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Extracted from:

Congressional Record, Daily Digest, House,
Vol. 112, D771, August 17, 1966

Traffic Safety: By a record vote of 371 yeas the House passed 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, as amended.

By a record vote of 168 yeas to 205 nays the House rejected an amendment designed to have the President appoint a National Motor Vehicle Safety Advisory Council, instead of the Secretary of Commerce. Prior to this action the amendment had been agreed to by a division vote of 80 yeas to 77 nays.

Adopted amendments:

Which delete the definition of "person" in title I.

That clarify section 2 of title IV.

Specifying a time limit for the Secretary to publish a uniform quality grading system for motor vehicle tires.

Regarding entry for inspection of records.

Regarding the issuing of a certificate that the vehicle conforms to safety standards if the issuing person knows the certificate is false. Relating to the keeping of records by the manufacturer and the inspection of them by persons designated by the Secretary. Rejected amendments:

To provide for criminal penalties for negligence in automobile manufacture.

To provide seat belts for school buses.

Rejected a recommittal motion.

The passage was subsequently vacated and S. 3005 was passed in lieu, after being amended to contain the House-passed language. H. Res. 965, the rule under which the legislation was considered, was adopted earlier by a voice vote.

Pages 19625-19674

Congressional Record-House
August 17, 1966, 19625-19674

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 traffic 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 as many members of the armed services In trafic 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.

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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, H.R.

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414, and H.R. 9303, which would establish
safety standards for certain automobile
equipment, and require this equipment
to be included on all automobiles sold in
interstate commerce. I am deeply con-
cerned with this problem, as I consider
it to be of the greatest national im-
portance.

When people in our country read in
the newspapers that almost 50,000 people
have died during the last year in tramc
accidents, they are briefly shocked. But,
then they read about tragedy every day.
Tragedy is something that happens to
others. But every 13 minutes, some
man, woman, or child is killed in tramc
accidents. Every 18 seconds, somebody
is injured seriously in some twisted
wreckage. And yet tramc becomes
heavier every day. There are more driv-
ers, more vehicles, more miles of travel,
and thus more chances of accidents.
And in addition to the needless loss of
life, financial losses pile up at the rate of
$15,000 per second, around the clock.

Some 606,979 Americans have been killed in all battles since the battle of Lexington in 1775, including the most recent figures from Vietnam, yet over 1.5 million motorists have died in automobile accidents since 1899. In spite of these facts, however, the Congress has taken very little affirmative action toward curbing the rapidly rising number and cost of automobile accidents. Establishment of manufacturing standards for seat belts, and the requirement of certain safety devices on vehicles purchased by the Federal Government was a good beginning, but little more, because another record was set last year for traffic accidents and accidents continue to be the chief cause of death in Americans aged 1 to 34.

I personally cannot think of many things more beneficial to the Nation's welfare than this Congress acting favorably on legislation designed to end this horrible yearly death rate. In 1925 there were only 29 million licensed drivers in the United States; today there are 95 million. Yet in 1975, there will be 125 million Americans driving 117 million automobiles. In my home State of Florida alone, the number of cars will double in 10 years. These facts point up the need for effective legislation to be enacted to curb this modern tragedy of the tramc accident. The tramc safety legislation before the House today would do much to make American cars safer.

What is particularly distressing to me is that almost half of those killed in accidents could have survived in a safe automobile. This means that we would save 25,000 Americans this year if their automobiles were equipped with certain safety features. President Johnson has said:

We cannot accept the intolerable drain on our human and economic resources that these accidents are causing.

If we take action now to make cars themselves safer the frightening number of deaths and injuries occurring on our highways and our streets can be dramatically reduced.

It is important that Congress act now, for every day we put off coming to grips with this problem another 57 Americans will die in unsafe motor vehicles.

Mr. QUILLEN. Mr. Speaker, I yield 2 minutes to the gentleman from Nebraska (Mr. CUNNINGHAM).

Mr. CUNNINGHAM. Mr. Speaker, I think I ought to say that I do support this bill, but I did file the individual views which I hope the Members will read.

I hope that none of the Members, when this bill is approved, are going to issue any kind of statement that now we have solved the accident problem as far as vehicles are concerned because this bill in no wise solves that problem. In fact, it has very little to do with the prevention of accidents in the first instance.

It deals primarily with design. We have no figures those of us who have been in this work professionally, as I have for many years, know that there are no figures that support any contention that the design of the automobile is the cause of accidents. So because we pass this I hope that the public will not be led to believe that we have solved this problem.

Actually, the more important bill we will be voting on is the one that comes after this, if the schedule is followed, that comes from the Committee on Public Works. This bill gets into the guts of the problem. It was originally in our bill but because there was a conflict, I believe, between the authority of the two committees, it was agreed between the respective chairmen, as I understand it, that the Committee on Public Works would take out the major portion of the bill now under consideration.

So we have a mere skeleton here which
sets up standards which, as I say, only
nibbles at this, if it even goes that far.

So that the really important bill that
you are going to be discussing is the one
that will come out of the Committee on
Public Works, which is scheduled already
on the calendar. That is the one that
will get at this problem to a certain de-
gree. I thought that ought to be made
clear as we go through the debate.
Yes, I support the legislation, and I do
hope that you will read the minority
views that I have submitted.

Mr. QUILLEN. Mr. Speaker, I have
no further requests for time.
Mr. MADDEN. Mr. Speaker, I move
the previous question.

The previous question was ordered. The SPEAKER, pro tempore (Mr. ALBERT). The question is on the resolution.

The resolution was agreed to.

A motion to reconsider was laid on the table.

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Union for the consideration of the bill (H.R. 13290) to amend title 23 of the United States Code to provide for highway safety research and development, certain highway safety programs, a national driver register, and a highway accident research and test facility. After general debate, which shall be conAned to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Public Works, 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 Public Works now in the bill and such substitute for the purpose of amendment shall be considered under the Ave-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 Anal passage without intervening motion except one motion to recommit with or without instructions. After the passage of H.R. 13290, it shall be in order in the House to take from the Speaker's table the bill (8. 3052) and to move to strike out all after the enacting clause of said Senate bill and to insert in lieu thereof the provisions contained in H.R. 13290 as passed by the House.

Mr. SISK. Mr. Speaker, I yield 30 minutes to the gentleman from Tennessee [Mr. QUILLEN), and pending that I yield myself such time as I may consume.

Mr. Speaker, House Resolution 964 provides for consideration of H.R. 13290, a bill to amend title 23 of the United States Code to provide for highway safety research and development, certain highway safety programs, a national driver register, and a highway accident research and test facility. The resolution provides an open rule with 2 hours of general debate, making it in order to consider the committee substitute as an original bill for the purpose of amendment. The resolution further provides that after passage of H.R. 13290 it shall be in order to take S. 3052 from the Speaker's table, strike out all after the enacting clause and insert the Housepassed language.

The deaths, the injuries, and the property damage resulting from highway accidents have continued to rise over last year's shocking statistics.

After extended hearings, extensive research, and working conferences with a wide variety of groups and officials, the Committee on Public Works reported H.R. 13290, amended, setting forth a highway safety program. With the implementation of such a program, it is hoped that highway accidents will be notably less in the future.

We have had the automobile for more than 60 years, and for almost all of that time many of the States and their pol. itical subdivisions have had programs of some kind designed to regulate the use of the automobile in the interest of public safety. For 40 years the various safetyrelated organizations, both public and private, have been trying to persuade the several State legislatures to adopt at least minimum uniform regulatory statutes, with lamentable lack of success.

All States have some statutes; a few States have fairly extensive statutes;

only a handful of States have under-
taken comprehensive highway safety
programs and even these are handi-
capped by gaps and deficiences and in-
adequate financing. The States must
play a paramount role in any future pro-
gram.

H.R. 13290 requires that each State
shall have a highway safety program ap-
proved by the Secretary which is in ac-
cordance with uniform standards to be
promulgated by the Secretary. The Bec-
retary shall not act unilaterally in de-
veloping these standards. The bill spe-
cifically requires that the Secretary shall
work with the States, their political sub-
divisions, other Federal departments,
and public and private organizations, in
developing these standards.

The bill requires that the Secretary shall report to the Congress by no later than January 10, 1967, the standards to be initially applied; that the Secretary shall substantially broaden his avenues of consultation; that he shall seek the guidance of people who are experienced in the many aspects of highway safety; that he shall submit his proposed standards to review by the National Highway Safety Advisory Committee which the legislation would establish, and that he shall do all of this without delay.

The actual working programs must remain in the hands of the States, the Federal Government can and must assume a position of leadership in the field. It is anticipated that the Federal program, working through the Secretary of Commerce, will enhance, not impair, the responsibilities of the States.

Mr. Speaker, I urge the adoption of House Resolution 964 in order that H.R. 13290 may be considered.

Mr. QUILLEN. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, as the gentleman from California has stated, House Resolution 964 makes in order the consideration of H.R. 13290, the Highway Safety Act of 1966, under an open rule with 2 hours of general debate, making it in order to consider the committee substitute as an original bill for purposes of amendment under the 5-minute rule.

The purpose of the bill is to amend title 23 of the United States Code, pertaining to Federal highway programs to include a new chapter entitled "Highway Safety." The new chapter will include current and new Federal safety programs and further coordination of the various State and local highway safety programs.

Each State is required to have a highway safety program, conforming to criteria set by the Secretary of Commerce as performance standards. Each State program must be approved by the Secretary. Aims of the program are to improve driver and pedestrian performance, set up a system of records of accidents, accident investigation procedures, vehicle registration and safety inspection, highway design, and correction of high accident locations.

Federal funds in fiscal 1967 and 1968 are to be divided among the States by the Secretary on the basis of 75 percent for population and 25 percent as the Secretary may deem appropriate to carry out the nationwide aim of the program. By January 1, 1969, and the Secretary must

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