NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966

Mr. MADDEN. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 965 and ask for its immediate consideration.

The Clerk read the resolution, as follows:

H. Res. 965

Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 13228) to provide for a coordinated national safety program and establishment of safety standards for motor vehicles in interstate commerce to reduce traffic accidents and the deaths, injuries, and property damage which occur in such accidents. After general debate, which shall be confined to the bill and shall continue not to exceed three hours, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Interstate and Foreign Commerce, the bill shall be read for amendment under the five-minute rule. It shall be in order to consider the substitute amendment recommended by the Committee on Interstate and Foreign Commerce now in the bill and such substitute for the purpose of amendment shall be considered under the five-minute rule as an original bill. At the conclusion of such consideration the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and any Member may demand a separate vote in the House on any of the amendments adopted in the Committee of the Whole to the bill or committee substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. After the passage of H.R. 13228, the Committee on Interstate and Foreign Commerce shall be discharged from the further consideration of the bill (S. 3005), and it shall then be in order in the House to move to strike out all after the enacting clause of said Senate bill and insert in lieu thereof the provisions contained in H.R. 13228 as passed the House.

The SPEAKER. The gentleman from Indiana is recognized for 1 hour.

Mr. MADDEN. Mr. Speaker, I yield 30 minutes to the gentleman from Tennessee [Mr. QUILLEN], pending which I yield myself such time as I may consume.

Mr. Speaker, House Resolution 965 provides for consideration of H.R. 13228, a bill to provide for a coordinated national safety program and establishment of safety standards for motor vehicles in interstate commerce. Its enactment will reduce trafic accidents, deaths, inJuries, and property damage which occur in such accidents. The resolution provides an open rule with 3 hours of general debate, making it in order to consider the substitute as an original bill for the purpose of amendment. The resolution also makes it in order to discharge the Committee on Interstate and Foreign Commerce from further con

sideration of 8. 3005, strike out all after the enacting clause and insert the language of the House bill.

It has been reliably estimated that over 50,000 persons will die on our highways in 1966 and unless a broad-scale attack is promptly directed at this problem, it appears just as certain that some 100,000 Americans will die as the result of traffic accidents in 1975.

During the hearings before the legislative committee it was pointed out that since 1961 we have lost about four times

many members of the armed services In traffic accidents as we have in combat in Vietnam.

In addition to the deaths, there are millions who have suffered severe and permanent injuries. The cost in dollars of last year's traffic accidents has been estimated at $8 billion and the cost in terms of grief and suffering is immeasurable.

Passengers riding in vehicles moving at speeds of 60 and 70 miles per hour or even higher speed need to be protected in the event that an accident does occur. Such protection can be afforded at least to a degree substantially greater than that which exists at present. If all reasonable steps are taken to minimize the impact which results after an accident occurs between two vehicles or a vehicle and a stationary object damages, injury and death can be avoided.

Under H.R. 13228 work can be augmented and channeled so that it will be more widely disseminated to all interested persons thus leading to improved motor vehicle safety performance with a consequent reduction in deaths and injuries. This is a nationwide problem which requires forthright guidance and legislation at the national level.

Mr. Speaker, I urge the adoption of House Resolution 965 in order that H.R. 13228 may be considered.

Mr. QUILLEN. Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, the gentleman from Indiana has fully stated the provisions of House Resolution 965. It provides for an open rule with 3 hours of general debate on H.R. 13228, the National Traffic and Motor Vehicle Safety Act of 1966. The substitute recommended by the Committee on Interstate and Foreign Commerce now in the bill shall be considered as an original bill for purposes of amendment under the 5-minute rule. After passage of H.R. 13228, the Committee on Interstate and Foreign Commerce will be discharged from further consideration of S. 3005, the similar Senate-passed bill, and it shall be in order to move to strike out all after the enacting clause of the Senate bill and insert the provisions contained in H.R. 13228 as passed by the House.

The purpose of H.R. 13228 is to reduce traffic accidents and the accompanying deaths and injuries. In order to achieve this end, the legislation: First, provides for the establishment of Federal safety standards for motor vehicles and vehicle equipment; second, safety research and development programs are instituted; and third, an expansion of the national driver register is authorized.

The Secretary is required to establish standards for motor vehicles and their equipment. They are to be practicable, taking into account economic factors and technological ability to achieve the desired result. Standards may be amended or revoked as necessary by the Secretary.

In determining standards the Secretary is required to: First, consider relevant safety data; second, consult with the Vehicle Equipment Safety Commission and such State or interstate agencies as he deems necessary; third, consider whether a proposed standard is reasonable, practicable, and appropriate; and, fourth, consider the extent to which the proposed standard will further the purposes of the act. To secure information upon which to base his orders the Secretary is empowered to conduct research, testing, and to make grants to States and nonprofit institutions qualified to conduct such work.

The bill requires the Secretary to issue initial Federal safety standards by January 31, 1967. New and revised-if necessary-standards are required by January 31, 1968.

Any safety regulation issued by the Secretary is subject to judicial review under the bill. An adversely affected person may request a court of appeals, within 60 days of its issuance, to review the order of the Secretary, who must file with the court a record of the proceedings on which he based his orders. The court may require additional evidence if material. The findings and order of the Secretary will be sustained when supported by substantial evidence on the basis of the entire record; he may also be required to modify his findings and order.

The bill prohibits the manufacture, importation, or sale of vehicles which fail to meet issued standards. These provisions do not apply to resale of used cars. The bill does provide some control over used car resales. The Secretary is authorized to make a study of safety standards for such vehicles, as well as inspection requirements in each State, and to report his findings to Congress within 1 year of enactment. Within the next year, safety standards are to be issued covering used cars.

Penalties are provided for violations, up to $1,000 for each violation; each vehicle involved is a separate violation. The maximum civil penalty for a series of violations is $400,000. Injunctive relief is also available to the Secretary to stop a series of violations. The Secretary is required to give notice to anyone against whom an injunction is contemplated and is required to give such person an opportunity for compliance. In cases of

criminal contempt for violations of an injunctive order, trial by jury is available.

Manufacturers are required to keep records, which the Secretary can use to determine whether such manufacturers are complying with standards. Trade secrets are to be protected. Notice must be given by a manufacturer of any defect relating to safety; notice to be given by certified mail to first retail purchaser and dealer. A copy of such notice must be forwarded to the Secretary; the manufacturer must promptly correct the defect.

The bill establishes a National Traffic Safety Agency, headed by an Administrator, appointed by the President, performing such duties as are delegated him by the Secretary, the administering of this act. The Secretary must report to the Congress by March 1 of each year.

Tire safety is dealt with in title II of the bill. A safety label is required for each tire giving pertinent information. Standards are to be established, under the authority granted the Secretary in title I. This title will require that "original equipment tires, or deluxe tires," et cetera, mean the same thing for each manufacturer so that the customer can more readily determine comparative values.

Authorizations for the bill are: Title I-except tire safety-$11 million for fiscal 1967, $17 million for 1968, and $23 million for 1969. Tire safety authorizations are $2.9 million for fiscal 1967 and $1,450,000 for each of 1968 and 1969.

A National Motor Vehicle Safety Advisory Council is established, consisting of five members from the general public, five members from the industry, and three members of State and local government to advise and consult with the Secretary of Commerce on the mandatory standards required by the bill.

Eight members have signed additional views opposing the present structure of the Advisory Council. They point out that last minute changes in the bill regarding the Council were approved 13 to 12 to accommodate the Secretary of Commerce by the removal of Senate confirmation of Advisory Council members. They believe that this removal will negate much of the independent thinking and judgment on motor vehicle safety problems which would otherwise be available to the Secretary.

One member has filed individual views warning that the bill is no cure-all; that accidents are caused by many factors, car design being only a small part. He supports the bill but fears that Federal standards may actually inhibit the development of safer cars.

Mr. Speaker, I know of no objection to the rule, and I urge that it be adopted. Mr. MADDEN. Mr. Speaker, I yield such time as he may require to the gentleman from Florida [Mr. BENNETT).

Mr. BENNETT. Mr. Speaker. for a decade, I have sponsored legislation to require that certain safety standards are met for all motor vehicles sold in interstate commerce. During the 89th Congress, I have introduced two bills, HR.