Every manufacturer of new motor vehicles or new motor vehicle engines, and every manufacturer of new motor vehicle or engine parts or components, and other persons subject to the requirements of this part or part C, shall establish and maintain records, perform tests where such testing is not otherwise reasonably available under this part and part C (including fees for testing), make reports and provide information the Administrator may reasonably require to determine whether the manufacturer or other person has acted or is acting in compliance with this part and part C and regulations thereunder, or to otherwise carry out the provision of this part and part C, and shall, upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to and copy such records.
For the purposes of enforcement of this section, officers or employees duly designated by the Administrator upon presenting appropriate credentials are authorized-
Any records, reports, or information obtained under this part or part C shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or a particular portion thereof (other than emission data), to which the Administrator has access under this section, if made public, would divulge methods or processes entitled to protection as trade secrets of that person, the Administrator shall consider the record, report, or information or particular portion thereof confidential in accordance with the purposes of section of title 18. Any authorized representative of the Administrator shall be considered an employee of the United States for purposes of section of title 18. Nothing in this section shall prohibit the Administrator or authorized representative of the Administrator from disclosing records, reports or information to other officers, employees or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this section shall authorize the withholding of information by the Administrator or any officer or employee under the Administrator's control from the duly authorized committees of the Congress.
42 U.S.C. § 7542
CODIFICATIONSection was formerly classified to sectionof this title.
PRIOR PROVISIONSA prior section 208 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90-148, §2, 81 Stat. 501, was renumbered section 209 by Pub. L. 91-604 and is classified to sectionof this title. Another prior section 208 of act July 14, 1955, as added Oct. 20, 1965, Pub. L. 89-272, title I, §101(8), 79 Stat. 994, was renumbered section 212 by Pub. L. 90-148 renumbered section 213 by Pub. L. 91-604 renumbered 214 by Pub. L. 93-319 and renumbered section 216 by Pub. L. 95-95 and is classified to section of this title.
AMENDMENTS1990- Pub. L. 101-549 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), manufacturer's responsibility; and in subsec. (b), availability to public except for trade secrets. 1970-Subsec. (a). Pub. L. 91-604, §§11(a)(2)(A), 15, substituted "Administrator" for "Secretary" wherever appearing and "part" for "subchapter".Subsec. (b). Pub. L. 91-604, §§10(a), 15, substituted provisions authorizing the Administrator to make available to the public any records, reports, of information obtained under subsec. (a) of this section, except those shown to the Administrator to be entitled to protection as trade secrets, for provisions that all information reported or otherwise obtained by the Secretary or his representative pursuant to subsec. (a) of this section, which information contains or relates to a trade secret or other matter referred to in section of title 18, be considered confidential for the purpose of such section 1905, and substituted "Administrator" for "Secretary". 1967- Pub. L. 90-148 reenacted section without change.
- The term "Administrator" means the Administrator of General Services.
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- The term "person" includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.