49 U.S.C. § 30167 — Disclosure of information by the Sec-

Page 803 TITLE 49—TRANSPORTATION § 30167 ‘‘(4) includes [sic] information about each recall that has not been completed for each vehicle. ‘‘(b) RULEMAKING.—The Secretary may initiate a rulemaking proceeding to require each manufacturer to provide the information described in subsection (a), with respect to that manufacturer’s motor vehicles, on a publicly accessible Internet website. Any rules pro- mulgated under this subsection— ‘‘(1) shall limit the information that must be made available under this section to include only those re- calls issued not more than 15 years prior to the date of enactment of this Act; ‘‘(2) may require information under paragraph (1) to be provided to a dealer or an owner of a vehicle at no charge; and ‘‘(3) shall permit a manufacturer a reasonable pe- riod of time after receiving information from a dealer with respect to a vehicle to update the information about the vehicle on the publicly accessible Internet website. ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec- retary shall improve public awareness of safety recall information made publicly available by periodically updating the method of conveying that information to consumers, dealers, and manufacturers, such as through public service announcements.’’ § 30167. Disclosure of information by the Sec- retary of Transportation (a) CONFIDENTIALITY OF INFORMATION.—Infor- mation obtained under this chapter related to a confidential matter referred to in section 1905 of title 18 may be disclosed only in the following ways: (1) to other officers and employees carrying out this chapter. (2) when relevant to a proceeding under this chapter. (3) to the public if the confidentiality of the information is preserved. (4) to the public when the Secretary of Transportation decides that disclosure is nec- essary to carry out section 30101 of this title. (b) DEFECT AND NONCOMPLIANCE INFORMA- TION.—Subject to subsection (a) of this section, the Secretary shall disclose information ob- tained under this chapter related to a defect or noncompliance that the Secretary decides will assist in carrying out sections 30117(b) and 30118–30121 of this title or that is required to be disclosed under section 30118(a) of this title. A requirement to disclose information under this subsection is in addition to the requirements of section 552 of title 5. (c) INFORMATION ABOUT MANUFACTURER’S IN- CREASED COSTS.—A manufacturer opposing an action of the Secretary under this chapter be- cause of increased cost shall submit to the Sec- retary information about the increased cost, in- cluding the manufacturer’s cost and the cost to retail purchasers, that allows the public and the Secretary to evaluate the manufacturer’s state- ment. The Secretary shall evaluate the informa- tion promptly and, subject to subsection (a) of this section, shall make the information and evaluation available to the public. The Sec- retary shall publish a notice in the Federal Reg- ister that the information is available. (d) WITHHOLDING INFORMATION FROM CON- GRESS.—This section does not authorize infor- mation to be withheld from a committee of Con- gress authorized to have the information. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 970.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30167(a) ...... 15:1397(a)(1)(B) (re- lated to 15:1401(e) (1st sentence)), (D) (related to 15:1418(a)(2)(B)), (E) (related to 15:1401(e) (1st sen- tence)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(B) (related to § 112(e)), (D) (related to § 158(a)(2)), (E) (related to § 112(e)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. 15:1401(e) (1st sen- tence). Sept. 9, 1966, Pub. L. 89–563, § 112(e), 80 Stat. 725; Oct. 27, 1974, Pub. L. 93–492, § 104(b), 88 Stat. 1480. 15:1402(b)(2) (1st sen- tence). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 113; added Oct. 27, 1974, Pub. L. 93–492, § 105, 88 Stat. 1480. 15:1418(a)(2)(B). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 158(a)(2); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1476. 30167(b) ...... 15:1397(a)(1)(D) (re- lated to 15:1418(a)(2)(A), (C)). 15:1418(a)(2)(A), (C). 30167(c) ...... 15:1402(a), (b)(1), (c)–(e). 30167(d) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(e) (last sentence)). 15:1401(e) (last sen- tence). 15:1402(b)(2) (last sentence). In this section, the text of 15:1397(a)(1)(B) (related to 15:1401(e)), (D) (related to 15:1418(a)(2)), and (E) (related to 15:1401(e)) is omitted as surplus. In subsection (a), before clause (1), the words ‘‘Except as otherwise provided in section 1418(a)(2) and section 1402(b) of this title’’ in 15:1401(e) (1st sentence) are omitted, and the words ‘‘Information obtained under this chapter related to a confidential matter’’ are sub- stituted for ‘‘all information reported to or otherwise obtained by the Secretary or his representative pursu- ant to this subchapter which information contains or relates to a trade secret or other matter’’ in 15:1401(e) (1st sentence) and ‘‘described in subparagraph (A)’’ in 15:1418(a)(2)(B), because of the restatement. The words ‘‘shall be considered confidential for the purpose of that section’’ are omitted as surplus. The words ‘‘may be disclosed only in the following ways’’ are sub- stituted for ‘‘except that such information may be dis- closed’’ in 15:1401(e) (1st sentence) and 15:1402(b)(2) (1st sentence) and ‘‘and shall not be disclosed; unless’’ in 15:1418(a)(2)(B) to eliminate unnecessary words. Clause (3) is substituted for 15:1402(b)(2) (1st sentence words be- fore 2d comma) to eliminate unnecessary words. In subsection (b), the words ‘‘Subject to’’ are sub- stituted for ‘‘Except as provided in’’ for consistency. The words ‘‘to the public so much of any’’ and ‘‘which is’’ are omitted as surplus. The words ‘‘which relates to motor vehicle safety’’ and ‘‘with an applicable Federal motor vehicle safety standard’’ are omitted because of the restatement. The words ‘‘the purposes of’’ and ‘‘and not in lieu of’’ are omitted as surplus. In subsection (c), the words ‘‘For purposes of this sec- tion, the term ‘cost information’ means’’ and ‘‘such cost information’’ are omitted because of the restate- ment. The words ‘‘alleged’’, ‘‘both’’, and ‘‘resulting from action by the Secretary, in such form’’ are omit- ted as surplus. The words ‘‘Such term includes’’ are omitted because of the restatement. The words ‘‘to evaluate’’ are substituted for ‘‘to make an informed judgment’’ to eliminate unnecessary words and for con- sistency in the subsection. The words ‘‘(in such detail as the Secretary may by regulation or order prescribe)’’ are omitted as surplus because of 49:322(a). The word ‘‘thereafter’’ is omitted as surplus. The word ‘‘evalu- ate’’ is substituted for ‘‘prepare an evaluation of’’ to eliminate unnecessary words. The words ‘‘The Sec- retary’’ are added for clarity. The text of 15:1402(d) is Page 804 TITLE 49—TRANSPORTATION [§ 30168 1 See References in Text note below. omitted as surplus because of 49:322(a). The text of 15:1402(e) is omitted as surplus because of the restate- ment. In subsection (d), the words ‘‘by the Secretary or any officer or employee under his control’’ and ‘‘duly’’ are omitted as surplus. The words ‘‘to have the informa- tion’’ are added for clarity. [§ 30168. Repealed. Pub. L. 112–141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 971; Pub. L. 104–287, § 5(58), Oct. 11, 1996, 110 Stat. 3394, related to research, testing, development, and training. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 30169. Annual reports (a) GENERAL REPORT.—The Secretary of Trans- portation shall submit to the President to sub- mit to Congress on July 1 of each year a report on the administration of this chapter for the prior calendar year. The report shall include— (1) a thorough statistical compilation of ac- cidents and injuries; (2) motor vehicle safety standards in effect or prescribed under this chapter; (3) the degree of observance of the standards; (4) a summary of current research grants and contracts and a description of the prob- lems to be considered under those grants and contracts; (5) an analysis and evaluation of research ac- tivities completed and technological progress achieved; (6) enforcement actions; (7) the extent to which technical informa- tion was given the scientific community and consumer-oriented information was made available to the public; and (8) recommendations for legislation needed to promote cooperation among the States in improving traffic safety and strengthening the national traffic safety program. (b) REPORT ON IMPORTING MOTOR VEHICLES.— Not later than 18 months after regulations are first prescribed under section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit to Congress a report of the actions taken to carry out subchapter III of this chapter and the effectiveness of those ac- tions, including any testing by the Secretary under section 30146(c)(2) of this title. After the first report, the Secretary shall submit a report to Congress under this subsection not later than July 31 of each year. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 972.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30169(a) ...... 15:1408. Sept. 9, 1966, Pub. L. 89–563, § 120, 80 Stat. 728; May 22, 1970, Pub. L. 91–265, § 5, 84 Stat. 263; Oct. 27, 1974, Pub. L. 93–492, § 110(b), 88 Stat. 1484. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 30169(b) ...... 15:1397 (note). Oct. 31, 1988, Pub. L. 100–562, § 2(e)(4), 102 Stat. 2825. In subsection (a), before clause (1), the words ‘‘pre- pare and’’, ‘‘comprehensive’’, and ‘‘but not be restricted to’’ are omitted as unnecessary. In clause (1), the words ‘‘occurring in such year’’ are omitted as surplus. In clause (2), the words ‘‘in such year’’ are omitted as sur- plus. The words ‘‘under this chapter’’ are substituted for ‘‘Federal’’ for consistency in this chapter. In clause (3), the words ‘‘applicable Federal motor vehicle’’ are omitted as surplus. In clause (4), the word ‘‘all’’ is omitted as surplus. In clause (5), the words ‘‘including relevant policy recommendations’’ and ‘‘during such year’’ are omitted as surplus. In clause (6), the words ‘‘a statement of . . . including judicial decisions, settle- ments, or pending litigation during such year’’ are omitted as surplus. In clause (7), the word ‘‘motoring’’ is omitted as surplus. In clause (8), the words ‘‘The re- port required by subsection (a) of this section shall con- tain such’’ are omitted because of the restatement. The words ‘‘additional . . . as the Secretary deems’’ and ‘‘several’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, referred to in subsec. (b), is sec- tion 2(e)(1)(B) of Pub. L. 100–562, which was set out as a note under section 1397 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 1st item on page 135 and the 2nd item on page 134 identify reporting provisions which, as subsequently amended, are con- tained, respectively, in subsecs. (a) and (b) of this sec- tion), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. § 30170. Criminal Penalties (a) CRIMINAL LIABILITY FOR FALSIFYING OR WITHHOLDING INFORMATION.— (1) GENERAL RULE.—A person who violates section 1001 of title 18 with respect to the re- porting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an in- dividual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both. (2) SAFE HARBOR TO ENCOURAGE REPORTING AND FOR WHISTLE BLOWERS.— (A) CORRECTION.—A person described in paragraph (1) shall not be subject to crimi- nal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily