Page images
PDF
EPUB

As Enacted

Inspection. 8

Reoordkeeping requi rements.

Soc. 112. (a) The Secretary is authorized to conduct such inspection and investigation as may be necessary to enforco 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 oficer or employce duly designated by the Secretary, permit such officer or employee tu 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 Jata 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.

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 us 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
August 17, 1966, 19672

“Sec. 112. (a) The Secrotary, is authorized "(c) Every manufacturer of motor vehicles to conduct such inspection as may be neces and motor vehicle equipment shall establish sary to enforce Federal vehicle safety stand- and maintain such records, make such reards established under this title. He shall ports, and provide such information as the furnish the Attorney General and, when apo Secretary may reasonably require to enable propriato, the Secretary of the Treasury any him to determine whether such manufacinformation obtained indicating noncom- turer has acted or is acting in compliance pliance with such standards, for appropriate with this title and motor vehicle safety action.

standards prescribed pursuant to this atlo “(b) for purposes of enforcement of this and shall, upon request of an omcer or em. ttle, omcers or employees duly designated ployee duly designated by the Secretary, per by the Secretary, upon presenting appro- mit such oficer or employee to inspect appriato credentials and a writton notice to propriate books, papers, records, and docuthe owner, operator, or agent in charge, anements relevant to determining whethor such authorized (1) to eator, at reasonable times, manufacturer has acted or 18 acting in comany factory, warehouse, or est

pliance with this title and motor vehiclo which motor vehicles or Items of motor ve safety standards prescribed pursuant to this bicle equipment are manufactured, or held title. 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 reagonable limits and in a reasonable data and other technical data related to pormanner, such factory, warehouse, or estab- formance and safety as may be required to Ushment. Each such inspection shall be carry out the purposes of this Act. Tho commenced and completed with reasonable Secretary is authorized to require the manupromptness.

facturer to give such notification of such

performance and technical data at the time of original purchase to the arst person wbo purchases a motor vehicle or item of equipment for purposes other than resale, as he determines necessary to carry out the pur poses of this Act.

"(e) All information reported to or other wise obtained by the Secretary or his representativo pursuant to subsection (b) or (c) which information contains or relates to a trade secret or other matter referred to in

section 1906 of title 18 of the United States Code, shall be considered confidential for the purposo of that section, except that such information may be disclosed to other oncers or employces 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 of any otcar or employee under bis control, from tho duly authorized committees of the Congress.

House Debate Congressional Record-House August 17, 1966, 19645

Mr. HALPERN.

H.R. 13228 is an excellent piece oferal enforcement and investigatory legislation as it now stands. It signifi- measures appearing in the Senate vercantly strengthens the Senate version of sion, such as civil penalties for manuthe traffic safety bill by covering trucks facturers failing to notify owners and and buses currently regulated by the In dealers of safety defects, and provisions terstate Commerce Commission and by for on-site inspection of manufacturer's authorizing the establishment of Federal premises by the Secretary with penalties standards for used vehicles within 2 for any noncompliance discovered duryears after enactment of the bill. I be- ing the inspections. I believe we should lieve, however, that it is unnecessarily carefully consider amending H.R. 13228 weaker than the Senate bill in the area to bring it into conformity with the Sen. of enforcement. It does not include sey- ate bill in these matters.

[blocks in formation]

"(b) For purposes of enforcement of this make an explanation of these amendtitle, oficers or employees duly designated ments? by the Secretary, upon presenting appro- Mr. STAGGERS. Mr. Chairman. I priate credentials and a written notice to the

intended to say that this language is conowner, operator, or agent in charge, are au

tained in the bill which passed the other thorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in

body. We believe perhaps it will which motor vehicles or items of motor vehi. strengthen the bill to some degree. For clo equipment are manufactured, or bald for that reason we have asked for it to be introduction into Interstate commerco or are inserted. held for sale after such introduction; and Mr. SPRINGER. Mr. Chairman, it is (2) to inspect, at reasonable times and

my understanding and I think I have within reasonable Umits and in a reasonable

read it before, but I want to be sure that manner, such factory, warehouse, or estab

this is what we are talking about this lishment. Each such inspection shall be

is the Senate language completely and commenced and completed with reasonable

no more. Is that correct? promptness.

Mr. STAGGERS. Identical. "(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish

Mr. SPRINGER. We have no objecand maintain such records, make such ro tion to it. ports, and provide such information as the The CHAIRMAN. The question is on Secretary may reasonably require to enablo the committee amendments. him to determine whether such manufac The committee amendments were turer has acted or is acting in compliance

agreed to. with this title and motor vehicle safety

The CHAIRMAN. The Clerk wil standards prescribed pursuant to this title and shall, upon request of an oficer or em

read the next committee amendment. ployee duly designated by the Secretary, per

The Clerk read as follows: mit such oficer or employee to inspect appro Amendments offered by Mr. STAGGERS: On priate books, papers, records, and documents page 56, line 23, after “shall" Insert & comma relevant to determining whether such manu and the following: "through standards esfacturer has acted or is acting in compliance tablished under title I of this Act,". with this title and motor vehicle safety stand On page 58, une 1, strike out “Such" and ards prescribed pursuant to this title."

all that follows down through the period on On page 47, line 7, strike out "(c)" and in lino 2 of page 57 and insert in lieu thereof: sert “(a)"

"Such order shall specify the date such sysOn page 47, lin. 17, strike out “(d)" and tem is to take effect which shall not be insert “(e)”

sooner than 180 days or later than 1 year from On page 47, line 19, after “(b)" Insert "or

the date such order is issued."

The amendments were agreed to. Mr. SPRINGER. Mr. Chairman, is the chairman of the committee going to

[ocr errors]

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
June 24, 1966, 14258 and 14259

Inspection and testing for compliance;

records and reports Soc. 114. (a) Tho Secretary is authorized to conduct such testing, inspection, and investigation as he deems necessary to ald in the enforcement of Foderal vehicle safety standards prescribed and in effect under this titlo and aball furnish the Attorney General

and, when appropriate, the Secrotary of the Treasury any information obtained and test results indicating noncomplance with such standards, for appropriate enforcement or customs action.

« PreviousContinue »