As Enacted SEC. 112. (a) The Secretary is authorized to conduct such inspection and investigation as may be necessary to enforce Federal vehicle safety standards established under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards, for appropriate action. (b) For purposes of enforcement of this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, or establishment. Each such inspection shall be commenced and completed with reasonable promptness. (c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employce 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) Every manufacturer of motor vehicles and motor vehicle equipment shall provide to the Secretary such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this Act. The Secretary is authorized to require the manufacturer to give such notification of such performance and technical data at the time of original purchase to the first person who purchases a motor vehicle or item of equipment for purposes other than resale, as he determines necessary to carry out the purposes of this Act. (e) 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 officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. Inspection. 8 Recordkeeping requirements. 62 Stat. 791. Conference Report Senate Report 1919, Page 20 INSPECTION AND INVESTIGATION Section 114(a) of the Senate bill authorizes the Secretary to conduct such testing, inspection, and investigation as he deems necessary to aid in the enforcement of Federal safety standards. Section 112(a) of the House amendment authorizes the Secretary to conduct such inspection as may be necessary to carry out the Federal safety standards. Section 112(a) of the proposed conference substitute is the same as the House bill except that the Secretary is also given authority to conduct such investigations as may be necessary to enforce Federal safety standards. PERFORMANCE DATA Section 112(d) of the House amendment and section 112(d) of the proposed conference substitute are identical. It is understood that in the administration of this provision the Secretary is required to treat as confidential performance and technical data which include trade secrets which he obtains unless and until notification of such data is required in the interests of safety as provided in this subsection. House Passed Act Congressional Record-House "SEC. 112. (a) The Secretary, is authorized to conduct such inspection as may be necessary to enforce Federal vehicle safety standards established under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards, for appropriate action. "(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employee 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. "(b) For purposes of enforcement of this title, omcers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce "(d) Every manufacturer of motor veor are held for sale after such introduction; hicles and motor vehicle equipment shall and (2) to inspect, at reasonable times and provide to the Secretary such performance within reasonable limits and in a reasonable data and other technical data related to permanner, such factory, warehouse, or estab- formance and safety as may be required to lishment. Each such inspection shall be carry out the purposes of this Act. The commenced and completed with reasonable Secretary is authorized to require the manupromptness. facturer to give such notification of such "(b) For purposes of enforcement of this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, or establishment. Each such inspection shall be commenced and completed with reasonable promptness. "(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employee 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." On page 47, line 7, strike out "(c)" and insert "(d)" On page 47, line 17, strike out "(d)" and insert "(e)" On page 47, line 19, after "(b)" insert "or (c)" Mr. SPRINGER. Mr. Chairman, is the chairman of the committee going to make an explanation of these amendments? Mr. STAGGERS. Mr. Chairman, I intended to say that this language is contained in the bill which passed the other body. We believe perhaps it will strengthen the bill to some degree. For that reason we have asked for it to be inserted. Mr. SPRINGER. Mr. Chairman, it is my understanding-and I think I have read it before, but I want to be sure that this is what we are talking about-this is the Senate language completely and no more. Is that correct? Mr. STAGGERS. Identical. Mr. SPRINGER. We have no objection to it. The CHAIRMAN. The question is on the committee amendments. The committee amendments were agreed to. The CHAIRMAN. The Clerk will read the next committee amendment. The Clerk read as follows: Amendments offered by Mr. STAGGERS: On page 56, line 23, after "shall" insert a comma and the following: "through standards established under title I of this Act,”. On page 56, line 1, strike out "Such" and all that follows down through the period on line 2 of page 57 and insert in lieu thereof: "Such order shall specify the date such sys tem is to take effect which shall not be sooner than 180 days or later than 1 year from the date such order is issued." The amendments were agreed to. House Committee Report House Report 1776, Pages 26 and 27 INSPECTION AND RECORDKEEPING REQUIREMENTS Section 112(a) of the reported bill authorizes the Secretary to conduct any inspections which are necessary to enforce safety standards. Further, he is authorized to furnish the Attorney General and, when appropriate, the Secretary of the Treasury, with any information indicating noncompliance with such standards, for appropriate action. Section 112(b) of the reported bill requires every manufacturer of vehicles and every manufacturer of equipment to establish and maintain for a reasonable period of time such records as may reasonably be necessary to enable the Secretary to determine whether such 27 manufacturer has complied or is complying with this title and the safety standards prescribed thereunder. Such manufacturer is required, upon the request of an officer or employee designated by the Secretary, to make appropriate reports and permit inspection of appropriate books, papers, records, and documents, but only to the extent that such reports, books, papers, records, and documents relate to design, engineering, quality control, and shipping and receiving data relevant to determining whether the standards are complied with in the production of vehicles or equipment which have been or are being produced for sale. Section 112(c) of the reported bill requires every manufacturer of vehicles and every manufacturer of equipment to provide the Secretary with such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this act. The Secretary is authorized to require the manufacturer to give such performance data and technical data to the first person who purchases such vehicle or equipment for purposes other than for resale, as the Secretary determines necessary to carry out this act. Section 112(d) of the reported bill provides that any information obtained by the Secretary or his representative pursuant to subsection (b) of this section which contains or relates to a trade secret or other matter referred to in 18 U.S.C. 1905 shall be considered as confidential for the purposes of that section, except that such information may be disclosed to other officers and employees concerned with carrying out this title or when relevant to any proceeding under this title. Nothing in this section authorizes the Secretary or any such officer or employee to withhold information from committees of Congress. The committee's intention, in this section, is to afford to the Secretary the necessary authority to inspect records and to require the furnishing of information from manufacturers to assist him in achieving the purposes of the bill. At the same time the bill would afford protection to the manufacturers against unnecessarily onerous "bookkeeping," and further afford protection to those trade secrets of a manufacturer which may become known to the Secretary and others in carrying out this title. Subsection (c) of this section was added by the committee for the purpose of authorizing the Secretary to obtain all necessary performance and related technical data and to require that purchasers of new vehicles be furnished more information on performance and safety than may heretofore have been true. Senate Passed Act Congressional Record-Senate Inspection and testing for compliance; records and reports SEC. 114. (a) The Secretary is authorized to conduct such testing, inspection, and investigation as he deems necessary to aid in the enforcement of Federal vehicle safety standards prescribed and in effect under this title and shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained and test results indicating noncompliance with such standards, for appropriate enforcement or customs action. |