SEC. 109. (a) Whoever violates any provision of section 108. or any regulation issued thereunder, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. Such violation of a provision of section 108. or regulations issued thereunder, shall constitute a separate violation with respect to each motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty shall not exceed $400.000 for any related series of violations.

(b) Any such civil penalty may be compromised by the Secretary. The amount of such penalty. when finally determined. or the amount agreed upon. in compromise. may be deducted from any sums owing by the United States to the person charged.

SEC. 110. (a) The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or. upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.

(c) In all criminal or injunction proceedings for the enforcement or to restrain violations of this title, subpenas for witnesses who are required to attend a court of the United States in any district may run into any other district in any such proceeding.

SEC. 111. (a) If any motor vehicle or item of motor vehicle equipment is determined not to conform to applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, after the sale of such vehicle or item of equipment by a manufacturer or a distributor to a distributor or a dealer and prior to the sale of such vehicle or item of equipment by such distributor or dealer:

(1) The manufacturer or distributor, as the case may be, shall immediately repurchase such vehicle or item of motor vehicle equipment from such distributor or dealer at the price paid by such distributor or dealer plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per month of such price pald prorated from the date of notice of such nonconformance to the date of repurchase by the manufacturer or distributor; or

(2) In the case of motor vehicles, the manufacturer or distributor, as the case may be, at his own expense, shall immediately furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such vehicle and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the manufacturer's or distributor's selling price prorated from the date of notice of such nonconformance to the date such vehicle is brought

into conformance with applicable Federal standards: Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installation after the required part, parts or equipment are received.

(b) In the event any manufacturer or distributor shall refuse to comply with the requirements of paragraphs (1) and (2) of subsection (a), then the distributor or dealer, as the case may be, to whom such nonconforming vehicle or equipment has been sold may bring suit against such manufacturer or distributor in any district court of the United States in the district in which said manufacturer or distributor resides, or is found, or has an agent without respect to the amount in controversy, and sha!: recover the damage by him sustained, as well as all court costs plus reasonable attorneys' fees. Any action brought pursuant to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.

(c) The value of such installations and such reasonable reimbursements as specified in subsection (a) of this section shall be fixed by mutual agreement of the parties, or falling such agreement, by the court pursuant to the provisions of subsection (b) of this section.

SEC. 112. (a) The Secretary is authorized to conduct such inspection as may be necessary to enforce Federal vehicle safety standards established under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompl!ance with such standards for appropriate action.

(b) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain for a reasonable time such records as may be reasonably necessary to enable the Secretary to determine whether such manufacturer has acted or is acting In compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employee duly designated by the Secretary, make appropriate reports and permit such officer or employee to inspect appropriate books, papers, records, and documents. For the purposes of this section, the terms "reports". "books", "papers", "records", and "documents" shall be limited to design, engineering, quality control, shipment and receiving data that are relevant to determining whether motor vehicle safety standards prescribed pursuant to this title are complied with in the production of motor vehicles or items of motor vehicle equipment which have been or are being produced for sale.

(c) Every manufacturer of motor vehicles and motor vehicle equipment shall provide to the Secretary such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this Act. The Secretary 18 authorized to require the manufacturer to give such notification of such performance and technical data at the time of original purchase to the first person who purchases a motor vehicle or item of equipment for purposes other than resale, as he determines necessary to carry ou the purposes of this Act.

(d) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (b) which information contains or relates to a trade recret or other matter referred to in section 1905 of title 18 of the United States Code. shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by

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."

Mr. STAGGERS (interrupting the reading). Mr. Chairman, I ask unanimous consent that the committee amendment be considered as read, printed in the RECORD, and open to amendment at any point.

The CHAIRMAN. Is there objection to the request of the gentleman from Virginia?

There was no objection.

AMENDMENTS OFFERED BY MR. STAGGERS

Mr. STAGGERS. Mr. Chairman, there are several committee amendments which I should like to offer and have read and considered at this time.

The CHAIRMAN. The Clerk will report the first committee amendments. The Clerk read as follows:

Amendments offered by Mr. STAGGERS: On page 39, line 16, strike out "issue a certifcate," and insert in lieu thereof the following: "fail to issue a certificate required by section 114, or issue a certificate".

On page 39, line 21, strike the period and insert in lieu thereof a semicolon.

On page 39, immediately after line 21, insert the following:

"(4) fall to furnish notification of any defect as required by section 113.

Mr. STAGGERS. Mr. Chairman, these are only perfecting amendments which we feel should be inserted in the bill. They make notification and certification subject to the civil test.

Mr. SPRINGER. Mr. Chairman, we have no objection to the amendments. The CHAIRMAN. The question is on the amendments.

The amendments were agreed to. The CHAIRMAN. The Clerk will report the next committee amendments. The Clerk read as follows:

Amendments offered by Mr. STAGGERS: On page 39, lines 14 and 15, strike out "as required under section 112(b) and (c);" and insert in lieu thereof the following: "or fall or refuse to permit entry or inspection, as required under section 112:"

On page 46, strike out line 15 and all that follows down through and including line 6 on page 47 and insert in lieu thereof the following:

"(b) For purposes of enforcement of this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, or establishment. Each such inspection shall be

commenced and completed with reasonable promptness.

"(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title."

On page 47, line 7, strike out "(c)" and insert "(d)"

On page 47, line 17, strike out "(d)" and insert "(e)"

On page 47, line 19, after "(b)" insert "or (c)"

Mr. SPRINGER. Mr. Chairman, is the chairman of the committee going to make an explanation of these amendments?

Mr. STAGGERS. Mr. Chairman, I intended to say that this language is contained in the bill which passed the other body. We believe perhaps it will strengthen the bill to some degree. For that reason we have asked for it to be inserted.

Mr. SPRINGER. Mr. Chairman, it is my understanding-and I think I have read it before, but I want to be sure that this is what we are talking about this is the Senate language completely and no more. Is that correct?

Identical.

Mr. STAGGERS. Mr. SPRINGER. We have no objection to it.

The CHAIRMAN. The question is on the committee amendments.

The committee amendments were agreed to.

The CHAIRMAN. The Clerk will read the next committee amendment. The Clerk read as follows:

Amendments offered by Mr. STAGGERS: On page 56, line 23, after "shall" insert a comma and the following: "through standards established under title I of this Act,".

On page 56, line 1, strike out "Such" and all that follows down through the period on line 2 of page 57 and insert in lieu thereof: "Such order shall specify the date such system is to take effect which shall not be sooner than 180 days or later than 1 year from the date such order is issued."

The amendments were agreed to.

AMENDMENT OFFERED BY MR. SPRINGER

Mr. SPRINGER. Mr. Chairman, I offer an amendment.

The Clerk read as follows:

Amendment offered by Mr. SPRINGER: On page 34, line 14, strike out "Secretary," and insert in lieu thereof the following: "Presldent with the advice and consent of the Senate.".

Mr. SPRINGER. Mr. Chairman, in view of this being, I think, only one of two amendments, I would like to ask unanimous consent that I be allowed to proceed for 3 additional minutes.

The CHAIRMAN. Is there objection to the request of the gentleman from Illinois?

There was no objection.

Mr. SPRINGER. Mr. Chairman, this has to do with the Advisory Council. We feel that the formation of the Advisory Council was one of the real important parts of this legislation. This Council is composed of 13 members, of which one is the chairman. Now, at the beginning the original legislation had the provision as I want it in it. May I say this is a rather unique situation. The gentleman from Florida [Mr. ROGERS] offered the first amendment and we adopted it. Under that amendment the bill then read that it, the Council, would be appointed by the President with the advice and consent of the Senate. Now, within a very few days after this the Secretary of Commerce strenuously objected to the language "by the President with the advice and consent of the Senate."

Now, if I were the Secretary of Commerce, I might want it that way. The Advisory Council as we set it up appointed by the President with the advice and consent of the Senate is a pretty independent body, because it receives the final approval of the Senate. It was our feeling that a body as important as this, which is going to make up standards for this country in consultation with the Secretary of Commerce, ought not to be under the immediate domination of the Secretary. So the Secretary began to exert pressure on everybody, including me, to see if he could get this changed back from the way that the gentleman from Florida, [Mr. ROGERS] has put it into the bill finally. That amendment carried in the committee 13 to 12. Thirteen for making the change to give all of the power to the Secretary with no hearings on the appointment of the members of the Advisory Council. I am sure if the Secretary of Commerce had not intervened, this bill would have remained exactly as it was. It was only because of the pressure of the Secretary of Commerce that the change was made.

Why is this not in the public interest? I think that is pretty important to know. Under the language now in the bill, the Secretary of Commerce can appoint those 13 people this afternoon and they go to work tomorrow morning and the first time anybody would know about it is when those men were on the job, or you read about it in the newspaper. There is no intervening time for anybody to make any objection. You would not even know who the candidates

were.

Mr. Chairman, this Council of 13 people is going to advise the Secretary on automobile safety standards for 93 million automobiles of which there will roughly be 160 million people driving.

Mr. Chairman, if there is anything that can affect every home in this country more, I do not know what it is.

Now, Mr. Chairman, the amendment which I have offered would strike out "Secretary" and insert "President with the advice and consent of the Senate."

Mr. Chairman, why is it important to put this provision in here? In the first place, everyone of these 13 members should be publicly exposed by a hearing in the Senate. I do not mean held up to

ridicule; of course not. What I mean is 19661 that when the President nominates them, within 30 days they will come down to the Senate for confirmation and there will be a hearing on each one of these 13 people.

Mr. Chairman, there should be questions put to each of these appointees as to their qualifications.

Therefore, Mr. Chairman, you would have an opportunity to examine those people. If they are not qualified, then they should not be accepted in the public interest-if their record indicates in the past that they were not capable of acting in the public interest.

Mr. Chairman, there is a second reason why we wanted the Council to be relatively independent. In other words, Mr. Chairman, they should be standing up for the public interest and they should not be under the domination of the Secretary. I know that Members on both sides of the aisle were for the Advisory Council but said that the Advisory Council ought to be making its recommendations in writing so that there would be no doubt that the Council was acting in the public interest.

In other words, Mr. Chairman, we have made it impossible for the Secretary to consult with two or three of these people and put these standards into operation tomorrow and say that they had been consulted.

Mr. Chairman, we made it mandatory that the Secretary had to consult with the Advisory Council.

Mr. Chairman, this is the reason why this Council should be independent.

The members of the Committee may well say that the President and the Secretary are probably acting together. Perhaps, they are. Perhaps, the President is going to make the appointments that the Secretary wants to have made. But the important thing is that when these recommended appointments get to the Senate, you will have a right to question these men individually.

Mr. Chairman, this is a very simple amendment. I have tried to explain it in language which everyone can understand. I believe it is important to separate this Advisory Council from being under the immediate instructions of the Secretary, and that is the reason for the amendment.

Mr. Chairman, in the committee it lost by only a vote of 13 to 12. This will give to the members of the Committee an idea as to how close the vote was, and may I say that the vote was bipartisan.

Mr. STAGGERS. Mr. Chairman, I rise in opposition to the amendment.

Mr. Chairman, I shall not take the full 5 minutes, I just want to call upon the author of the amendment, because he is the one who sponsored it, the gentleman from Florida [Mr. ROGERS).

Mr. ROGERS of Florida. Mr. Chairman, I thank the chairman of the Committee on Interstate and Commerce for yielding to me at this time.

Mr. Chairman, I likewise rise in opposition to the amendment.

Actually, as has been explained, when I first offered this amendment I did have the Advisory Safety Council appointed