Noncompliance. Punishment. Witnesses fees. whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder. Nothing in this subsection shall be construed as imposing recordkeeping requirements on distributors or dealers, except those requirements imposed under section 158 and regulations and orders promulgated thereunder. "(c) (1) For the purpose of carrying out the provisions of this title. the Secretary, or on the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require. by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable. "(2) In order to carry out the provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title. "(3) The Secretary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe. reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe. "(4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or paragraph (3) of this subsection, issue an order requiring compliance therewith: and any failure to obey such order of the court may be punished by such court as a contempt thereof. *(5) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage which are paid witnesses in the courts of the United States. "(6) (A) The Secretary is authorized to request from any department, agency or instrumentality of the Federal Government such statistics, data, program reports, and other materials as he deems necessary to carry out his functions under this title; and each such department, agency, or instrumentality is authorized and directed to cooperate with the Secretary and to furnish such statistics, data, program reports, and other materials to the Department of Transportation upon request made by the Secretary. Nothing in this subparagraph shall be deemed to affect any provision of law limiting the authority of an agency, department, or instrumentality of the Federal Government to provide information to another agency, department, or instrumentality of the Federal Government. "(B) The head of any Federal department, agency, or instrumentality is authorized to detail, on a reimbursable basis, any personnel of such department, agency, or instrumentality to assist in carrying out the duties of the Secretary under this title." (b) Section 112(e) of such Act is amended by striking out “All” and inserting in lieu thereof "Except as otherwise provided in section 158(a) (2) and section 113(b), all"; and striking out "subsection (b) or (c)" and inserting in lieu thereof "this title". 11 Vol. IV Conference Report-Section 104 Senate Report 93-1452, Pages 40 and 41 INSPECTION AND RECORDKEEPING Senate bill No comparable provision. House amendment Section 104 of the House amendment revised section 112 (a), (b), and (c) of the Act to make clear that the Secretary was authorized to conduct any inspection or investigation which might be necessary to enforce Title I and any rules, regulations, or orders issued thereunder, or which related to the facts, circumstances, conditions, and causes of any motor vehicle accident and which was for the purpose of carrying out his functions under this Act. The Secretary was required to furnish the Attorney General and, when appropriate, the Secretary of the Treasury, any information obtained indicating noncompliance with this Title, or any rules, regulations, or orders issued thereunder. In carrying out these inspections or investigations, officers or employees designated by the Secretary. upon presenting appropriate credentials and written notice to the owner, operator or agent in charge, were authorized at reasonable times and in a reasonable manner to (1) enter any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment were manufactured, held for introduction in interstate commerce, or held for sale after such introduction, or to enter any premises where motor vehicle or item of motor vehicle equipment involved in a motor vehicle accident was located; (2) to impound for a period not to exceed 72 hours, any motor vehicle or item of motor vehicle equipment involved in a motor vehicle accident; and (3) to inspect any factory, warehouse, establishment, vehicle, or equipment referred to in (1) or in (2) above. Whenever the Secretary inspected or temporarily impounded for the purpose of inspection any motor vehicle, he would pay reasonable compensation to the extent that such inspection or impounding resulted in denial of the use of the vehicle to its owner or in the reduc- 41 tion of value of the vehicle. Section 104 of the House amendment also altered section 112(b) of the Act to require every manufacturer of motor vehicles and motor vehicle equipment to establish and maintain such records and every manufacturer, dealer, or distributor to make such reports as the Secretary could reasonably require to enable him to determine whether such person was in compliance with Title I or any rules, regulations, or orders issued thereunder. Duly designated officers or employees of the Secretary were authorized to inspect appropriate materials relevant to determining compliance. Section 104 of the House amendment altered section 112 (c) of the Act to allow the Secretary to conduct informational hearings and to obtain evidence from any person who had any information relevant to the implementation of the Act. The Secretary or any authorized officer of the Department could hold hearings, take testimony under oath, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of records. Access to and copying of any documentary evidence of any person having materials or information relevant to any function of the Secretary under Title I of the Act was authorized. The Secretary was also permitted to require, by general or special orders, any person to file prescribed reports, or answers in writing to specific questions relating to any function of the Secretary under Title I. Such reports and answers would be made under oath or otherwise and filed within a reasonable period as prescribed. The district courts of the United States would have jurisdiction to enforce a subpoena or order of the Secretary or his officer or employee. Under section 104 of the House amendment, section 112(c) permitted the Secretary to request from any department, agency, or instrumentality of the government, such statistics, data, program reports, and other materials as necessary to carry out his functions under Title I. Such departments, agencies, or instrumentalities were authorized and directed to cooperate and furnish such materials to the Secretary unless another provision of law limited their authority to do so. Finally, the amendment to section 112(e) in section 104 of the House amendment would prohibit, except in expressly specified situations, the Secretary from disclosing information received under Title I, as amended, if it containd a trade secret or other material referred to in 18 U.S.C. 1905. is located; "(B) to impound for a period not to exceed seventy-two hours, any motor vehicle or item of motor vehicle equipment involved in a motor vehicle accident; and "(C) to inspect any factory, warehouse, establishment, vehicle, or equipment referred to in subparagraph (A) or (B). Each inspection under this paragraph shall be commenced and completed with reasonable promptness. "(3) (A) Whenever, under the authority of paragraph (2) (B), the Secretary inspects or temporarily impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to part II of the Interstate Commerce Act), he shall pay reasonable compensation to the owner of such vehicle to the extent that such inspection or impounding results in the denial of the use of the vehicle to its owner or in the reduction in value of the vehicle. "(B) As used in this subsection, 'motor vehicle accident' means an occurrence associated with the maintenance, use, or operation of a motor vehicle or item of motor vehicle equipment in or as a result of which any person suffers death or personal injury, or in which there is property damage. "(b) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records and every manufacturer, dealer, or distributor shall make such reports, as the Secretary may reasonably require to enable him to determine whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder 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, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder. Nothing in this subsection shall be construed as imposing recordkeeping requirements on distributors or dealers, except those requirements imposed under section 158 and orders promulgated thereunder. "(c) (1) For the purpose of carrying out the provisions of this title, the Secretary, or on the authorisation of the Secretary, any omoer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable. the "(2) In order to carry out provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title. "(3) The Secetary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe. "(4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such oficer or employee issued under paragraph (1) or paragraph (3) of this subsection, issue an any failure to obey such order of the court order requiring compliance therewith; and may be punished by such court as a contempt thereof. "(5) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. "(6) (A) The Secretary is authorized to request from any department, agency or instrumentality of the Government such statistics, data, program reports, and other materials as he deems necessary to carry out his functions under this title; and each such department, agency, or instrumentality is authorized and directed to cooperate with the Secretary and to furnish such statistics, data, program reports, and other materials to the Department of Transportation upon request made by the Secretary. Nothing in this subparagraph shall be deemed to affect any provision of law limiting the authority of an agency, department, or instrumentality of the Government to provide information to another agency, department, or instrumentality of the Government. "(B) The head of any Federal department, agency, or instrumentality is authorized to detail, on a reimbursable basis, any personnel of such department, agency, or instrumentality to assist in carrying out the duties of the Secretary under this title." (b) Section 112(e) of such Act is amended by striking out "All" and inserting in lieu thereof "Except as otherwise provided in section 158(a) and section 113(b), all"; and striking out "subsection (b) or (c)" and inserting in lieu thereof "this title". House Debate-Section 104 Congressional Record-House August 12, 1974, 27808 Mr. DENNIS. If I may ask the gentleman another question, I see here in the report that it says that the temporary impoundment of motor vehicles with reasonable compensation to the owners is permitted. Under what circumstances is that authorized, and how does the owner get compensated if his vehicle is impounded? Mr. STAGGERS. I think it would simply be because of accidents and investigations. Mr. DENNIS. 1 beg the gentleman's pardon? Mr. STAGGERS. Accidents and investigations, I believe. Mr. DENNIS. Does the gentleman mean that if there is an accident, one's vehicle may be impounded? Mr. STAGGERS. I will yield to the chairman of the subcommittee (Mr. Moss) to answer that. Mr. MOSS. If the gentleman will yield, it is intended to permit the temporary impoundment where it is felt essential that the vehicle be examined to deter mine whether or not there was a defect in the vehicle, to afford an opportunity for the kind of inspection or examination that we routinely require in all aircraft crashes. Mr. DENNIS. Mr. Chairman, will the gentleman yield further? Mr. STAGGERS. I will be happy to yield to the gentleman from Indiana. Mr. DENNIS. If I may inquire further, and I will yield, of course, is there any limitation on the length of the impoundment, and how is it arranged that a man gets compensation, and where does the compensation come from? Mr. MOSS. The impoundment is for a period of not more than 72 hours, and a standard of reasonableness would have to apply in fixing the amount that they would be reimbursed for the impounded vehicle. Mr. DENNIS. If the gentleman can tell me, who fixes it? Mr. MOS8. The administrator. Mr. DENNIS. Does the gentleman mean through the administrator of the act? Mr. MOSS. Through the administrator of the act. Mr. DENNIS. Is there some local representative to take care of that? Mr. MOSS. I believe we have local representatives throughout the Nation. Mr. DENNIS. I can see that one might have quite a bit of trouble down here in Washington in getting that arranged in that situation. Mr. Chairman, I thank the gentleman. Congressional Record-House INSPECTION AND RECORDKEEPING Section 104 of this legislation retains the provisions of the House-passed bill. |