(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 (d) All information reported to or other- INSPECTION, RECORDS, AND REPORTS The Secretary is authorized to conduct such testing, inspection, and investigations as he deems necessary to aid in the enforcement of standards prescribed under the act (§ 114(a)). He is given express authority to conduct on-site inspection in factories, warehouses, or 12 sales offices (§ 114(b)). Manufacturers are required to maintain records, make reports, and provide the information reasonably required by the Secretary (§ 114(c)). The committee bill provides that the records, reports, and information the Secretary may reasonably require shall be limited to those 238 relevant to determining whether the manufacturer has acted or is acting in compliance with title I and motor vehicle safety standards issued thereunder (§ 114(c)). For example, the relevant records, reports, and information would include data relating to design, manufacturing procedures, quality control, and shipping records for currently manufactured vehicles, and would not include such closely held competitive trade secrets as financial, price, or cost data (§ 114(d)). Executive Communications Contains nothing helpful. As Introduced As H.R. 13228 in the House and S. 3005 in the Senate: 12 INSPECTION AND TESTING FOR COMPLIANCE; RECORDS 18 13 AND REPORTS 14 SEC. 111. (a) The Secretary is authorized to conduct 15 such testing and inspection as he deems necessary to aid 16 in the enforcement of Federal vehicle safety standards issued 17 and in effect under this title and shall furnish the Attorney 18 General and, when appropriated, the Secretary of the 19 Treasury any information obtained and test results indi20 cating noncompliance with such standards, for appropriate 21 enforcement or customs action. 22 (b) Every manufacturer of motor vehicles and motor 23 vehicle equipment shall establish and maintain such records, 24 make such reports, and provide such information as the 25 Secretary may reasonably require to enable him to determine 1 whether such manufacturer has acted or is acting in com2 pliance with this title and motor vehicle safety standards 3 prescribed pursuant to this title and shall, upon request of 4 an officer or employee duly designated by the Secretary, 5 permit such officer or employee to inspect appropriate books, 6 papers, records, and documents. 7 (c) All information reported to or otherwise obtained 8 by the Secretary or his representative pursuant to subsection 9 (b) which information contains or relates to a trade secret 10 or other matter referred to in section 1905 of title 18 of 11 the United States Code, shall be considered confidential 12 for the purpose of that section, except that such information 13 may be disclosed to other officers or employees concerned 14 with carrying out this Act or when relevant in any proceed15 ing under this Act. 19 |