1 United States and in any United States court for the Com 2 monwealth of Puerto Rico or the territories and possessions. 3 (b) Such motor vehicle or item of motor vehicle equip 4 ment shall be liable to seizure by process pursuant to the 5 libel, and the procedure in eases under this section shall shall 6 conform, as nearly as may be, to the procedure in ad7 miralty; except that on demand of either party any issue 8 of fact joined in any such ease shall be tried by jury. 9 When libels for condemnation proceedings under this see10 tion, involving the same claimant, are pending in two or 11 more jurisdictions, such pending proceedings, upon appli12 eation of the United States or the claimant seasonably made to the court of one such jurisdiction, shall be consolidated 14 for trial by order of such court, and tried in (1) any dis15 triet selected by the applicant where one of such proceed16 ings is pending; or (2) a district agreed upon by stipulation 17 between the parties. If no order for consolidation is so 18 made within a reasonable time, the United States or the 19 claimant may apply to the court of one such jurisdiction, 20 and such court (after giving the other party, the claimant, 21 or the United States attorney for such district, reasonable 22 notice and opportunity to be heard) shall by order, unless

22223

good cause to the contrary is shown, specify a district of 24 reasonable proximity to the claimant's principal place of 25 business, in which all such pending proceedings shall be

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consolidated for trial and tried. Such order of consolida

tion shall not apply so as to require the removal of any

ease the date for trial of which has been fixed. The court 4 granting such order shall give prompt notifiention thereof to 5 the other courts having jurisdiction of the case covered 6 thereby.

7

(e) Any motor vehicle or item of motor vehicle equip8 ment condemned under this section shall, after entry of 9 the decree, be disposed of by destruction or sale as the court 10 may, in accordance with the provisions of this section, direct 11 and the proceeds thereof, if sold, less the legal costs and 12 charges, shall be paid into the Treasury of the United 13 States, but such motor vehicle or item of motor vehicle 14 equipment shall not be sold under such decree contrary to 15 the provisions of this Act or the laws of the jurisdiction in 16 which sold: Provided; That, after entry of the decree and 17 upon the payment of the costs of such proceedings and the 18 execution of a good and sufficient bond conditioned that 19 such motor vehicle or item of motor vehicle equipment 20 shall not be sold or disposed of contrary to the provisions. 21 of this Act or the hows of any State or territory in which 22 sold, the court may by order direct that such motor vehicle 23 or item of motor vehicle equipment be delivered to the 21 owner thereof to be destroyed or brought into compliance

S. 2005-3

1 with the provisions of this Aet under the supervision of 2 an officer or employee duly designated by the Secretary, 3 and the expenses of such supervision shall be paid by the 4 person obtaining release of the motor vehicle or item of 5 motor vehicle equipment under bond.

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(d) When a deeree of condemnation is entered against 7 the motor vehicle or item of motor vehicle equipment, court 8 costs and fees, and storage and other proper expenses, shall 9 be awarded against the person, if any, intervening as claimant of the motor vehicle or item of motor vehicle equipment. fe) In the ease of removal for trial of any case as pro

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12 vided by subsection (b) of this section—

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the clerk of the court from which removal is made shall promptly transmit to the court in which the ease is to be tried all records in the ease necessary in

order that such court may exercise jurisdiction;

(2) the court to which such ease is removed shall have the powers and be subject to the duties, for pur

poses of such ease, which the court from which removal

was made would have had, or to which such court would

have been subject, if such case had not been removed.

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INSPECTION AND TESTING FOR COMPLIANCE; RECORDS

AND REPORTS

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SEO. 111. (a) The Secretary is authorized to conduct

4 such testing and inspection as he deems necessary to aid in 5 the enforcement of Federal vehicle safety standards issued 6 and in effect under this title and shall furnish the Attorney 7 General and, when appropriate, the Secretary of the Treas 8 ury any information obtained and test results indicating non9 compliance with such standards, for appropriate enforcement or customs action.

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(b) Every manufacturer of motor vehicles and motor 12 vehicle equipment shall establish and maintain such records, 13 make such reports, and provide such information as the 14 Secretary may reasonably require to enable him to deter 15 mine whether such manufacturer has neted or is acting in 16 compliance with this title and motor vehicle safety standards 17 prescribed pursuant to this title and shall, upon request of 18 an officer or employee duly designated by the Secretary: 19 permit such officer or employee to inspect appropriate books, 20 papers, records and documents.

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fe) All information reported to or otherwise obtained

1 by the Secretary or his representative pursuant to subsection

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(b) which information contains or relates to a trade secret or 3 other matter referred to in section 1905 of title 18 of the 4 United States Code, shall be considered confidential for the 5 purpose of that section, except that such information may be 6 disclosed to other officers or employees concerned with ear7 rying out this Act or when relevant in any proceeding under 8 this Aet.

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BRAKE FLUID AND SEAT BELT STANDARDS

10 SEO. 112. (a) Publie Law 87-637 (Act of September 11 5, 1962, 76 Stat. 437, 15 U.S.C. §§ 1301–1303), and Publie 12 Law 88-201 (Act of December 13, 1963, 77 Stat. 361, 15 13 U.S.G. §§ 1321 1323) are hereby repealed. Any rights or 14 liabilities now existing under Publie Laws 87 637 and 8815 201 shall not be affected by this repeal.

16 (b) Standards issued under the laws repealed in this 17 section shall continue in full effect and may be amended as 18 if they had been effectively issued pursuant to section 102. 19 Such standards shall, after enactment of this Act, be subject 20 to the enforcement and all other provisions of this title.

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AVOIDANCE OF DUPLICATION

SEC. 113. The Secretary, in exercising the authority un

23 der this Act, shall utilize the services, research, and testing

24 facilities of other departments and agencies to the maximum