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Secretary of Commerce to establish Fed- create cadres of professionally qualified
era malety standards for all motor vehi- experts who are equipped to interpret and
cles and motor vehicle equipment, for- apply safety standards. This trained
eign as well as domestic, including trucks manpower will play a vital role in ad-
and buses not already subject to ICC reg. ministering & comprehensive and bal.
ulation. The authority is mandatory, as anced tramic safety program.
it should be not discretionary.

There is ample provision in the comThe Secretary would be ordered to mittee's bw to insure prompt and elecprescribe Interim standards, by January tive disclosure of any hazardous defects 31, 1967, to become effective from 8 that might turn up in a motor vehicle or months to a year after their publication. piece of motor vehicle equipment sold to These interim standards will bring at the public. The burden of responsibility least a measure of Federal control to 1968 for correcting any such safety-related model cars.

defect or nonconforming condition The Secretary is ordered to consult would rest on the manufacturer rather with the Vehicle Equipment Safety Com- than

Com than the dealera powerful inducement mission, with other State and Interstate

for the automakers to maintain the agencies, including legislative commit- highest standards of quality control. tees, with motor vehicle and motor vehi

While rejecting a specific requirement cle equipment manufacturers, as well as

for compulsory safety inspection of used with scientific, technical, business, and

motor vehicles, the committee bill would consumer organizations before setting

declare that it is the policy of the Conthese standards. He must also consider

gress to improve and strengthen the enwhether they are reasonable, practicable.

forcement of State inspection of used and appropriate for the particular type

motor vehicles. It would also order the of vehicle involved.

Secretary of Commerce to study the ade Safety standards prescribed under the

quacy and effectiveness of State safety terms of this bill would be intended to

standards and inspection requirements protect the American public from unrea

and report back to Congress within 1

year with recommendations for addisonable risk of accidents occurring as a result of motor vehicle design or con

tional Federal legislation in this area. struction and also from

The committee would authorize the unreasonable

expenditure of $51 million for the first 3 risk of death and injury should an accident occur. The Commerce Committee

years of this new Federal traffic safety efrightly saw fit to extend this definition

fort almost three times what the ad

ministration had suggested. In addition, to nonoperational safety aspects of motor vehicles so that it covers such items

the bill would authorize whatever out

lays are required to build an up-to-date as a faulty jack that slips and injures a motorist changing a tire, or an improp

accident and injury research center.

I repeat, this is a good bill. It includes erly designed hood or trunk ud which falls and injures someone.

all of the provisions that I felt were lack

ing in the administration's bill, includ. The bill would make it Wegal to sell

ing & requirement that the Secretary any motor vehicle or piece of motor ve

furnish Congress an annual report givhicle equipment which did not conform

ing a comprehensive account of how the to these Federal safety standards and

act is being administered, including a would provide for stringent civil penal

review of research activities and recomties for any violation. It would also give

mendations for any additional legislation the Secretary of Commerce authority to

required. carry on whatever testing, inspection,

This legislation gives the Federal Govand investigation was required to help in

ernment & permanent responsibility in the enforcement of these standards. This would include the on-site inspection

the traffic safety field. It is a responsi

bility too long neglected. We have Fedof factory and warehouse facilities.

eral programs to insure safe travel with Standards now prescribed for brake

every means of transportation except Avid and seat belts would continue in that which carries and kills the most peoeffect under the Commerce Committee plethe motor vehicle. When we combill and I am certain that any standards

mute to work on the train-when we fiy prescribed for tires, along the lines of the to a distant city by plane or when we bill unanimously adopted by the Senate travel overseas by ship we know that last March, would likewise be a part of the train, the plane, or the ship meet the Federal traffic safety program.

certain mainimum standards of safety. I am particularly pleased that the But when we put our families in a car to Commerce Committee saw fit to provide drive to the country, we have no such the Secretary with authority to develop assurance. prototype safe cars through grants or For years, the Federal Government contracts. Although no funds are spe- has specified the number of handholds cifically authorized for such projects, for trainmen on freight cars. Is there ample money will be available to develop anything improper in the Federal Gov

erment specifying the number and kind significantly advance our knowledge of of lights required on motor vehicles? what constitutes safe motor vehicle Can we not insist that car doors stay design.

closed in a 40-mile-an-hour collision? The Secretary would also be authorized Can we not demand gas tanks that will to assist and cooperate with State agen- not rupture in & crash? Can the Federal cies and other public bodies in the devel- Government not require the auto inopment of safety standards, inspection dustry to build a car with a stronger and testing methods, and testing equip- passenger compartment with euective ment. In addition, he could undertake a padding-and & steering column that variety of training programs designed to will not impale a driver in a collision?

1 we are to tame the motor vehicle,

14232 portion of the American market unless we must make a conscious decision to do they bulld safer cars. So unquestionably all those things that are required to the work of the Senator and his commake our highways as safe as humanly mittee has had a worldwide impact. possible. The automobile is part of our Mr. MAGNUSON. I think the Senator environment-Uke the jet airplane, from Connecticut should pursue the atomic energy, pesticides, and & whole matter, and undertake the leadership of host of new We-saving drugs. We have & worldwide conference on auto safety. learned to control these technological Mr. LONG of Louisiana. Mr. Presi. wonders—just as we will learn to harness dent, will the Senator yield? the marvelous inventions and discoveries Mr. MAGNUSON. I yield. I thank of the future.

the Senator from Connecticut again for The problem of death and injury on his kind remarks. our highways is a challenge to man's Mr. LONG of Louisiana. Mr. Presitechnical genius and his ability to con dent, as the Junior member of the comtrol his environment. It is a challenge mittee, I wish to commend the distinwe must now decide to meet and over guished chairman, the Senator from come. The first step is to enact the leg Washington, (Mr. MAGNUSON) for the Islation now pending before us.

truly magnificent job he has done in The carnage on our highways is noth managing this bill in the committee. The ing less than an insult. It insults our Senator was fair to all the committee humanity and our sense of the value of members; he considered every Senator's human Ute. It insults our sense of pride point of view; he considered both the in the technological achievements of this needs of the public and the needs of nation in our ability to master the industry. It has never been my expericomplexities of modern life. It insults ence to serve with or serve under & more our confidence in the legislative proc fair or conscientious presiding officer ess in our ability to protect the health, than the Senator from Washington in welfare, and happiness of the American handling this bill. In my judgment, he people.

has brought forth & truly remarkable When this legislation is enacted, it bull to protect the public interest and to will be a landmark of consumer protec

save vast numbers of lives from being tion legislation.

lost in traffic accidents. The senior Every member of this generation and Senator from Washington (Mr. MAGNOthe generations to come will owe & debt SON) has given careful consideration to of gratitude to the Senator from Wash the needs and the viewpoints of all segington for the outstanding task he and ments of business, both large and small, his committee have performed on this to make it possible for them to comply bill, and I cannot help but commend him

with the bill without Injury to their ecohighly for his performance.

nomic interests or future prospects. At Mr. MAGNUSON. We thank the the same time, he has brought to the Senator very much, and we are very Senate a bill which carefully protects the grateful for his kind remarks, of course. Interests of the public, and assures that I had the ane cooperation of the distin. deaths on the highway will be greatly guished Senator from New Hampshire, reduced as a result of the work of his the ranking member of the minority, committee. and all the other members of the com It has been a real pleasure to serve mittee.

with the Senator as chairman of the I should like the Senator from Con committee. necticut to respond to this thought. I

Mr. MAGNUSON. I thank the Senashare his view of the impact that this tor. legislation might have, not only on the

Mr. LONG of Louisiana. Every memUnited States but worldwide. I falled ber of the committee is deeply indebted to mention that we have provided in the to the chairman for the very thoughtbill for foreign cars, that they must com

ful and kind consideration he gave to ply with the standards; and we have each of us in permitting us to express our even allowed them to come in under

views, and in reconciling the many diversomething like a free-port arrangement. gent viewpoints, to bring forth a bill that where, 11 they are not in compliance, represents the best judgment of the comdealers can bring them up to standard. mittee. The Senator from Connecticut and I

Mr. MAGNUSON. The Senator from have discussed the fact that we have Louisiana was very helpful to the Senaworld conferences on safety at sea, tor from New Hampshire (Mr. COTTON). world conferences on safety in the air, myself, and all of us in arriving at what and world conferences on safety of ex we think is a sensible bill—for that is plosives and hazardous substances, and what we feel it is. I mentioned that I hope the day will As I pointed out earlier, this is an income soon when we will have a world dustry that employs, directly or indiconference on automobile safety. Mil rectly, one out of every six people emlions of lives could be saved 11 that were ployed in the United States. It means done.

a great deal to our economy. But I hope Mr. RIBICOFF. There is no question the Senator from Connecticut and other that what the Senator says is absolutely Senators will not be satisfied. I agree true. I can tell from my mail, as I am with what the Senator has stated on sure the Senator can from his mail, the driver education. I cannot think of any. deep concern and the impact that this thing that would be of better use, for legislation has had on foreign manufac the expenditure of a small amount of turers, because they want & portion of money, than a worldwide conference on the American market, and they know auto safety. that they will not be able to retain & Mr. RIBICOFF. I think the sugges

tion is & sound one, and I think the

Senator will and general agreement shall find that the States will accelerate from every nation which has large num- their own activities on the local and State bers of automobiles. I have been asked levels. to speak in many nations outside the By our action on this bill, we shall be United States on this problem. I hope making a distinct contribution to highthe chairman will initiate such & con- vay safety. Ierence, and will invite me to attend Mr. MAGNUSON. I agree. with him when the conference is held.

Mr. President, I ask unanimous conMr. MAGNUSON. I say to the Sena sent to have printed at this point in the tor from Connecticut, no one has been RECORD excerpts from the report. more zealous in pursuing this matter There being no objection, the excerpts over the years than has he. I read the from the report (Rept. No. 1301) were article in the New York Times last week- ordered to be printed in the RECORD, as end. It was not immodest at all about follows: what the Senator has done in this field.

SCOPE OT THE BILL I think it woke a lot of people up.

The critical deditions which delimit the But the very fact that the Senator scope of the bill are those of motor vehicle** did not seem to obtain much reaction

and "motor vehicle safety." anywhere except in his own area. work

"Motor vehicle" for purposes of coverage

of the act is defined as "any vebicle driven ing under great odds, points up the neces

or drawn by mechanical power primarily for sity for doing what we are doing here.

use on the public roads, streets, and high. Mr. RIBICOFT. That is correct. It

ways.

• •* (sec. 101(c)). The act tbus can be done on a localized basis, but it covers not only passenger cars but buses, becomes very obvious that this problem trucks, and motorcycles. The bill excludes, is so vast that the Federal Government

however, those buses and trucks which are must have a role. It is obvious that the

subject to safety regulation by the Interstate

Commerce Commission (sec. 101(C)), al50 States cannot Individually set stand

though it is anticipated that should the proards for the automobiles that come into

posed nes Department of Transportation be those 50 States from a mass production

created, safety regulation of all trucus and industry.

buses will be transferred to the Secretary of Mr. MAGNUSON. The State Gover Transportation. In the Interim, to avoid the nors have appointed a committee to co

imposition of dual standards on these ve. operate and work out these problems.

hicles, the bill requires that the Secretary

Dot adopt standards which dider in substanco They had a short meeting here 2 or 3

from applicable safety regulations issued by weeks ago. The chairman is the Gover

the ICC (sec. 103(g)) nor of Wyoming, Governor Romney of

"Motor vehicle safety" is defined as "the Michigan is on the committee, as is the performance of motor vehicles or motor Governor of West Virginia. They in- vehicle equipment in such a manner tend to take the matter up at their Gov- that the public is protected against unreaernors' conference, which is to be held sonable risk of accident occurring As the on the 4th and 5th of July in Los An.

result of the design or construction of motor

vehicles; and is also protected against ungeles.

reasonable risk of death or injury to persons Mr. RIBICOFF. With the passage of

in the event accidents do occur, and includes such legislation as this, its impact in the nonoperational safety of such vehicles" (sec. States will follow accordingly. Once the 101(a)). States realize that the Federal Gover

Thus the bill is intended to reach not only ment has an interest, and once the news the safety of driver. passenger, and pedesis out that this is a national policy, then

trian, but the safety of those who must wort the reluctance of many States to take the

with or otherwise come in contact with the

vehicle while it is not operating. steps that they must and should take on the question of driver education, the

INTAAN AND REVISED STANDARDS question of licensing, and the question of

The bill, as amended by the committee, asmaking sure their roads are proper will signs responsibility for the administration of

safety standards and research to the Secredisappear, and the matter will become an

tary of Commerce (sec. 101(1)). In order Important State issue. Then the pres

that the congressional mandate be made un. sure will be on the Governors to do the equivocal and certain and that safety standjobs. My feeling is, having been & ards be established at the earliest practicable Governor

time, the bill directs the Secretary of ComMr. MAGNUSON. And the legisla

merce to prescribe interim motor vehicle

safety standards by January 31, 1967 (sec. tures.

102). These standards are to be efectivo MI. RIBICOF. And the legislatures. within 6 months to 1 year thereafter. Such But the key must be the Governor. The interim standards, which will be promul. Governor must be the driving force in his gated before the Secretary is able to derive State for highway safety. He must take substantial beneat from the new research what seemingly is an unpopular tough

and development activities also authorized by course. But basically he will be pursuing

the act, will necessarily be based upon erist& popular course, because the American

ing public and private standards, evaluated

in the light of avallable technical Informapeople wish to save their own lives and

tion. those of their loved ones.

Thus it is anticipated that in selecting Now we are making it possible to interim standards, the Secretary will conattack one important facet of the acd sider and evaluate the current GSA slety dent triangle so that, to the greatest ex standards for Government-purchased vead. tent possible, it will be possible to cles (a copy of the

cles (a copy of the current standards in. minimize accidents and the seriousness of

cluded in the appendix to this report). The

Secretary will also be expected to review onInjuries, and reduce the number of

Loting State motor vehicle standards as well deaths.

as voluntary SAE standards to determine Now that congressional attention has which may appropriately be used as a basis been focused on this subject, the Federal for interim national standards. Government will have a principal role Subsequently, on or before January 31, in promoting highway safety, and we 1968, and thereafter at least once every 3

years, as Federal safety research and de- all their new vehicles within 1 year. When velopment matures, the Secretary is directed changes can reasonably be accomplished in 1 to issue new and revised standards (sec. 103 year or less, the Secretary can so require. (a)). Unlike the General Services Admin. But whon manufacturers satisfy the SecreIstration's procurement standards, which are tary that a particular change cannot reasonprimarily design specifications, both the ably be accomplished within 1 year, the bill interim standards and the new and revised gives him discretion to extend the period, standards are expected to be performance publishing his reasons therefor (sec. 103(b)). standards, specifying the required minimum

PROCEDURES FOR THE PROMULGATION OF SAFETY safe performance of vehicles but not the

STANDARDS manner in which the manufacturer 18 to

In establishing standards, the Secretary 18 achieve the specided performance (sec. 101 (b)). Manufacturers and parts suppliers

required to comply with the rulemaking prowill thus be free to compete in developing and

cedures of the Administrative Procedure Act

(sec. 103 (a)). (The bill contemplates a selecting devices and structures that can

streamlined rulemaking process for tho esmeet or surpass the performance standard.

tablishment of interim standards (sec. 102).) The Secretary would thus be concerned

The Secretary is not required to comply with with the measurable performance of a brak

sections 7 and 8 of APA requiring formal ing system, but not its design detalls. Such

hearing. The APA (sec. 103 (1)), must mainstandards will be analogous to a building

tain a record of the evidence and comments code which specifies the minimum load-car

on which he bases the standards (vec. 118). rying characteristics of the structural mem

Tho Secretary 18 directed to consult with bers of a building wall, but leaves the builder

tho Vehicle Equipment Safety Commission, free to choose his own materials and de

and such other State and interstate agencies, sign. Such safe performance standards are

including legislative committees, as he deems thus not intended or likely to stifte innova

appropriate (sec. 103(c)), in order to utilizo tion in automotive design.

the experience existing in the States and to In promulgating any standard, the Sec

encourago them to adopt standards which retary is required to consider whether such are identical to the Federal ones (Bec. 104). standard is reasonable, practicable and ap- Tho committee is mindful of the contribupropriate for the particular type of motor tion which the States have made toward the vehicle or item of motor vehicle equipment development of vehicle safety standards over for which it is prescribed, and consider, also, the years and expects this contribution to the extent to which such standard would continue in a consultative role. The Vehicle contribute to carrying out the purposes of Equipment Safety Commission is specifically the act (secs. 102(c) and 103(c)). The Sec- mentioned because 44 States and the Disretary is not expected to issue & standard trict of Columbia are members of this orcovering every component and function of a ganization, and it is the major existing motor vehicle, but only for those vehicle agency which has authority to propose unicharacteristics that have a significant bear. form vehiclo safety standards for the meming on safety.

ber States to consider for adoption. It is, The General Counsel of the Commerce De of course, not intended that such consultapartment stated in a letter to the commit. tion should delay or otherwise impedo the tee: "The tests of reasonableness of cost. Secretary's development and promulgat!on feasibility and adequate lead time should of standards. be included among those factors which tho Tho Secretary would be expected to give Secretary could consider in making his total public notice of any proposed new or revised Judgment."

safety standards and to notify directly the The committee intends that safety shall

Vohiclo Equipmont Baloty Commission, and

Vonico. quipe be the overriding consideration in the lagu. Such other State or interstate agencies (inance of standards under this bill. The com cluding legislative committees) As he deeme mittee recognizes, as the Commerce Depart appropriate, and to set a reasonable time for ment letter indicates, that the Secretary will

public comment to give the Commission, and necessarily consider reasonableness of cost,

other agencies and Interested persons opporfeasibility and adequate leadtime.

tunity to study and comment on the proIn determining whether any proposed

posals (sec. 103(c) (2)). standards is "appropriate" for the particular

In addition, the bill expressly includes as type of motor vehicle equipment or item of

persons to be afforded an opportunity to motor-vehicle equipment for which it is pre

participate in the standard-setting procom, scribed, the committed intonds that the

manufacturers, distributors and dealers of Secretary will consider the desirability of al

motor vehicles and motor vehicle equipment, Sording consumers continued wide rango

public and private organizations, individuals of choices in the selection of motor vehicles.

engaged to a significant extent in the promoThus it is not intended that standards will

tion or study of motor vehicle safety, and be set which will eliminato or necessarily be

automobile insurance underwriters (soc. the same for small cars or such widoly ac

103(e)). cepted models es convertibles and sports

In issuing each standard, tho Secretary 1s cars, so long as all motor vehicles meet basic

expressly required to publish a statement of minimum Standards. Such diferenca, of

basis and purpose which provides a noncourse, would be based on the type of vehicle

technical explanation sumclent to enable tho rather than its place of origin or any special

public to understand the purpose and, where circumstances of its manufacturer.

appropriate, the limitations of the standard's The bill provides that the new and revised

coverage together with a technical statement standards shall become effective on a dato

setting forth the data necessary to an ovaluspecifed by the Secretary, which shall be no

ation of the standard by competent technical sooner than 180 days nor later than 1 year

personnel (sec. 103 (d)). from the date the standard is finally issued

Any person who believes himself to be ad(ca. 102(b) and 100 (b)), exoopt that for

versely affected by the promulgation of a food causo shown, the secretary may spocity

standard may obtain judicial roviow, in ao. & later effective date, but must publish his

cordance with soction 10 of the Administrareasons therefor (sec. 103(b)).

tive Procedure Act (sec. 106). The AdminThe power to specify a later effectivo date

istrative Procedure Act sets forth the longis needed because it may be a practical eco

established criteria for judicial review of nomic and engineering Impossibility, as well

agency action and provides that agency and

ings shall be upheld 11 supported by subAS A source of great hardship and unneces

stantial evidence on the record considered as sary additional cost, to require that all ve

A whole. That act also authorizes the rehicle changes required by any new safety viewing court to stay the agency action standard, whatever Its scope or subject mat pending review to the extent necessary to ter, be accomplished by all manufacturers for prevent irreparable injury.

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