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(b) For purposes of enforcement of this has acted or 18 acting in compliance with this title, omcers `or employees duly designated title and motor vehicle safety standards by the Secretary, upon presenting appro prescribed pursuant to this title and shall, priate credentials and a written notice to the upon request of an oncer or employee duly owner, operator, or agent in charge, are au

designated by the Secretary, permit such thorized (1) to enter, at reasonable times, oncer or employee to inspect appropriate any factory, warehouse, or establishment in books, papers, rocords, and documents relowhich motor vehicles or items of motor ve- vant to determining whether such madu. bicle equipment are manufactured, or held facturer has acted or is acting in compuance for introduction into Interstate commerce with this title and motor vehicle safety or are held for salo after such introduction: standards prescribed pursuant to this title. and (2) to inspect, at reasonablo time and (d) Al information reported to or otherwithin reasonable limits and in a reasonable wiso obtained by the Secretary or his repremanner, such factory, warehouse, or estab- sentative pursuant to subsection (b) or lishment. Each such inspection shall be ic) which information contains or relates to commenced and completed with reasonable a trade secret or other matter referred to in promptness.

section 1905 of utle 18 of the United States (c) Every manufacturer of motor vehicles Code, shall be considered confidential for and motor vehicle equipment shall establish the purpose of that section, except that such and maintain such records, make such re- information may be disclosed to other oficers ports, and provide such information as tho or employees concerned with carrying out Secretary may reasonably require to enable this Act or when relevant in any proceeding him to determine whether such manufacturer under this Act.

14259

Senate Debate

Congressional Record-Senate
August 31, 1966, 21487

Mr. MAGNUSON.

The Senate conferees accepted, as a most constructive addition, the House provision authorizing the Secretary to require manufacturers to disclose safety performance and technical data on their products to new car purchasers. For that purpose, the Secretary is authorized to require manufacturers to furnish him

with such data so that he can determine
what should be disclosed to purchasers.
In so doing, the Secretary is not expected
to divulge manufacturers' trade secrets,
except to the extent that he determines
such information should be in the hands
of prospective purchasers.

Senate Committee Report Senate Report 1301, Pages 11 and 12

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 (§ 1 14(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

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

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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

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vehicle equipment shall establish and maintain such records,

24 make such reports, and provide such information as the

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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

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(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.

Section 113

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