ployee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title.

(d) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (b) or (c) which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such Information may be disclosed to other omcers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act.

Certification

SEC. 115. Every manufacturer or distributor of motor vehicles or motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such vehicle or equipment of such manufacturer or distributor a certification that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. Such certification may be in the form of a label or tag on such vehicle or item of equipment or on the outside of a container, if any, in which such items of equipment are delivered.

Notification

SEC. 116. (a) Every manufacturer of motor vehicles shall furnish notification of any defect in any motor vehicle or motor vehicle equipment produced by such manufacturer which he determines, in good faith, relates to motor vehicle safety, to the purchaser (where known to the manufacturer) of such motor vehicle or motor vehicle equipment, within a reasonable time after such manufacturer has discovered such defect.

(b) The notification required by subsection (a) shall be accomplished

(1) by certified mail to the first purchaser (not including any dealer of such manufacturer) of the motor vehicle or motor vehicle equipment containing a defect; and

(2) by certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such motor vehicle or equipment was delivered.

(c) The notification required by subsection (a) shall contain a clear description of the defect, an evaluation of the risk to trafAc safety reasonably related to the defect, and a statement of the measures to be taken to repair the defect.

(d) Every manufacturer of motor vehicles shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of motor vehlcles or motor vehicle equipment of such manufacturer regarding any defect in such vehicle or equipment sold or serviced by such dealer. The Secretary shall disclose so much of the information contained in such notice or other information obtained under subsection 114(a) to the public as he deems will assist in carrying out the purposes of this Act. but he shall not disclose any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this Act.

(e) If through testing, inspection, investigation, or research carried out pursuant to this title, or examination of reports pursuant to subsection (d) of this section, or otherwise, the Secretary determines that any motor vehicle or item of motor vehicle equipment

(1) does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to sections 102 and 103; or

(2) contains a defect which relates to motor vehicle safety;

then he shall immediately notify the manufacturer of such motor vehicle or item of motor vehicle equipment of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the andIngs are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance or that the alleged defect does not affect motor vehicle safety. If after such presentation by the manufacturer the Secretary determines that such vehicle or item of equipment does not comply with applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, the Secretary shall direct the manufacturer to furnish the notification specified in subsection (c) of this section to the purchaser of such motor vehicle or item of motor vehicle equipment as provided in subsections (a) and (b) of this section.

Used motor vehicle inspection study SEC. 117. (a) In order to assure a continuing and effective national traffic safety program, it is the policy of the Congress to encourage and strengthen the enforcement of State inspection of used motor vehicles.

(b) The Secretary shall conduct 8 thorough study and investigation to determine the adequacy of motor vehicle safety standards and motor vehicle inspection requirements and procedures applicable to used motor vehicles in each State, and the effect of programs authorized by this Act upon such standards, requirements, and procedures for used motor vehicles, and report to the Congress as soon as practicable not later than one year after the enactment of this Act, the results of such study and recommendations for such additional legialation as he deems necessary to carry out the purposes of this Act.

Access to information

BEC. 118. In addition to information made available to the public under section 3(c) of the Administrative Procedure Act, the Becretary shall make available, to any interested person, the record compiled in the proceedings for establishment of a motor vehicle safety standard, including at least (A) the testimony, documentary evidence, and written submissions of data, views or arguments, and (B) to the extent feasible, any nondocumentary evidence, but the Secretary shall not disclose any information which contains or relates to trade secrets.

Obligation for noncomplying motor vehicles and motor vehicle equipment

SEC. 119. (a) If any motor vehicle or item of motor vehicle equipment is determined not to conform to applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, after the sale of such vehicle or item of equipment by a manufacturer or a distributor to a distributor or a dealer and prior to the sale of such vehicle or item of equipment by such distributor or dealer:

(1) The manufacturer or distributor, as the case may be, shall immediately repurchase such vehicle or item of motor vehicle equipment from such distributor or dealer at a price paid by such distributor or dealer, plus all transportation charges involved and an increment of 2 per centum per month of such price paid prorated from the date of notice of such nonconformance to the date of repurchase by the manufacturer or distributor; or

(2) In the case of motor vehicles, the manufacturer or distributor, as the case may be, at his own expense, shall immediately furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such vehicle and for the

14219 basis at a price commensurate with that to

beaforded through the proposed action; and

(4) a statement by the Secretary of the number of persons expected to be employed at the building or facility and an estimate of its annual operating cost.

(b) The estimated maximum cost of any project approved under this section as set forth in any prospectus may be increased by an amount equal to the percentage increase, if any. as determined by the Secretary in consultation with the Administrator of the General Services Administration, in construction, production, or alteration costs, as the case may be, from the date of transmittal of such prospectus to Congress, but in no event shall the increase authorized by this subsection exceed 10 per centum of such estimated maximum costs.

(c) In the case of any project approved for construction, acquisition, or alteration by the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives, in accordance with subsection (a) of this section, for which an appropriation has not been made within one year after the date of such approval, either the Committee on Commerce of the Senate or the Committee on Interstate and Foreign Commerce of the House of Representatives may rescind, by resolution, its approval of such project at any time thereafter before such an appropriation has been made.

TITLE III-HIGHWAY SAFETY

National driver register

SEC. 301. Title 23. United States Code, is hereby amended by adding at the end thereof a new section:

" 321. National driver register service

"(a) The Secretary shall establish and maintain a register containing the name of each individual reported to him by a State. or political subdivision thereof, as an individual with respect to whom such State or political subdivision has denied. terminated, or temporarily withdrawn (except a withdrawal for less than six months based on habitual violation) an individual's license or privilege to operate a motor vehicle. Such register shall also contain such other information as the Secretary may deem appropriate to carry out the purposes of this section.

"(b) The Secretary shall, at the request of any State, or political subdivision thereof, or at the request of any Federal department or agency, furnish such information as may be contained in the register established under subsection (a) with respect to any individual applicant for a motor vehicle operator's license or permit.

"(c) As used in this section, the term 'State' includes each of the several States, the Commonwealth of Puerto Rico, the District of Columbla, Guam, the Virgin Islands, the Canal Zone and American Samoa."

Technical amendments

SEC. 302. (a) The Act of July 14, 1960 (74 Stat. 526), as amended by the Act of October 4, 1961 (75 Stat. 779), is hereby repealed.

(b) The analysis of chapter 3 of title 23. United States Code, is amended by adding at the end thereof:

"321. National Driver Register Service."

Mr. MAGNUSON. Mr. President, for the information of the Senate, there are two automobile safety bills. One bill, involving automotive safety proper, is offered by the Senate Commerce Committee. The other bill, which was originally title III, is a bill relating to highway traffic matters, and was handled by the Public Works Committee under the distinguished chairmanship of the Senator from West Virginia [Mr. RANDOLPH).

We have had some discussion today as to how we will handle this matter legislatively.

We have now come to the conclusion that we will bring up the Traffic Safety Act, S. 3005, which is now the pending business, proceed to consider it, and immediately following conclusion of action on that bill, the Senator from West Virginia [Mr. RANDOLPH] will move to bring up the bill reported by his committee, S. 3052.

So I will request the Senators who are present to convey this plan of procedure to Senators as they come into the Chamber.

I wish to thank the Senator from West Virginia, because I know he had several commitments of great importance to him in his home State today. We were hoping to bring up his bill as title III, and consider his bill, so that he might take care of these commitments. However, many of the Senators with whom we discussed the matter thought we should first consider the traffic safety bill, S. 3005, which is the bill reported by the Commerce Committee, to see if we can conclude action on that bill. I do not know how many amendments will be offered to the bill, but there will be some, and there will probably be some rollcalls.

If

Then, when we are through with that bill, I hope we can proceed with great dispatch to the bill of the Senator from West Virginia [Mr. RANDOLPH), S. 3052, and perhaps finish with it today. not, there is an informal agreement with the leadership that we will at least try to finish action on 8. 3005 today, and if we must go over to Monday on the bill of the Senator from West Virginia, we will get as far as we can proceed today and get some votes on that bill.

Mr. RANDOLPH. Mr. President, will the distinguished Senator from Washington yield?

Mr. MAGNUSON. I yield.

Mr. RANDOLPH. The statement just made is one with which I am in complete agreement. I think we must realize that the Presidential program, as embodied in the President's message, brought to our attention the need for a coordinated national highway program. That is what we have been faced with in the Senate in the consideration of the overall problem. Not that there was any conflict between committees, but the problem of jurisdiction necessarily brought the matter of titles 1 and 2 to the Committee on Commerce, which the Senator from Washington so ably serves as chairman; but title 3 falls within the jurisdiction of the Committee on Public Works.

It is my hope, Mr. President, that the matters which fall within the jurisdiction of the Committee on Commerce can be disposed of in relatively few hoursperhaps 2 or 3 hours. We want adequate debate. Certainly we want the presentation of differing viewpoints. But I believe perhaps that can be accomplished.

I hope that we can finish both of these proposals today. I have informally talked with the distinguished Senator from Connecticut [Mr. RIBICOFF), and he has indicated that perhaps his amend

ments three or possibly two in number-might, from his standpoint of debate, require no more than 30 minutes. So I believe the possibility exists, and I hope that it will become a probability and an actuality, and that both matters can be dealt with today.

Will the Senator yield further for me to make a parliamentary inquiry? Mr. MAGNUSON. Yes.

The

The PRESIDING OFFICER. Senator will state his parliamentary inquiry.

Mr. RANDOLPH. I should like to ask just what will be the procedure as we consider titles I and II, and then consider title III.

The PRESIDING OFFICER. The Chair advises the Senator from West Virginia that the language the Senate is considering at present is the committee amendment in the nature of a substitute to the bill, S. 3005. That is to be treated as original text for the purpose of further amendments. If and when the committee amendment is agreed to, no further amendment would be in order unless it is agreed to by unanimous consent with the understanding that it be treated as original text for the purpose of further amendment.

Mr. President,

Mr. MAGNUSON. then I ask unanimous consent that the committee amendment in the nature of a substitute to S. 3005, when agreed to, be considered as original text for the purpose of further amendment.

Mr. KUCHEL Mr. President, reserving the right to object-and I very much doubt that anyone would object to any Senator offering such amendments as he wishes it seems to me that it might be in the interest of orderly procedure to finish with the legislation now pending, and then to proceed to consider the bill which has come from the Committee on Public Works S. 3052-as a separate piece of legislation.

Having said that, I shall not quarrel with the right of the Senator to offer such amendments as he wishes, including an attempt to tack on another piece of legislation. I merely wish to say that in my opinion, I say most respectfully, it seems to me that the better procedure would be as my able friend, the Senator from Washington, indicated earlier this morning that we would proceed.

Having made that statement, I have no objection to the request.

Mr. RANDOLPH. Mr. President, will the Senator from Washington yield? Mr. MAGNUSON. I yield. Mr.

on

RANDOLPH. Commenting the explanation of the situation as he sees it by the distinguished Senator from California, let us have the unanimousconsent agreement, and then if later, during the afternoon, we feel that it is better to proceed with the separation of the bills, we can do that.

I wish to say that we are not in any wise tacking on a bill, as it were, and I do not wish to be understood as tacking on something, because we have three prongs, as it were, of the subject matter, and we have felt that in the interest of the package, so to speak, of the coordinated national highway safety program, the two bills could in a very real sense

brought together, as was proposed in the administration's recommendations to Congress.

So it would be my thought that the request of the Senator from Washington should be agreed to; but if later in the day it is felt, after consultation, that the argument of the Senator from California is valid, I certainly would not object. Mr. KUCHEL. Mr. President, will the

Senator yield?

Mr. RANDOLPH. I yield.

Mr. KUCHEL. So that there may be no misunderstanding, I have no objection to the unanimous-consent request, and I apprehend that even without a unanimous-consent agreement for relevancy, the bill on the calendar which the distinguished Senator from West Virginia has brought from his committeeS. 3052-would be relevant to the bill that is pending. It was merely my thought that orderly procedure might impel my fellow Senators to treat the two bills separately.

Mr. RANDOLPH. Yes, we could submit S. 3052, I presume, as an amendment. Mr. RIBICOFF. Mr. President, 8 parliamentary inquiry.

The PRESIDING OFFICER. The Senator from Connecticut will state it.

Mr. RIBICOFF. If the unanimousconsent agreement is agreed to and S. 3052 is then adopted as an amendment to S. 3005, how is S. 3052 to be amended? I have amendments to S. 3052 pending at the desk. I have no amendments to S. 3005, and I certainly do not wish to be in a position of being foreclosed from offering my amendments to S. 3052.

The PRESIDING OFFICER. The Senator would not be precluded from offering his amendments, if the pending unanimous-consent request by the Senator from Washington [Mr. MAGNUSON] were agreed to.

The pending question is on agreeing to the committee amendment in the nature of a substitute for S. 3005, and that the bill as amended to be treated as original text for the purpose of further amendment.

Mr. COTTON. Mr. President, reserving the right to object and I certainly would not wish to throw any roadblocks in the way of my distinguished committee chairman-it is not quite clear in my mind how this is going to work out.

I think the Senate should bear in mind that even though these two billsand they are two bills as of the present time even though they are related to the same subject, and the bill from the Committee on Public Works S. 3052could fit in and become a title of the main bill S. 3005-nevertheless a good deal of confusion and perhaps delay can result if they are not treated as separate bills, which they now are.

In the first place, as I understand it. there are two very plain and simple amendments to be offered to the bill from the Committee on Commerce-S. 3005which is the automotive safety bill. No one can foresee how long the debate will take, but I would not think it would be too long, because they are perfectly clean-cut issues.

If they are disposed of, then the Senate would be in a position to dispose of

the automotive safety bill. If we do not dispose of the matter, and the distinguished Senator from West Virginia [Mr. RANDOLPH❘ offers his bill as an amendment to the automotive safety bill the distinguished Senator from Connecticut has amendments which he wants to offer.

Senators are human, as is everyone else, and we have been here for a good many years. We know that some Senator can have a brilliant afterthought at any time. There is no place in the world in which there are so many brilliant afterthoughts as there are here. A Senator could then offer an amendment to the automotive safety bill and we would have to begin all over again.

It seems to me that, in the interest of clarity and expedition, the safest and best procedure would be to dispose of the automotive safety bill and get it to third reading so that no one can come in and resurrect a question concerning that legislation. We can then proceed with the bill from the Committee on Public Works.

stance offer an amendment to the automotive safety bill at any time, and we might spend much more time on the matter as a result.

Mr. MANSFIELD. I felt that I was honorbound to make this attempt, because we must not lose sight of the fact that the distinguished Senator from Wisconsin is not in the Chamber because he has been directed and ordered by the Senate to undertake an official mission.

Mr. MAGNUSON. Mr. President, if we were to try to accommodate every Senator who cannot be present, we would not get much work done at all. Someone always has something which he must do.

The Senator from West Virginia had some very important engagements. We announced yesterday that we were going to handle this legislation. Everyone is familiar with the procedures of the Senate.

Mr. RANDOLPH. I believe it was announced as early as last Tuesday.

Mr. MAGNUSON. The Senator is correct. It was stated as early as last Tues

Mr. MANSFIELD. Do I correctly understand the distinguished senior Senator from New Hampshire to say that it would be his wish that the traffic safety bill be considered first, to be followed by the highway safety bill, or, in other words, that the two bills be considered separately?

Mr. COTTON. The Senator is correct. Mr. MAGNUSON. One would follow the other.

Mr. MANSFIELD. I raise the question because I have received some calls from the distinguished Senator from Wisconsin [Mr. NELSON), who is vitally interested in some amendments which he would like to offer to the auto safety bill. He expressed the hope that the final vote might be put over until Monday. However, as I understand it, under the agreement which has been reached between the chairman and the other Senators, it is the present intention of the Senate to take up the bills in sequence today and dispose of them in that fashion if at all possible. Mr. COTTON. That was our hope. Perhaps the distinguished majority leader was not present when the Senator from New Hampshire stated that we have two related subjects here, but two separate bills.

Certainly we would all extend every possible courtesy and consideration to the distinguished Senator from Wisconsin. However, if we take up the business now before the Senate and consider the amendment and get the bill to a third reading, we can then take up the bill which comes from the Committee on Public Works.

If we leave the matter hanging in the air, as I said before, there is no place in the world where there are more afterthoughts than there are in the Senate. Any Senator could, under such circum

lation.

OFFICER.

The

The PRESIDING Senator will state it. Mr. MAGNUSON. Mr. President, what is the pending business?

The PRESIDING OFFICER. S. 3005 is before the Senate.

The committee substitute is open to amendment.

Mr. COTTON. Mr. President, the distinguished Senator from Pennsylvania Mr. SCOTT), a minority member of the committee, is on his way to the Chamber. He has an amendment to offer.

I ask unanimous consent, having had the consent of the Senator from Pennsylvania, to offer the amendment on his behalf and join with him in offering it. The PRESIDING OFFICER. Without objection, it is so ordered.

The amendinent will be stated. The legislative cle kead as follows: On page 42, beginning with line 20. strike out all down through line 5 on page 43.

Mr. MAGNUSON. shall be very brief.

Mr. President, I

There is no subject which has been more discussed in and out of the Senate, for the past few months than auto safety.

The committee itself held rather The lengthy hearings on the matter. House, simultaneously with the Senate, is proceeding with the matter and has been for some weeks. After many executive sessions, after going over the bill line by line, paragraph by paragraph, and section by section-because it is a complex and difficult subject to legislate bill upon-the committee reported a unanimously.

Several amendments were submitted in the committee. Some were worked out to the satisfaction of the members who