As Enacted-Section 106 SEC. 106. AGENCY RESPONSIBILITY. The National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting after section 123 the following new section: "SEC. 124. (a) Any interested person may file with the Secretary a petition requesting him (1) to commence a proceeding respecting the issuance of an order pursuant to section 103 or to commence a proceeding to determine whether to issue an order pursuant to section 152(b) of this Act. "(b) Such petition shall set forth (1) facts which it is claimed establish that an order is necessary, and (2) a brief description of the substance of the order which it is claimed should be issued by the Secretary. "(c) The Secretary may hold a public hearing or may conduct such investigation or proceeding as he deems appropriate in order to determine whether or not such petition should be granted. (d) Within 120 days after filing of a petition described in subsection (b), the Secretary shall either grant or deny the petition. If the Secretary grants such petition, he shall promptly commence the proceeding requested in the petition. If the Secretary denies such petition he shall publish in the Federal Register his reasons for such denial. "(e) The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law." 15 USC 1410. 15 USC 1410a. Hearing. Publication in Federal 12 Conference Report-Section 106 House Report 93-1452, Page 43 Senate bill AGENCY RESPONSIBILITY No comparable provision. House amendment Section 106 of the House amendment added a new section 124 which allowed any interested person to file with the Secretary a petition requesting him to commence a proceeding to promulgate a Federal motor vehicle safety standard pursuant to Section 103 or to determine whether to issue an order pursuant to the new section 152(d) concerning a defect or failure to comply. The petition would set forth the facts establishing that an order is necessary and a brief description of the substance of the order to be issued by the Secretary. The Secretary could hold a public hearing or conduct an investigation or proceeding to determine whether to grant the petition. The Secretary was required to either grant or deny the petition within 120 days after filing. If granted, the proceeding would commence promptly; if denied, the reasons therefor would be published in the Federal Register. Other remedies provided by law concerning agency responsibility, judicial review of agency action, or failure to act are preserved. Conference substitute The conference substitute adopts the House provisions. House Passed Bill-Section 106 Congressional Record-House SEC. 106. AGENCY RESPONSIBILITY The National Tramc and Motor Vehicle Safety Act of 1966 (as amended by section 103 of this Act) is amended by adding at the end thereof the following new section: "SEC. 124. (a) Any interested person may Alle with the Secretary a petition requesting him (1) to commence a proceeding respecting the issuance of an order pursuant to section 103 or to commence a proceeding to determine whether to issue an order pursuant to section 152(b) of this Act. "(b) Buch petition shall set forth (1) facts which it is claimed establish that an order is necessary, and (2) a brief description of the substance of the order which it is claimed should be issued by the Secretary. "(c) The Secretary may hold a public hearing or may conduct such investigation or proceeding as he deems appropriate in order to determine whether or not such petition should be granted. "(d) Within one hundred and twenty days after Aling of a petition described in subsection (b), the Secretary shall either grant or deny the petition. If the Secretary grants such petition, he shall promptly commence the proceeding requested in the petition. If the Secretary denies such petition he shall publish in the Federal Register his reasons for such denial. "(e) The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law.” House Debate-Section 106 Congressional Record-House Mr. ECKHARDT. Mr. Chairman, at the proper time in the amendment period I intend to offer an amendment which would restore the original language of this bill, as it passed out of the subcommittee, with respect to citizens' suits. I understand that when one talks about citizens, suits, it frequently raises the hackles of many who immediately envision some kind of interference by the public generally with the processes of Government. But, all my amendment will do is put into effect what, it seems to me, is the law anyway; but after the change that took place in the committee, that result may be shaken by the removal of certain paragraphs in the portion having to do with citizens' participation. It has been held in Nader, et al., versus Volpe, that a citizen has standing to go into court, into Federal court. That case had to do with a defect in certain GM 27808 three-quarter ton trucks, something having to do with the safety of that vehicle, in the wheels of the vehicle. The court held that the citizen had standing and required the agency to address itself to the problem. The agency did address it self to the problem and ultimately issued an order against General Motors. General Motors contested this in civil action No. 3298-70, and the courts upheld the order of the Secretary with respect to the unsafe condition and the requirement of warning of injury to individuals. This is no new type of procedure. It exists in the Consumer Protection Safety Act, the Toxic Substances Control Act, which is now in conference, and the Strip Mining Act passed just the other day. Mind you, this provision does not say that the court can go in and second-guess the agency. All it says is that when an individual contends that the agency haa not addressed a matter which the law requires the agency to address, the court may order the agency to look into that point and make a ruling. The agency may decide that the individual is wrong and that no action is needed. But, it seems to me to be most wholesome language in a in and say, "The agency has not acted Federal bill to permit individuals to come for us as Congress has told the agency to act." Then, the result is simply that the agency must do what the statute told it to do; that is, consider the matter. It does not say that the court or the individual can compel the agency to do any thing except consider the matter. Congressional Record-House Mr. STAGGERS. AGENCY RESPONSIBILITY Section 106 of this legislation retains the provisions of the House-passed bill. House Committee Report-Section 106 House Report 93-1191, Pages 13, 38, and 39 (12) Public participation in standard-setting and recall is further encouraged by requiring the agency to respond to public petitions within 120 days requesting the agency to commence such a proceeding pursuant to section 103 or section 152. SECTION 106. AGENCY RESPONSIBILITY 38 This section amends the Act by adding a new section 124 which allows any interested person to file with the Secretary a petition_requesting him to commence a proceeding respecting the issuance of an order pursuant to section 103 (on the promulgation of safety standards) or to determine whether to issue an order pursuant to section 152(b) concerning a defect or failure to comply. The petition must set forth the facts establishing that an order is necessary and a brief description of the substance of the order to be issued by the Secretary. The Secretary may hold a public hearing or conduct an investigation or proceeding to determine whether to grant the petition. The Secretary is required either to grant or deny the petition within 120 days after filing. If granted, the proceeding shall commence promptly; if denied, the reasons there for must be published in the Federal 39 Registered. Other remedies provided by law concerning agency responsibility are preserved. Senate Passed Bill-Section 106 No comparable provision. Senate Debate-Section 106 Contains nothing helpful. Senate Committee Report-Section 106 Contains nothing helpful. Executive Communications-Section 106 Contains nothing helpful. As Introduced-Section 106 No comparable provision. Vol. IV As Enacted-Section 107 SEC. 107. NATIONAL MOTOR VEHICLE SAFETY ADVISORY COUNCIL. (a) PUBLIC MEMBERS.-Section 104 of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting "(1)" after "SEC. 104. (a)", and by adding the following new paragraph at the end of subsection (a): 15 USC 1393. "Representative of the general "(2) For the purposes of this section, the term 'representative of the general public' means an individual who (A) is not in the employ of, public. or holding any official relation to any person who is (i) a manufacturer, dealer, or distributor, or (ii) a supplier of any manufacturer, dealer, or distributor, (B) does not own stock or bonds of substantial value in any person described in subparagraph (A) (i) or (ii), and (C) is not in any other manner directly or indirectly pecuniarily interested in such a person. The Secretary shall publish the names of the members of the Council annually and shall designate which members members. represent the general public. The Chairman of the Council shall be chosen by the Council from among the members representing the general public." Publication of names of (b) Expiration.-Effective October 1, 1977, section 104 of such Act Repeal. (as amended by subsection (a) of this section) is repealed. Conference Report-Section 107 House Report 93-1452, Page 43 15 USC 1393. NATIONAL MOTOR VEHICLE SAFETY ADVISORY COUNCIL Senate bill No comparable provision. House amendment Section 107 of the House amendment revised section 104 of the Act by defining the term "representative of the general public" to include individuals with an economic interest in the automobile industry. It further required the Secretary to publish the names of the members of the Council annually and to designate which members represent the general public. The Chairman of the Council would be chosen by the Council from among the members representing the general public. Conference substitute The conference substitute adopts the House provision with one addition. The Federal Advisory Committee Act provides that the life of any advisory committee not specifically extended shall lapse. The conference substitute extends the life of the National Motor Vehicle Safety Advisory Council until October 1, 1977. On that date the Council will lapse and the duty of the Secretary to consult the Council will be abolished unless Council again extends the life of the Council. 12 13 |