1 motor vehicle equipment in interstate commerce if a Federal 2 motor vehicle safety standard issued in conformance with the 3 provisions of this title is in effect with respect to that motor 4 vehicle or item of motor vehicle equipment; and any such law, 5 regulation, or ordinance purporting to establish such safety 6 standards and providing a penalty or punishment for an act of 7 noncompliance therewith shall be null, void, and of no effect. 8 However, nothing herein shall be construed to prevent a 9 State or local government or the Federal Government from 10 establishing requirements more stringent than a Federal 11 motor vehicle safety standard for the exclusive purpose of its own procurement.

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(c) The Secretary, from time to time, and subject to 14 section 4 of the Administrative Procedure Act, may by or15 der amend or withdraw Federal motor vehicle safety stand16 ards issued under this section. Amendments or withdrawals 17 shall be effective on the date specified by the Secretary in 18 that order, which shall be no sooner than one hundred and 19 eighty days nor later than one year from the date on which 20 the amendment or withdrawal is issued, unless the Secretary 21 finds, publishing his reasons therefor, that an earlier or later 22 date is in the public interest.

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JUDICIAL REVIEW OF ORDERS

SEC. 103. (a) (1) In a case of actual controversy as to

25 the validity of any order under section 102, any person who

1 will be adversely affected by such order when it is effective

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may at any time prior to the forty-fifth day after such order 3 is issued file a petition with the United States court of ap4 peals for the circuit wherein such person resides or has his 5 principal place of business, for a judicial review of such order. 6 A copy of the petition shall be forthwith transmitted by the 7 clerk of the court to the Secretary or other officer designated 8 by him for that purpose. The Secretary thereupon shall 9 file in the court the record of the proceedings on which the 10 Secretary based his order, as provided in section 2112 of 11 title 28 of the United States Code.

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(2) If the petitioner applies to the court for leave to 13 adduce additional evidence, and shows to the satisfaction of 14 the court that such additional evidence is material and that 15 there were reasonable grounds for the failure to adduce such 16 evidence in the proceeding before the Secretary, the court 17 may order such additional evidence (and evidence in rebuttal 18 thereof) to be taken before the Secretary, and to be adduced 19 upon the hearing, in such manner and upon such terms and 20 conditions as to the court may seem proper. The Secretary 21 may modify his findings as to the facts, or make new find22 ings, by reason of the additional evidence so taken, and he 23 shall file such modified or new findings, and his recommenda24 tion, if any, for the modification or setting aside of his 25 original order, with the return of such additional evidence.

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(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have

jurisdiction to affirm the order, or to set it aside in whole or in part, temporarily or permanently. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive.

(4) The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secre

tary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification

as provided in section 1254 of title 28 of the United States Code.

(5) Any action instituted under this subsection shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.

(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.

(b) A certified copy of the transcript of the record 21 and proceedings under this section shall be furnished by 22 the Secretary to any interested party at his request, and 23 payment of the costs thereof, and shall be admissible in criminal, libel for condemnation, exclusion of imports, 25 or other proceeding arising under or in respect to this title,

1 irrespective of whether proceedings with respect to the order 2 have previously been instituted or become final under sub

3 section (a).

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RESEARCH, TESTING, AND DEVELOPMENT

5 SEC. 104. The Secretary, in cooperation with other de6 partments and agencies as provided in section 113, is au7 thorized to undertake appropriate research, testing, and de8 velopment for motor vehicle safety and motor vehicle safety 9 standards to accomplish the purposes of this title and, in 10 exercising this authority, may perform the following 11 functions:

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(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 pur

poses 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 subsec

tion (b), notwithstanding any other provision of law,

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 been rendered irreparably unsafe for use on the highways, 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 pur

chasing or acquiring equipment and facilities related thereto, or fabricating needed motor vehicle equipment to accomplish 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

S. 3005-2