Page images
PDF
EPUB

in a State other than that in which the source of the matter
causing or contributing to the pollution is located;

"(4) establish technical advisory committees composed
of recognized experts in various aspects of air pollution to
assist in the examination and evaluation of research prog-
ress and proposals and to avoid duplication of research.
"(b) In carrying out the provisions of the preceding sub-
section the Secretary is authorized to-

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

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

"(3) make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in subsection (a) (1) of this section;

"(4) contract with public or private agencies, institutions, and organizations, and with individuals, without 81 Stat. 487. regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529: 41 U.S.C. 5);

"(5) provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications;

"(6) establish and maintain research fellowships, in the Department of Health, Education, and Welfare and at public or nonprofit private educational institutions or research organizations;

"(7) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying air quality and other information pertaining to air pollution and the prevention and control thereof; and

"(8) develop effective and practical processes, methods, and prototype devices for the prevention or control of air pollution.

"(c) In carrying out the provisions of subsection (a) of this section the Secretary shall conduct research on, and survey the results of other scientific studies on, the harmful effects on the health or welfare of persons by the various known air pollution agents (or combinations of agents).

"(d) The Secretary is authorized to construct such facilities and staff and equip them as he determines to be necessary to carry out his functions under this Act.

"(e) If, in the judgment of the Secretary, an air pollution problem of substantial significance may result from discharge

81 Stat. 488.

70A Stat. 134.

or discharges into the atmosphere, he may call a conference concerning this potential air pollution problem to be held in or near one or more of the places where such discharge or discharges are occurring or will occur. All interested persons shall be given an opportunity to be heard at such conference, either orally or in writing, and shall be permitted to appear in person or by representative in accordance with procedures prescribed by the Secretary. If the Secretary finds, on the basis of the evidence presented at such conference, that the discharge or discharges if permitted to take place or continue are likely to cause or contribute to air pollution subject to abatement under section 108(a), he shall send such findings, together with recommendations concerning the measures which he finds reasonable and suitable to prevent such pollution, to the person or persons whose actions will result in the discharge or discharges involved; to air pollution agencies of the State or States and of the municipality or municipalities where such discharge or discharges will originate; and to the interstate air pollution control agency, if any, in the jurisdictional area of which any such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted together with the record of the conference, as part of the proceedings under subsections (d), (e), and (f) of section 108.

"RESEARCH RELATING TO FUELS AND VEHICLES

"SEC. 104. (a) The Secretary shall give special emphasis to research and development into new and improved methods, having industrywide application, for the prevention and control of air pollution resulting from the combustion of fuels. In furtherance of such research and development he shall

"(1) conduct and accelerate research programs directed toward development of improved, low-cost techniques for control of combustion byproducts of fuels, for removal of potential pollutants from fuels, and for control of emissions from evaporation of fuels;

"(2) provide for Federal grants to public or nonprofit agencies, institutions, and organizations and to individuals. and contracts with public or private agencies, institutions, or persons, for payment of (A) part of the cost of acquiring. constructing, or otherwise securing for research, and development purposes, new or improved devices or methods having industrywide application of preventing or controlling discharges into the air of various types of pollutants; and (B) carrying out the other provisions of this section, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5): Provided, That research or demonstration contracts awarded pursuant to this subsection (including contracts for construction) may be made in accordance with, and subject to the limitations provided with respect to research contracts of the military departments in, section 2353 of title 10, United States Code, except that the determination, approval, and certification required thereby shall be made

by the Secretary: Provided further, That no grant may be made under this paragraph in excess of $1,500,000;

"(3) determine, by laboratory and pilot plant testing, the results of air pollution research and studies in order to develop new or improved processes and plant designs to the point where they can be demonstrated on a large and practical scale;

"(4) construct, operate, and maintain, or assist in meeting the cost of the construction, operation, and maintenance of new or improved demonstration plants or processes which have promise of accomplishing the purposes of this Act;

"(5) study new or improved methods for the recovery and marketing of commercially valuable byproducts resulting from the removal of pollutants.

"(b) In carrying out the provisions of this section, the Secretary may

"(1) conduct and accelerate research and development of low-cost instrumentation techniques to facilitate determination of quantity and quality of air pollutant emissions, including, but not limited to, automotive emissions;

"(2) utilize, on a reimbursable basis, the facilities of existing Federal scientific laboratories;

"(3) establish and operate necessary facilities and test sites at which to carry on the research, testing, development, and programing necessary to effectuate the purposes of this section;"

"(4) acquire secret processes, technical data, inventions, patent applications, patents, licenses, and an interest in lands, plants, and facilities, and other property or rights by purchase, license, lease, or donation; and

"(5) cause on-site inspections to be made of promising domestic and foreign projects, and cooperate and participate in their development in instances in which the purposes of the Act will be served thereby.

Limitation.

"(c) For the purposes of this section there are authorized Appropriation. to be appropriated for the fiscal year ending June 30, 1968, $35,000,000, and for the fiscal year ending June 30, 1969, $90,000,000. Amounts appropriated pursuant to this subsection shall remain available until expended.

"COMPREHENSIVE ECONOMIC COST STUDIES

"SEC. 305. (a) In order to provide the basis for evaluating programs authorized by this Act and the development of new programs and to furnish the Congress with the information necessary for authorization of appropriations by fiscal years beginning after June 30, 1969, the Secretary, in cooperation with State, interstate, and local air pollution control agencies, shall make a detailed estimate of the cost of carrying out the provisions of this Act; a comprehensive study of the cost of program implementation by affected units of government; and a comprehensive study of the economic impact of air

Report to Congress.

Personnel study. 81 Stat. 506.

Report to President and Congress.

quality standards on the Nation's industries, communities, and other contributing sources of pollution, including an analysis of the national requirements for and the cost of controlling emissions to attain such standards of air quality as may be established pursuant to this Act or applicable State law. The Secretary shall submit such detailed estimate and the results of such comprehensive study of cost for the five-year period beginning July 1, 1969, and the results of such other studies. to the Congress not later than January 10, 1969, and shall submit a reevaluation of such estimate and studies annually thereafter.

"(b) The Secretary shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this Act and other programs for the same purpose as this Act; (2) means of using existing Federal training programs to train such personnel; and (3) the need for additional trained personnel to develop, operate and maintain those pollution control facilities designed and installed to implement air quality standards. He shall report the results of such investigation and study to the President and the Congress not later than July 1, 1969.

*

20. RESERVE FORCES BILL OF RIGHTS AND VITALIZATION ACT: PROVISIONS CONCERNING TRAINING

(Public Law 90-168, approved December 1, 1967)

A. LEGISLATIVE HISTORY

H.R. 2, the "Reserve Forces Bill of Rights and Vitalization Act" was introduced on January 10, 1967 by Representative F. Edward Hébert, of Louisiana. The bill was referred to the Committee on Armed Services. Hearings on the bill were held before that committee on February 8, 1967.

H.R. 2 was reported from the Committee on Armed Services on February 13, 1967 (H. Rept. 13). It passed the House under suspension of the rules, on February 20, 1967.

Hearings on H.R. 2 were held before the Senate Committee on Armed Services on June 26, 27, September 27 and October 2 and 3, 1967. The bill was reported in the Senate, from the Committee on Armed Services, on November 7, 1967 (S. Rept. 732). It passed the Senate, amended, on November 8, 1967, and the Senate asked for a conference on that date. The House agreed to a conference on November 14, 1967. The conference report was filed on November 14, 1967 (H. Rept. 925). The House agreed to the conference report on November 15, 1967. The Senate agreed to the conference report on November 16, 1967. The Act was approved on December 1, 1967 and became Public Law 90-168.

B. SUMMARY OF PROVISIONS CONCERNING TRAINING

The Act contains several provisions for improvement of training for the reserve forces. It makes each Secretary of the Armed Forces

responsible for providing the personnel, equipment, facilities and other logistical support necessary to enable his Ready Reserves to satisfy the training and mobilization requirements of his Ready Reserve units. It requires persons enlisting in the reserves to begin active duty for training within 180 days after enlistment.

C. TEXT OF CERTAIN PROVISIONS CONCERNING TRAINING

Following are excerpts from Public Law 90-168 containing provisions relative to training of the Reserve Forces (with emphasis added).

AN ACT To amend titles 10, 32, and 37, United States Code, to strengthen the reserve components of the armed forces, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Reserve Forces Bill of Rights and Vitalization Act".

SEC. 2. Title 10, United States Code, is amended as follows:

[blocks in formation]

(6) Section 264 is amended to read as follows:

"§ 264. Reserve affairs: designation of general or flag officer of each military department; personnel and logistic support for reserves; reports to Congress

[blocks in formation]

"(b) The Secretary concerned is responsible for providing the personnel, equipment, facilities, and other general logistic support necessary to enable units and Reserves in the Ready Reserve of the Reserve components under his jurisdiction to satisfy the training requirements and mobilization readiness requirements for those units and Reserves as recommended by the Secretary concerned and by the Joint Chiefs of Staff and approved by the Secretary of Defense, and as recommended by the Commandant of the Coast Guard and approved by the Secretary of Transportation when the Coast Guard is not operated as a service of the Navy.

81 Stat. 521.

Reserve Forces Bill of tion Act.

Rights and Vitaliza

70A Stat. 11.

sional committees.

"(c) The Secretary concerned shall submit a written report Report to congresto the Committees on Armed Services of the Senate and the House of Representatives each year regarding the extent to which units and Reserves in the Ready Reserve of the Reserve components under his jurisdiction have satisfied the training and mobilization readiness requirements pursuant to subsection (b) of this section for the year with respect to which such report was submitted. Reports under this subsection shall be made on a fiscal year basis and the report for any fiscal year shall be submitted within 60 days after the end of the fiscal year for which it is submitted."

*

(10) Section 270(a) (1) is amended to read as follows:

(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year;".

72 Stat. 1438.

« PreviousContinue »