As Enacted SEC. 117. (a) The Act entitled "An Act to provide that hydraulic brake fluid sold or shipped in commerce for use in motor vehicles shall meet certain specifications prescribed by the Secretary of Commerce", approved September 5, 1962 (76 Stat. 437; Public Law 87-637), and the Act entitled "An Act to provide that seat belts sold or shipped in interstate commerce for use in motor vehicles shall meet certain safety standards", approved December 13, 1963 (77 Stat. 361; Public Law 88-201), are hereby repealed. (b) Whoever, prior to the date of enactment of this section, knowingly and willfully violates any provision of law repealed by subsection (a) of this section, shall be punished in accordance with the provisions of such laws as in effect on the date such violation occurred. (c) All standards issued under authority of the laws repealed by subsection (a) of this section which are in effect at the time this section takes effect, shall continue in effect as if they had been effectively issued under section 103 until amended or revoked by the Secretary, or a court of competent jurisdiction by operation of law. (d) Any proceeding relating to any provision of law repealed by subsection (a) of this section which is pending at the time this section takes effect shall be continued by the Secretary as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect as if they had been effectively issued under section 103 until amended or revoked by the Secretary in accordance with this title, or by operation of law. (e) The repeals made by subsection (a) of this section shall not affect any suit, action, or other proceeding lawfully commenced prior to the date this section takes effect, and all such suits, actions, and proceedings, shall be continued, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this section had not been enacted. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States in relation to the discharge of official duties under any provision of law repealed by subsection (a) of this section shall abate by reason of such repeal, but the court, upon motion or supplemental petition filed at any time within 12 months after the date of enactment of this section showing the necessity for the survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained. House Committee Report House Report 1776, Pages 29 and 30 REPEALS Section 117 repeals the act of September 5, 1962 (Public Law 87-637) and the act of December 13, 1963 (Public Law 88-201). The former statute relates to standards for hydraulic brake fluid and the latter relates to standards for seat belts in motor vehicles. By operation of subsection (c) of this section all of the existing standards which have been issued under authority of these laws are 30 continued in effect as if they had been effectively issued under section 103 until amended or revoked by the Secretary or a court. The remaining portions of this section are designed to insure that existing administrative proceedings and suits and actions and other judicial proceedings will be continued without change despite the repeal of these provisions, and that prior violations will be punishable in accordance with the laws being repealed. Since under this bill the Secretary has authority to set standards on the manufacture of all motor vehicles and motor vehicle equipment his authority includes full power to establish standards for brake fluids and seat belts. Therefore the continuation of these two specific statutes becomes unnecessary. However, in order that there be no break in continuity of responsibility in these areas, present standards and any legal responsibilities related thereto are continued in being until amended or repealed by the Secretary or a court. Motor vehicles of carriers subject to safety regulations under part II of the Interstate Commerce Act are exempt from the existing law on seat belt standards. Under this bill such vehicles would be subject to safety standards established by the Secretary. For example, in the case of buses, the Secretary would have full authority to require that they be equipped with seat belts at the time of manufacture, and it is expected that careful and prompt consideration will be given to this question. In this connection the Secretary will have the benefit of the recent study of the Interstate Commerce Commission on this subject. Senate Passed Act Congressional Record-Senate Brake fluid and seat belt standards SEC. 120. (a) Public Law 87-637 (Act of September 5, 1962, 76 Stat. 437, 15 U.S.C. 1301-1303), and Public Law 88-201 (Act of December 13, 1963, 77 Stat. 361, 15 U.S.C. 1321-1323) are hereby repealed. (b) Whoever, prior to the date of enactment of this section, knowingly and willfully violates any provision of law repealed by subsection (a) of this section, shall be punished in accordance with the provisions of such laws as in effect on the date such violation occurred. (c) Standards issued pursuant to any law repealed by subsection (a) of this section shall continue in full effect and may be amended as if they had been effectively issued pursuant to this title. Such standards shall, after enactment of this Act, be subject to the enforcement and all other provisions of this title. (d) All orders, rules, regulations, or privileges made, issued, or granted by any officer or agency in connection with any law repealed by subsection (a) of this section, and in effect at the time of such repeal, shall continue in effect to the same extent as if this section had not been enacted, until modified, superseded, or repealed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States acting in his official capacity shall abate by reason of any repeal made by this section, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained. Contains nothing helpful. Senate Debate Senate Committee Report Senate Report 1301, Pages 12 and 13 EXISTING FEDERAL LAWS ON VEHICLE STANDARDS The bill repeals the Brake Fluid and Seat Belt Standard Acts (Public Laws 87-637 and 88-201), since these subjects are among those covered by the present bill (sec. 120). The Automobile Pollution Control Act (Public Law 89-272) is not repealed, since air pollution devices on automobiles are considered to relate to public health 13 and safety generally. Executive Communications Contains nothing helpful. As Introduced As H.R. 13228 in the House and S. 3005 in the Senate: 16 17 BRAKE FLUID AND SEAT BELT STANDARDS SEC. 112. (a) Public Law 87-637 (Act of Septem 18 ber 5, 1962, 76 Stat. 437, 15 U.S.C. 1301-1303). and 19 Public Law 88-201 (Act of December 13, 1963, 77 Stat. 20 361, 15 U.S.C. 1321-1323) are hereby repealed. Any 21 rights or liabilities now existing under Public Laws 87-637 22 and 88-201 shall not be affected by this repeal. 23 (b) Standards issued under the laws repealed in this 24 section shall continue in full effect and may be amended 25 as if they had been effectively issued pursuant to section 102. 1 Such standards shall, after enactment of this Act, be sub- 20 2 ject to the enforcement and all other provisions of this 3 title. |