14252 If we are at last ready to concern ourselves with the problems of highway safety, then let us commit ourselves on every front where there is a chance of success. This is why I have argued that the States and the Vehicle Equipment Safety Commission should be consulted and given a sense of involvement in the setting of standards-not because their involvement would weaken safety proposals, but because it would strengthen them. This the bill does. Mr. President, to the question of the pending amendment, I was not here when the Senate enacted the SEC Act. I was not here when they enacted the Food and Drug Act. I was here when we enacted the Civil Rights Act about which the Senator from Indiana has just spoken. In that case, there was ample reason to persuade Congress to include criminal sanctions, considering the practices that the record showed had occurred in this country. But with respect to automotive safety, there is not a line in the record of the hearings of our committee that points to wanton and willful conduct on the part of any manufacturer. Mistakes, surely. And tragically, there will be more to come. But no demonstration of need, for the first time, to point a finger at any major industry and say, "We are going to hit you with both." The sad thing is that we are either kidding ourselves or the public. Because, as lawyers, I think most of us will agree that we are engaged in a great shadowboxing operation when we talk about proving wanton and willful conduct on an assembly line. Everyone who has been a prosecutor knows he would be wasting the taxpayers' time and money to go to a grand jury with that. The PRESIDING OFFICER. All time on the amendment has expired. The question is on agreeing to the amendment of the Senator from Indiana. On this question, the yeas and nays have been ordered, and the clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. LONG of Louisiana. I announce that the Senator from Tennessee [Mr. BASS), the Senator from Indiana [Mr. BAYH), the Senator from Tennessee [Mr. GORE], the Senator from New Mexico [Mr. MONTOYA], the Senator from Maine [Mr. MUSKIE), and the Senator from Wisconsin [Mr. NELSON] are absent on official business. I also announce that the Senator from Illinois [Mr. DOUGLAS], the Senator from Oklahoma [Mr. HARRIS], the Senator from Alabama [Mr. HILL), the Senator from South Carolina [Mr. RUSSELL], the Senator from Georgia [Mr. RUSSELL], the Senator from Florida [Mr. SMATHERS), and the Senator from Alabama [Mr. SPARKMAN] are necessarily absent. On this vote, the Senator from Tennessee [Mr. GORE] is paired with the Senator from Oklahoma [Mr. HARRIS). If present and voting, the Senator from Tennessee would vote "yea" and the Senator from Oklahoma would vote “nay.” I further announce that, if present and voting, the Senator from New Mexico [Mr. MONTOYA] and the Senator from Illinois [Mr. DOUGLAS] would each vote “nay.” Mr. KUCHEL. I announce that the Senator from Delaware [Mr. BOGGS), the Senator from Nebraska [Mr. CURTIS], the Senator from Iowa [Mr. MILLER], the Senator from California [Mr. MURPHY), the Senator from Massachusetts [Mr. SALTONSTALL], the Senator from Wyoming [Mr. SIMPSON], the Senator from Texas [Mr. TowER] and the Senator from South Carolina [Mr. THURMOND] are necessarily absent. The Senator from Illinois [Mr. DOUGLAS] is detained on official business and his pair has been previously announced. If present and voting, the Senator from Delaware [Mr. BoGGs], the Senator from Nebraska [Mr. CURTIS], the Senator from Iowa [Mr. MILLER], the Senator from California [Mr. MURPHY], the Senator from Massachusetts [Mr. SALTONSTALL), the Senator from Wyoming [Mr. SIMPSON], the Senator from Texas [Mr. TOWER], and the Senator from South Carolina [Mr. THURMOND] would each vote "nay." Mr. INOUYE (when his name was called). On this vote, I have a pair with the Senator from Wisconsin [Mr. NELSON]. If he were present and voting, he would vote "yea"; if I were at liberty to vote, I would vote "nay." I withhold my vote. Mr. MANSFIELD (when his name was called). On this vote, I have a pair with the Senator from Illinois [Mr. DIRKSEN). If he were present and voting, he would vote "nay"; if I were at liberty to vote, I would vote "yea." I therefore withhold my vote. The rollcall was concluded. The result was announced-yeas 14, nays 62, as follows: The bill imposes a civil penalty not to exceed $1,000 for each prohibited act (sec. 110(a)). The maximum civil penalty is limited to $400,000 for any related series of violations (sec. 110(a)). For example, if a manufacturer produces several thousand substandard vehicles or items of equipment as the result of the same error in design or construction, or the use of the same defective component, the maximum penalty to be imposed upon any one person for those violations would be limited to $400,000. The Secretary is authorized to compromise any civil penalty and, in determining the amount of the penalty, the Secretary or court is directed to consider the appropriateness of the proposed penalty to the size of the business of the person charged and the gravity of the violation (sec. 110(b)). The Attorney General is also authorized to seek injunctions against the performance of any prohibited act and to enjoin the sale of any vehicle which fails to conform to applicable standards under the act (sec. 111). Executive Communications Contains nothing helpful. As Introduced As H.R. 13228 in the House and S. 3005 in the Senate: 20 225 21 CIVIL PENALTY SEC. 108. (a) Whoever violates any provision of sec 22 tion 107, or any regulation issued thereunder, shall be subject 23 to a civil penalty of not to exceed $1,000 for each such viola24 tion. Such violation of a provision of section 107 or regula1 tions issued thereunder, shall constitute a separate violation 2 with respect to each motor vehicle or item of motor vehicle 3 equipment or with respect to each failure or refusal to allow 4 or perform an act required thereby. 5 (b) Any such civil penalty may be compromised by the 6 Secretary. The amount of such penalty, when finally deter7 mined, or the amount agreed upon in compromise, may be 8 deducted from any sums owing by the United States to the 9 person charged. 13 14 |