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If we are at last ready to concern from Alabama (Mr. HILL), the Senator ourselves with the problems of highway from South Carolina (Mr. RUSSELL), the safety, then let us commit ourselves on Senator from Georgia (Mr. RUSSELL), the every front where there is a chance of Senator from Florida (Mr. SMATHERS), success.

and the Senator from Alabama (Mr. This is why I have argued that the SPARKMAN) are necessarily absent. States and the Vehicle Equipment Safety On this vote, the Senator from TenCommission should be consulted and nessee [Mr. GORE) is paired with the given a sense of involvement in the set- Senator from Oklahoma (Mr. HARRIS). ting of standards—not because their If present and voting, the Senator from involvement would weaken safety pro- Tennessee would vote “yea" and the posals, but because it would strengthen Senator from Oklahoma would vote them. This the bill does.

“nay.” Mr. President, to the question of the I further announce that, it present and pending amendment, I was not here voting, the Senator from New Mexico when the Senate enacted the SEC Act. (Mr. MONTOYA) and the Senator from I was not here when they enacted the blinois (Mr. DOUGLAS) would each vote Food and Drug Act. I was here when we "nay." enacted the Civil Rights Act about which Mr. KUCHEL. I announce that the the Senator from Indiana has just Senator from Dela ware (Mr. Boggs), the spoken. In that case, there was ample Senator from Nebraska (Mr. CURTIS), reason to persuade Congress to include the Senator from Iowa (Mr. MILLER), the criminal sanctions, considering the prac Senator from California (Mr. MURPHY), tices that the record showed had oc the Senator from Massachusetts (Mr. curred in this country.

SALTONSTALL), the Senator from WyoBut with respect to automotive safety, ming (Mr. SIMPSON), the Senator from there is not a line in the record of the Texas (Mr. TOWER) and the Senator hearings of our committee that points to from South Carolina (Mr. THURMOND] wanton and willful conduct on the part are necessarily absent. of any manufacturer. Mistakes, surely. The Senator from Ilinois (Mr. And tragically, there will be more to DOUGLAS) is detained on official business come. But no demonstration of need, and his pair has been previously anfor the first time, to point a finger at any nounced. major industry and say, “We are going If present and voting, the Senator from to hit you with both.”

Delaware (Mr. Boggs), the Senator from The sad thing is that we are either Nebraska (Mr. CURTIS), the Senator kidding ourselves or the public. Be- from Iowa (Mr. MILLER), the Senator cause, as lawyers, I think most of us will from Callfornia (Mr. MURPHY), the Senagree that we are engaged in a great ator from Massachusetts (Mr. SALTONshadowboxing operation when we talk STALL), the Senator from Wyoming (Mr. about proving wanton and willful con- SIMPSON), the Senator from Texas (Mr. duct on an assembly line. Everyone who TOWER), and the Senator from South has been a prosecutor knows he would be Carolina (Mr. THURMOND] would each wasting the taxpayers' time and money vote “nay." to go to a grand jury with that.

Mr. INOUYE (when his name was The PRESIDING OFFICER. All called). On this vote, I have a pair with time on the amendment has expired. the Senator from Wisconsin (Mr. NELThe question is on agreeing to the SON). If he were present and voting, he amendment of the Senator from Indiana. would vote "yea"; if I were at liberty to On this question, the yeas and nays have vote, I would vote “nay." I withhold my been ordered, and the clerk will call the roll.

Mr. MANSFIELD (when his name was The legislative clerk proceeded to call called). On this vote, I have a pair with the roll.

the Senator from Ilunols (Mr. DIRKSEN). Mr. LONG of Louisiana. I announce If he were present and voting, he would that the Senator from Tennessee (Mr. vote "nay"; i I were at Uberty to vote, BASS), the Senator from Indiana (Mr. I would vote "yea." I therefore withBAYH), the Senator from Tennessee (Mr. hold my vote. GORE), the Senator from New Mexico The rollcall was concluded. (Mr. MONTOYA], the Senator from Maine The result was announced-yeas 14, (Mr. MUSKIE), and the Senator from nays 62, as follows: Wisconsin (Mr. NELSON) are absent on

oficial business. 14252

I also announce that the Senator from
Ilinois (Mr. DOUGLAS), the Senator from
Oklahoma (Mr. HARRIS), the Senator

vote.

(No. 114 Leg.)

YEAS-14
Brewstar Long, La. Neuberger
Church

Magnuson Ribloon
Dodd

McCarthy Yarborough Gruoalog Netcall

Young, Ohio Partko

Mano

NAY882
ALOQ
Carloor:

Pong
Allott
Caso

Fulbright
Anderson Clark

Grinn Bartlett

Coopes
Boanett
Cotton

Harden
Biblo
Dominic

Hickonloopar
Burdict
Dastland

Holland
Bynd, Va. Elendar

Hrusta
Byrd, w. Va. Ervin

Jackson
Cunnon
Panin

Janits
Jordan, N.C. Mondale

Robertson Jordan, Idaho Monroney Scott Kennedy, Masa. Morton

Smith
Kennedy, N.Y. Moss

Stennis
Kuchel
Mundt

Symington
Lausche
Pastore

Talmadgo
Long, Mo. Pearson

Tydings
McClellan Pell

Williams, N.J.
McGee
Prouty

Williams, Del.
McGovern Proxmiro

Young, N. Dak. Malatyro Randolph

NOT VOTING24
Bags

Russell, S.C.
Bayb
Inouye

Russell, Ga.
Boggs
Mansfeld

Saltonstall
Curtis
Miller

Simpson
Dirkson
Montoya

Smathens
Douglas
Murphy

Sparkman
Gore
Muskle

Thurmond
Elartis
Nelson

TOWOT
So Mr. HARTKE'S amendment was re-
jected.

Mr. PASTORE. Mr. President, I move that the vote by which the amendment was rejected be reconsidered.

Mr. SYMINGTON and Mr. COTTON moved to lay the motion on the table.

The motion to lay on the table was agreed to.

Senate Committee Report Senate Report 1301, Page 11

PENALTIES AND INJUNCTION 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:

13

Ver

9

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CIVIL PENALTY 21 SEC. 108. (a) Whoever violates any provision of ser22 tion 107, or any regulation issued thereumder, shall be subject 23 to a civil penalty of not to exceed $1,000 for cach such viola24 tion. Such violation of a provision of section 107 or regula

14

1 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

person charged.

Section 110

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