SEC. 121. (a) There is authorized to be appropriated for the purpose of carrying out the provisions of this title, other than those related to tire safety, not to exceed $11,000,000 for fiscal year 1967, $17,000,000 for fiscal year 1968, and $23,000,000 for the fiscal year 1969, and funds appropriated under this authority shall remain available until expended. (b) There is authorized to be appropriated for the purpose of carrying out the provisions of this title related to tire safety and title II, not to exceed $2,900,000 for fiscal year 1967, and $1,450,000 per fiscal year for the fiscal years 1968 and 1969. SEC. 122. The provisions of this title for certification of motor vehicles and items of motor vehicle equipment shall take effect on the effective date of the first standard actually issued under section 103 of this title. TITLE II-TIRE SAFETY SEC. 201. In all standards for pneumatic tires established under title I of this Act, the Secretary shall require that tires subject thereto be permanently and conspicuously labeled with such safety information as he determines to be necessary to carry out the purposes of this Act. Such labeling shall include (1) suitable identification of the manufacturer, or in the case of a retreaded tire suitable identification of the retreader, unless the tire contains a brand name other than the name of the manufacturer in which case it shall also contain a code mark which would permit the seller of such tire to identify the manufacturer thereof to the purchaser upon his request. (2) the composition of the material used in the ply of the tire. (4) the maximum permissible load for the tire. (5) a recital that the tire conforms to Federal minimum safe performance standards, except that in lieu of such recital the Secretary may prescribe an appropriate mark or symbol for use by those manufacturers or retreaders who comply with such standards. The Secretary may require that additional safety related information be disclosed to the purchaser of a tire at the time of sale of the tire. SEC. 202. In standards established under title I of this Act the Secretary shall require that each motor vehicle be equipped by the manufacturer or by the purchaser thereof at the time of the first purchase thereof in good faith for purposes other than resale with tires which meet the maximum permissible load standards when such vehicle is fully loaded with the maximum number of passengers it is designed to carry and a reasonable amount of luggage. SEC. 203. In order to assist the consumer to make an informed choice in the purchase of motor vehicle tires, within two years after the enactment of this title, the Secretary shall prescribe by order, and publish in the Federal Register, a uniform quality grading system for motor vehicle tires. Such order shall become effective one hundred and eight days from the date on which such order is published. The Secretary shall also cooperate with industry and the Federal Trade Commission to the maximum extent practicable in efforts to eliminate deceptive and confusing tire nomenclature and marketing practices. TITLE III-ACCIDENT AND INJURY RESEARCH AND TEST FACILITY SEC. 301. The Secretary of Commerce is hereby authorized to make a complete investigation and study of the need for a facility or facilities to conduct research, development, and testing in traffic safety (including but not limited to motor vehicle and highway safety) authorized by law, and research, development, and testing relating to the safety of agricultural machinery used on highways or in connection with the maintenance of highways (with particular emphasis on tractor safety) as he deems appropriate and necessary. SEC. 302. The Secretary shall report the results of his investigation and study to Congress not later than December 31, 1967. Such report shall include but not be limited to (1) an inventory of existing capabilities, equipment, and facilities, either publicly or privately owned or operated, which could be made available for use by the Secretary in carrying out the safety research, development, and testing referred to in section 301, (2) recommendations as to the site or sites for any recommended facility or facilities, (3) preliminary plans, specifications, and drawings for such recommended facility or facilities (including major research, development, and testing equipment), and (4) the estimated cost of the recommended sites, facilities, and equipment. H. Rept. 1776, 0, 89–2- -2 SEC. 303. There is hereby authorized to be appropriated not to exceed $3,000,000 for the investigation, study, and report authorized by this title. Any funds so appropriated shall remain available until expended. TITLE IV-NATIONAL DRIVER REGISTER SEC. 401. The Act entitled "An Act to provide for a register in the Department of Commerce in which shall be listed the names of certain persons who have had their motor vehicle operator's licenses revoked", approved July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note), is hereby amended to read as follows: "That the Secretary of Commerce shall establish and maintain a register identifying each individual reported to him by a State, or political subdivision thereof, as an individual with respect to whom such State or political subdivision has denied, terminated, or temporarily withdrawn (except a withdrawal for less than six months based on a series of nonmoving violations) an individual's license or privilege to operate a motor vehicle. "SEC. 2. Only at the request of a State, or a Federal department or agency, shall the Secretary furnish information contained in the register established under the first section of this Act, and such information shall be furnished only to the requesting party and only with respect to an individual applicant for a motor vehicle operator's license or permit. "SEC. 3. As used in this Act, the term 'State' includes each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands, the Canal Zone, and American Samoa." The amendment to the title of the bill is as follows: Amend the title so as to read: "A bill 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 and injuries to persons which occur in such accidents." NEED FOR LEGISLATION 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 it was stated that since 1961 we have lost about four times as 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. The committee is satisfied that 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. In all cases where deaths and injuries occur, there are at least two collisions, not only the impact between the vehicles themselves, but the impact of the passengers with the interior of the vehicle, this latter impact has been characterized as the "second collision." In the course of the hearings, the committee viewed slides and films which demonstrated over and over again that there is vast room for improvement in the "second collision" area, and that the second collision victim invariably comes up second best when he is thrust against a steering wheel, a dashboard, a windshield, or knobs and other protrusions in the interior of his vehicle. Considerable improvement can be made by the use of safety belts or other restraining devices. However, it is also clear that motor vehicles need not have as many potentially lethal appointments in their interior design as presently exist in many models. Safety performance standards based on scientific and engineering research can lead to both a reduction of the incidence of accidents and to a reduction of the deaths and injuries which are associated with motor vehicle accidents. Not only is there general agreement that there is a need for Federal legislation at this time but also most of the witnesses who appeared before the committee, including the representatives of the automotive industry, support mandatory safety standards for new motor vehicles. Standards, of course, cannot be set in a vacuum. They must be based on reliable information and research. One cf the facts which was brought to the fore in the course of the committee's herrings was that it is virtually impossible to obtain specific information and data concerning the causes of traffic accidents and the performance of vehicles in accident situations. Much work in this area is being done but is is diffused. Under this hill this work can be augmented and channeled so that it will b 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. Congress and the Nation should accept the challenge to reduce this senseless bloodshed and death on our highways. The legislation which the committee now favorably reports is a needed step toward meeting this challenge. COMMITTEE ACTION In recent years much of the legislation pertaining to motor vehicle safety which has been enacted into law resulted from the activities of this committee. Since 1959 three laws have been enacted dealing with aspects of motor vehicle safety. The first of these was Public Law 87-637 approved September 2, 1962, providing that hydraulic brake fluid sold or shipped in interstate commerce for use in motor vehicles shall meet specifications prescribed by the Secretary of Commerce. The second was Public Law 88-201 which provided that seat belts for use in motor vehicles shall meet certain safety standards established by the Secretary of Commerce. The latest of these laws is Public Law 88-515 which requires passenger-carrying motor vehicles purchased for use by the Federal Government to meet certain passenger safety standards prescribed by the Administration of General Services. On March 2, 1966, President Johnson delivered to Congress his message on transportation and traffic safety. At the same time he proposed the Traffic Safety Act of 1966. On the same date the chairman introduced the Traffic Safety Act of 1966 (H.R. 13228). Both before and after this date, a number of other members of the Committee on Interstate and Foreign Commerce, as well as many Members of Congress not on the committee, introduced various bills dealing with the traffic safety problem. In all, the committee has had some 79 bills on various aspects of this subject referred to it. Commencing on March 15 and terminating on May 13, the committee held 13 public sessions on all of the safety bills which were referred to the committee. In the course of the hearings, testimony and statements were received from 24 Members of Congress, all but 6 actively favoring establishment of Federal standards. The testimony and statements from 8 Federal departments and agencies all actively supported Federal standards. A number of State governments, too, were represented by witnesses at the hearings. Most of the industries concerned, trade associations, and individuals active in the field of traffic safety appeared. With few exceptions, the witnesses including the representatives of the automotive manufacturers-favored the imposition of mandatory Federal safety standards. The committee went into executive sessions on this legislation on June 15 and on July 25 when the bill was ordered reported the committee had held 17 executive sessions. The number of executive sessions indicates both the complexity of the problem and the thoroughness with which it was considered. Ultimately the committee, by a unanimous vote, ordered this bill reported. SUMMARY OF THE REPORTED BILL Title I-Motor Vehicle Safety Standards The purpose of the legislation is to reduce traffic accidents and the deaths and injuries which result from traffic accidents. There is a congressional determination (1) that it is necessary to establish Federal safety standards for motor vehicles and motor vehicle equipment, (2) to undertake and support safety research and development, and (3) to expand the national driver register. To provide the necessary legislative framework to achieve this purpose the reported bill includes 1. Definitions Section 102 defines motor vehicle safety, motor vehicle safety standards, motor vehicle, motor vehicle equipment, and a number of other terms which appear in the legislation. 2. Establishment of standards Section 103 requires mandatory establishment of standards which shall be related to the paramouut purpose of this bill which is the achievement of motor vehicle safety. 3. National Motor Vehicle Safety Advisory Council Section 104 creates an advisory council made up of five members of the public, five members of industry, and three members of State or local governments, to advise and consult with the Secretary on standards. 4. Judicial review Section 105 sets forth a procedure for judicial review based on comparable provisions in the Food and Drug Act. 5. Research, testing, and training Section 106 requires the Secretary to conduct necessary research, testing, development, and training. 6. Cooperation with other agencies Section 107 authorizes cooperation with Federal departments and agencies and States and other interested public and private agencies in the planning and development of safety standards. 7. Prohibited acts and exemptions Section 108 prohibits the manufacture, sale, or importation of vehicles or equipment that fail to meet Federal safety standards; it also provides exemptions from prohibited acts. 8. Used vehicles Section 108 also requires establishment of used vehicle standards and encourages the establishment and expansion of State inspection systems. 9. Civil penalties Section 109 provides for the imposition of civil penalties for violations. 10. Injunctions Section 110 permits the Secretary to seek injunctive relief to restrain violations. 11. Reimbursement to distributors or dealers Section 111 provides for reimbursement to distributors or dealers who have purchased vehicles or equipment which do not conform to standards. 12. Inspection and recordkeeping requirements Section 112 authorizes inspections necessary to enforce safety standards, requires manufacturers to keep records to enable the Secretary to determine compliance, and requires that performance data be given to the Secretary and the first purchaser. It further provides certain protection for trade secrets. 13. Notification of defects Section 113 requires manufacturers to give notice of defects to known first purchasers and in some cases to subsequent purchasers (transferred warranties) and to authorize the Secretary to require additional notifications. 14. Certification Section 114 requires the manufacturer or distributor to issue a certificate that his product conforms to Federal safety standards. 15. National Traffic Safety Agency Section 115 establishes a safety Agency in the Department of Commerce to be headed by a Presidentially appointed Administrator. 16. Antitrust laws Section 116 disclaims any intent to affect antitrust laws. 17. Repeals Section 117 repeals existing hydraulic brake fluid and seat belt laws. 18. Avoidance of duplication Section 118 requires the Secretary to avoid duplicating services and research and testing facilities of other departments and agencies. H. Rept. 1776 0, 89-2- -3 |