuesday, May 19, 1959, the committee recessed, to reconvene at 10 a.m., Wednesday, May 20, 1959.) FEDERAL-STATE RELATIONSHIPS IN THE ATOMIC ENERGY FIELD WEDNESDAY, MAY 20, 1959 CONGRESS OF THE UNITED STATES, Washington, D.C. The committee met, pursuant to recess, at 10 a.m., in room P‐63, the Capitol, Representative Carl T. Durham presiding. Present: Senators Anderson, Dworshak, and Bennett; Representatives Durham, Price, Westland, and Aspinall. Also present: James T. Ramey, executive director; David R. Toll, staff counsel, Joint Committee on Atomic Energy. Representative DURHAM. The meeting will come to order. The Joint Committee on Atomic Energy is continuing public hearings today on Federal-State relations. This morning we are privileged to hear from Governor Smylie of Idaho, who will testify concerning the report of the Joint Federal-State Action Committee. We are glad to have you with us this morning, Governor, and you may proceed in your own way. Governor SMYLIE. Thank you, Mr. Chairman. Representative DURHAM. I might say your State is well represented on this committee by a friend of mine for the past 21 or 22 years. We are certainly glad to have you here this morning. Senator Dworshak. Senator DWORSHAK. Mr. Chairman, as a member of this committee I am very happy to hear the testimony of our Governor, Governor Smylie of Boise, Idaho. He has been very active as one of the leaders in the Conference of Governors, and I am sure he will have a very informative message for us this morning. Representative DURHAM. I might also say that this committee has a deep appreciation for the State, because of the fact that some of the finest research facilities in the entire country are located in your State. Governor SMYLIE. Thank you, sir. Representative DURHAM. You may proceed, Governor. STATEMENT OF HON. ROBERT E. SMYLIE, GOVERNOR OF THE STATE OF IDAHO Governor SMYLIE. Mr. Chairman, my name is Robert E. Smylie. I am Governor of Idaho, chairman of the Governors' Conference Special Committee on Federal-State Relations and cochairman of the Joint Federal-State Action Committee. Mr. Chairman, as you know, the States and their political subdivisions have a vital interest in the development and regulation of |