1 whether such manufacturer. has acted or is acting in compli2 ance with this title and motor vehicle safety standards pre3 scribed pursuant to this title and shall, upon request of an 4 officer or employee duly designated by the Secretary, permit. 5 such officer or employee to inspect appropriate books, papers, 6 records, and documents.

7

"(c) Every manufacturer of motor vehicles shall pub

8 lish and furnish to sellers of their new motor vehicles to be 9 furnished to every purchaser a clear and concise summary of 10 all objectively measurable aspects of the performance of the 11 vehicle purchased with respect to safety, including therein 12 such data as the Secretary shall reasonably require by rule or order. Every seller of new motor vehicles shall keep at 14 least one copy of a report on each vehicle make and model

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15

on his business premises in a convenient place and available 16 for the perusal of prospective customers.

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(d) Every manufacturer of motor vehicles or motor 18 vehicle equipment shall furnish to the Secretary a true copy 19 of all notices, bulletins, and other communications from that 20 manufacturer to sellers, distributors. or repair facilities in 21 any State, insofar as such notices, bulletins, and other com22 munications relate to a defect or deficiency, or to the repair. 23 alteration, or replacement of any aspect of the manufacturer's 24 motor vehicles or motor vehicle equipment. Other commu

1 nications' shall include the substance of oral communications

2 reduced to writing."

3 On page 19, line 13. strike out "(c)" and substitute

4 "(e)".

5 On page 19, between lines 21 and 22, insert the fol6 lowing new sections:

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8

“CERTIFICATION

"SEC. 112. (a) Any manufacturer of motor vehicles 9 may certify for labeling or advertising purposes that new 10 motor vehicles of such manufacturer meet or exceed Fed11 eral motor vehicle safety standards for new motor vehicles 12 if such manufacturer submits proof adequate in the judgment 13 of the Secretary that the new motor vehicles of such manu14 facturer meet or exceed the relevant Federal motor vehicle 15 safety standards prescribed pursuant to this Act.

16 "(b) The Secretary shall by regulation prescribe the 17 time and manner of submitting proof required for certifica18 tion under this section.

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"(e) The Secretary may prescribe an appropriate mark or symbol for use by such manufacturers who comply with 21 such standards.

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22

23

"CORRECTIVE CALL-BACK CAMPAIGNS

"SEC. 113. (a) If through testing, research, accident 24 investigation, complaint investigation, or through examina25 tion of reports pursuant to section 111 (d), or otherwise, the

1 Secretary shall determine that a motor vehicle or item of

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3

4

5

6

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8

9

10

motor vehicle equipment

"(1) does not comply with a Federal motor ve

hicle safety standard issued pursuant to section 102; or "(2) is so defectively designed or constructed in an aspect not subject to a Federal motor vehicle safety standard that its continued operation or use constitutes an unreasonable risk of accidents or unreasonable risk

of death, injury, or property damage in the event accidents do occur;

11 then the Secretary shall immediately notify the manufacturer 12 of the motor vehicle or item of motor vehicle equipment of 13 such defect or failure to comply. The notice shall fully ex14 plain the Secretary's findings; it shall include all information 15 upon which the findings are based; it shall be supported by 16 all relevant technical data; and it shall specify functional 17 standards of performance or operation, compliance with 18 which shall be considered to eliminate the unreasonable 19 danger of operation or use.

20

"(b) The manufacturer shall be entitled immediately to 21 present to the Secretary evidence, views or arguments tend22 ing to establish that there is no failure of compliance or that 23 the alleged defect does not constitute an unreasonable risk. "(c) If after such presentation by the manufacturer the

24

25 Secretary determines that the failure of compliance or the

1 alleged defect constitutes an unreasonable risk of accidents, 2 or of death, injury or property damage in the event accidents 3 do occur, the Secretary shall consult with the manufacturer 4 and shall establish reasonable procedures for the prompt re5 call of the maximum feasible number of such motor vehicles

6

or motor vehicle equipment to appropriate facilities for ad7 justinents to satisfy the requisite functional standards.

8 "(d) If the defect is within category (1) of subsection 9 (a) of this section, all costs of the corrective callback and 10 repair shall be borne by the manufacturer. If the defect is 11 within category (2) of subsection (a) of this section, the 12 Secretary shall consider the degree of negligence, if any, 13 involved in the manufacturer's design, testing, or construc14 tion of the motor vehicle or itein of motor vehicle equipment 15 in question, and shall direct a reasonable allocation of the 16 costs of the corrective callback and repair between the 17 owner and the manufacturer and dealer.

18

"(e) If the Secretary, after proceeding pursuant to sub19 section (b) of this section, determines that the failure of 20 compliance or the alleged defect constitutes an unreasonable 21 risk of accidents, or of death, injury, or property damage 22 in the event accidents occur, the Secretary shall issue a pub23 lic statement to that effect. Immediately upon establishing 24 the procedure available to owners and required of manufac25 turers under this section. the Secretary shall issue a public

1 statement regarding such procedure, which shall include a 2 summary of his findings under subsection (a) and all in3 formation pertinent to the callback.

4 "(f) The exclusive method of judicial review of an 5 order, rule, or regulation issued pursuant to this section, 6 shall be a suit against the United States, in the United 7 States Court of Claims, for damages. In order to protect 8 the public from unreasonable risks, no stay or other form 9 of interim relief from any action of the Secretary pursuant to this section shall be granted.

10

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12

"INVESTIGATIONS BY SECRETARY

"SEC. 114. (a) The Secretary shall have power when

13 he believes it necessary in order to determine whether any

14

person has violated or is about to violate any provision of 15 this title to make an investigation and in connection there16 with he may enter such places and inspect such records and 17 accounts and question such persons as he may deem necessary ot enable him to determine the facts relative thereto.

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19

"(b) For the purpose of any investigation provided 20 for in this section, the provisions of sections 49 and 50 of 21 title 15 (relating to the attendance of witnesses and the

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production of books, papers, and documents), are made

applicable to the jurisdiction, powers, and duties of the 24 Secretary or any officers designated by him.