1 for the circuit wherein such person resides or has his prin2 cipal place of business, for a judicial review of such order. A 3 copy of the petition shall be forthwith transmitted by the 4 clerk of the court to the Secretary or other officer designated 5 by him for that purpose. The Secretary thereupon shall file 6 in the court the record of the proceedings on which the Sec7 retary based his order, as provided in section 2112 of title 8 28 of the United States Code. 9 (2) If the petitioner applies to the court for leave to 10 adduce additional evidence, and shows to the satisfaction of 11 the court that such additional evidence is material and that 12 there were reasonable grounds for the failure to adduce such 13 evidence in the proceeding before the Secretary, the court 14 may order such additional evidence (and evidence in re15 buttal thereof) to be taken before the Secretary, and to be 16 adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make 17 18 19 20 21 22 23 24 25 new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence. (3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction 1 to affirm the order, or to set it aside in whole or in part, 2 temporarily or permanently. The findings of the Secretary 3 as to the facts, if supported by substantial evidence, shall be 4 conclusive. 5 10 (4) The judgment of the court affirming or setting 6 aside, in whole or in part, any such order of the Secretary 7 shall be final, subject to review by the Supreme Court of 8 the United States upon certiorari or certification as pro9 vided in section 1254 of title 28 of the United States Code. (5) Any action instituted under this subsection shall 11 survive notwithstanding any change in the person occupying 12 the office of Secretary or any vacancy in such office. 13 (6) The remedies provided for in this subsection shall 14 be in addition to and not in substitution for any other 15 remedies provided by law. 16 (b) A certified copy of the transcript of the record 17 and proceedings under this section shall be furnished by 18 the Secretary to any interested party at his request, and 19 payment of the costs thereof, and shall be admissible in any 20 criminal, libel for condemnation, exclusion of imports, or 21 other proceeding arising under or in respect to this title, 22 irrespective of whether proceedings with respect to the 23 order have previously been instituted or become final under 24 subsection (a). 1 RESEARCH, TESTING, AND DEVELOPMENT 2 SEC. 104. The Secretary, in cooperation with other de 3 partments and agencies as provided in section 113, is author4 ized to undertake appropriate research, testing, and develop5 ment for motor vehicle safety and motor vehicle safety 6 standards to accomplish the purposes of this title and, in 7 exercising this authority, may perform the following functions: 8 (a) gathering or collecting existing data from any source for the purpose of determining the relationship between motor vehicle or motor vehicle equipment performance characteristics and (1) accidents involving motor vehicles, and (2) the occurrence of death, personal injury or property damage resulting from such accidents; (b) contracting for the fabrication of or directly purchasing, notwithstanding any other provision of law, motor vehicles or motor vehicle equipment for research and testing purposes, and the testing of motor vehicles and motor vehicle equipment to accomplish the purposes of this title, even though such tests may damage or destroy the vehicles or equipment being tested; (c) selling or otherwise disposing of motor vehicles or motor vehicle equipment tested pursuant to subsection (b), notwithstanding any other provision of law, 1 2 3 4 and reimbursing the proceeds of such sale or disposal into the appropriation or fund current and available for the purpose of carrying out this title: Provided, That motor vehicles and motor vehicle equipment which have 5 been rendered irreparably unsafe for use on the high ways, by testing pursuant to subsection (b), shall be sold or disposed of in a manner insuring that they shall not be used on the highways or on vehicles for use on the highways: (d) performing or having performed all research, development and information gathering and disseminating activities necessary and appropriate for motor vehicle safety and motor vehicle safety standards, and purchasing or acquiring equipment and facilities related thereto, or fabricating needed motor vehicle equipment to accom plish the purposes of this title, including— (1) relating motor vehicle and motor vehicle equipment performance characteristics to motor vehicle safety; (2) determining the effects of wear and use of motor vehicles and motor vehicle equipment upon motor vehicle safety; (3) evaluating and developing methods and equipment for testing, inspecting and determining II.R. 13228-2 13 safety of motor vehicles and motor vehicle equip ment; (4) evaluating and developing methods and equipment for determining adequacy of motor ve hicle safety standards, and compliance of motor vehicles with motor vehicle safety standards; and (5) developing appropriate motor vehicle safety standards. (e) awarding grants to State or interstate agen cies and nonprofit institutions for performance of activi ties authorized in this section. COOPERATION SEC. 105. In addition to such advisory authority as the 14 Secretary otherwise may exercise, he is authorized to advise, 15 assist, cooperate with, or enter into cooperative agreements 16 with and receive and expend funds made available there17 under by Federal agencies, State or other public agencies, 18 businesses, universities or other institutions in the planning 19 or development of: 20 21 22 2 2 2 2 2 2 23 24 (a) motor vehicle safety standards; (b) method for inspecting or testing under motor vehicle safety standards; (c) motor vehicle and motor vehicle equipment test methods and test equipment. |