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Sec. 110. (a) The United States district courts shall have jurisdic- U.S. District 6 tion, for canse shown and subject to the provisions of rule 65° (a) and courts, juris(b) of the Federal Rules of Civil Procedure, to rest rain violations of diction. this title, or to rest rain the sale, offer for sale, or the introduction or 28 USC app. delivery for introduction, in interstate commerce, or the importation into the United States, of any motor vehicle or item of motor vehicle equipment which is determined, prior to the first purchase of such vehicle in good faith for purposes other than resale, not to conform to applicable Federal motor vehicle sa fety standards prescribed pursuant to 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 violaiion 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 condlucted 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.
18 USC app. (c) Actions under subsection (a) of this section and section 109(a) of this title may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.
(d) In any actions brought under subsection (a) of this section and section 109(a) of this title, subpoenas for witnesses who are required to attend a United States district court may run into any other district.
(e) It shall be the duty of every manufacturer offering a motor Motor vehicle vehicle or item of motor vehicle equipment for importation into the importation. United States to designate in writing an agent upon whom service of Service of all administrative and judicial processes, notices, orders, decisions process; desand requirements may be made for and on behalf of said manufacturer, 1gnati
agent. :and to file such designation with the Secretary, which designation may & from time to time be changed by like writing; similarly filed. Service of all administrative and judicial processes, notices, orders, decisions and requirements may be made upon said manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon said manufacturer, and in default of such designation of such agent, service of process, notice, order, requirement or decision in any proceeding before the Secretary or in any judicial proceeding for enforcement of this title or any standards prescribed pursuant to this title may be made by posting such process, notice, order, requirement or decision in the Office of the Secretary.
Conference Report House Report 1919, Page 19
INJUNCTIONS Seciion 110(21) of ihe House amendment gives ihe U.S. district couris jurisdicción io enjoin violations of this ìiile and requires a reasonable opporiinity be given any person io comply before ihe Secreiary seeks an injunction.
Seccion 110(a) of the proposed conference substitute is the same as The House provision except ihat ihe U.S. district courts are also given ihe alihority granted them in seciion 111(11) of the Senate bill io restrain ihe sale, offer for sale or introduction or delivery for introduction into iniersinie commerce, or imporiation into the United Stries of any vehicle or item of equipmeni which it is determined prior in ihe first purchase in yood faich for purposes oiher than resale does noi conform in Federal safety standards.
The House managers believe ihe addition of ihis language from the Senaie bill will positively insure thai un injunction can be obtained to resirain the sale, offer for sale, delivery into commerce or importation of a substandard vehicle or jiem of equipment in those cases where there is otherwise a defense in ihese acts so that no civil penalty can be imposed.
House Passed Act
"gr. 110. (1) The United Status district "(b) In any procoding for catminal concourts wall bave jurisdiction, for dawno tempt for volation of an injunction or to shown and subjoct to the providons a rule straining order leuad under this motion, 66 (a) and (b) of the Inderal Rula of Civil walch Volation also constitutu a volation Procedure, to restrain violations of this title of this title, trial shall be by the court or, upon petition by the appropriato Daltad upon demand of the nounod, by u jury. Statos attornoy or the Attornoy General on Buch total shall be conduoted in accordance babalt of the United States. Whonova prac. with the practice and proonduro applicable Hicable, the Socotary eball dve notice to any in the aude procesetning muboot to the pro person against whom an action for Injunctive Madons a rule of the non ha a roller is contemplated and adord bim an op Criminal Iroondun portunity to present his vom, and, except "(C) In all criminal or injunction procood. in the case of a knowing and wutul volo in to the enforcement or to restrain violaHoa, aball adord bim masonablo opportunity
Hons of this title, subponas for witnesses who to achieve compliance. Tbo fallure to avo
aro roquired to attend a court of the United ruch notion and acord such opportunity wall
States in any district may run into any other
states in any district mar min not proclude the manting of appropriato ra district in any such proceeding. vo.
Contains nothing helpful.
House Committee Report House Report 1776, Page 25
Section 110 of the reported bill provides that the U.S. district courts shall have jurisdiction, for cause shown and subject to the applicable Federal Rules of Civil Procedure, to restrain violations of this title upon petition by an appropriate U.S. attorney or the Attorney General of the United States. The Secretary is directed to give notice to any person against whom an action for an injunction is contemplated, whenever practicable, and afford him an opportunity to present his views. Except in the case of a knowing and willful violation, such person shall also be afforded a reasonable opportunity to achieve compliance. Failure on the part of the Secretary to give notice and afford such an opportunity for compliance shall not preclude the granting of appropriate relief. In any proceeding for criminal contempt for violation of an injunction or restraining order, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by jury, and rule 42(b) of the Federal Rules of Criminal Procedure shall be applicable.
In all criminal or injunction proceedings for enforcement or to restrain violations of this title, subpenas for witnesses requiring attendance in a court of the United States in any district may run into any other district.
This section sets the guidelines for injunctive relief to restrain any violations of this title. This relief may be initiated by a U.S. attorney or the Attorney General of the United States. The Secretary is directed to give notice to any person against whom injunctive relief is contemplated and to receive his views, and except in the case of a knowing and willful violation, the Secretary is required to afford an opportunity for compliance. However, these requirements obtain only when practicable and failure to give notice and afford an opportunity for compliance does not preclude the granting of appropriate relief. In any proceeding for criminal contempt for violation of an injunction under this section, a defendant may elect trial by the court or trial by a jury. A subpena issued in one district court may be transferrable to any other district court in the same proceeding. This section, together with the civil penalties provided in section 109, should constitute sufficient enforcement authority to assure full adherence to Federal safety standards. The committee did not feel it necessary to provide authority to seize vehicles and equipment, and therefore deleted this provision which was contained in the introduced bill.
Senate Passed Act
Injunction SEC. 111. (a) The United States district wherein any act or transaction constituting courts shall have jurisdiction, for cause the violation occurred, or in the district shown and subject to the provisions of rulo wherein the defendant is found or is an 65 (a) and (b) of the Federal Rules of Civil inhabitant or transacts business, and proc. Procedure, to rostrain violations of this title, ess 10 such cases may be served in any other or to restrain the salo, ofter for sale, or the district of which the ddondant is an inintroduction or dellvary for Introduction, in habitant or wherever the defendant may be Interstate commerce, or the importation into found. tibo United States, d any motor vehiclo or (b) In any action brought under section itom of motor vehiclo aquipment which is 110(a) or section 111(a), subpoenas for wit. determined, prior to the irst purchase of nesses who are required to attend a United such vehicle in good faith for purposes other States district court may run into any other tban resalo, not to conform to applicablo district. Federal motor vobicle safety standards pre. (c) It shall be the duty of every manuscribed pursuant to this titlo, upon petition facturer offering a motor vehicle or item by tho Attorney General on behalf of the of motor vehicle equipment for importation United States. Whenever practicablo, tho into the United States to designate in writ
retary shall give notice to the contem. ing an agent upon whom service of all ad. platod defendant and afford him an oppor ministrative and judicial processes, notices, tunity to present his views, and, except in orders, decisions and requirements may be tho case of a knowing and williw violation made for and on behalf of said importer, and shall alord him opportunity to achievo com to alle such designation with the Secretary, plance. The fallure to give such notico and wbich designation may from time to time be acord such opportunity shall not preclude changed by like writing, similarly dled. tho granting of appropriate rollof.
Service of all administrative and judicial (b) In any proceeding for criminal con processes, notices, orders, decisions and retompt for violation of an order, injunction, quirements may be made upon said importer or restraining order issued under this sec- by service upon such designated agent at his tion, which violation also constitutes & vio- office or usual place of residence with Uke lation of this title, trial shall be by the court effect as I made personally upon said imor, upon demand of tho accused, by & Jury. porter, and in default of such designation Such trin shall be conducted in accordance of such agent, service of process, notice, orwith the practice and proceduro applicable der, requirement or decision in any proceed. in the case of proceedings subjoct to the ing before the Secretary or in any judicial provisions of rulo 12(b) of the Federal Rule proceeding for enforcement of this title or of Criminal Procedure.
any standards prescribed pursuant to this
title may be made by posting such process, Jurisdiction and venue
notice, order, requirement or decision in the Src. 112. (a) Actions undor sections 110(a) Omce of the Secretary. and 111(a) may be brought in the district
There is also a provision which provides for an injunction procedure, so that the Attorney General can go into court to obtain an injunction against a manufacturer for failure to comply with the standards. Of course, if that injunction were violated, the court could hold the persons or the corporation in contempt
and could establish a criminal penalty, a civil penalty, or both. But there were three penalties in the bill. There was much argument in the committee and I guess there will be on the floor, because I understand that an amendment will be offered to restore the criminal penalty section. It is true that we have had few
Federal laws which imposed both a civil Hazardous Substances Labeling Act, the penalty and a criminal penalty as well. Truth in Fabric Act, the Drug Amend· The question was raised: Why was it ments of 1962, steam boilers on vessels, put in the bill? Because we are dealing interference with navigation, and the with human lives. We are dealing with brake fluid and seatbelt acts. Thus, the possibility that someone might will there is precedent for criminal penalties. fully, knowingly, and deliberately vio- But the committee, after long deliberalate the act and should therefore, be tion on this matter, voted to retain the subject to criminal penalty. In the past, civil penalty, and take out the criminal numerous laws have been passed by Con- penalty for willful and knowing violagress which have dealt with safety and tions, leaving in the injunction, which in standard settings. Most of these laws itself can result in a criminal penalty. I have provided & criminal penalty for do not believe that any of us are relucknowing and willful violations. Many tant about expressing our views on it. of these laws came out of the Committee I hope the criminal penalty will be put on Commerce. I am the author of some back in. I shall vote to restore it. Other of them. We provided & criminal pen- members of the committee will doubtless alty in the safety field just 2 or 3 years have good reasons to vote not to do so ago when we passed the bill on the when the amendment is presented.
Mr. LAUSCHE. Am I correct in un- Mr. HARTKE. I do not. I a man derstanding that the bill also provides adulterates brake duid, say, puts water that any person who has been offended in it-half water and half iud does by the acts of a manufacturer has a re- this knowingly and willfully and puts it lief through a court of equity in the ob- in a car, the net result of which would taining of injunctive relief against the
make the brake duid ineffective in an auviolator?
tomobile going down the highway, does Mr. HARTKE. The Senator is cor
the Senator mean to say that this is not rect.
& culpable act and that such a man
should not be subject to a criminal penthe Senator from Indiana (Mr. HARTKE), alty? That would be ridiculous. in addition to these two reliefs, would Mr. LAUSCHE. The Senators who provide a third relief, making it a crimi
have just spoken destroy their own obnal offense to willfully and knowingly
jective when they state they do not aviolate the act.
pect that there will be any violations. I Mr. HARTKE. That is correct.
believe that the two remedies provided Mr. LAUSCHE. Does the Senator for are adequate. from Indiana feel that the two remedies here provided will be adequate?
Senate Committee Report Senate Report 1301, Page 11
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).