49 U.S.C. § 32306 — Personnel

Page 935 TITLE 49—TRANSPORTATION § 32306 efficiency consumer information that was in ef- fect on January 1, 2006. After a requirement pro- mulgated under this section is in effect, a State or political subdivision thereof may adopt or en- force a law or regulation on tire fuel efficiency consumer information enacted or promulgated after January 1, 2006, if the requirements of that law or regulation are identical to the require- ment promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regu- lating the fuel efficiency of tires (including es- tablishing testing methods for determining com- pliance with such standards) not otherwise pre- empted under this chapter. (Added Pub. L. 110–140, title I, § 111(a), Dec. 19, 2007, 121 Stat. 1506; amended Pub. L. 114–94, div. B, title XXIV, § 24332, Dec. 4, 2015, 129 Stat. 1713.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Ten-in-Ten Fuel Econ- omy Act, referred to in subsec. (a)(1), (3), is the date of enactment of subtitle A (§§ 101–113) of title I of Pub. L. 110–140, which was approved Dec. 19, 2007. The date of enactment of this Act, referred to in sub- secs. (b)(2)(A), (c)(2)(C), and (d)(3)(A), probably means the date of enactment of Pub. L. 114–94, which added subsecs. (b) to (d) and was approved Dec. 4, 2015. AMENDMENTS 2015—Pub. L. 114–94, § 24332(1), which directed inser- tion of ‘‘AND STANDARDS’’ after ‘‘CONSUMER TIRE INFORMATION’’ in section catchline, was executed by inserting ‘‘and standards’’ after ‘‘Consumer tire infor- mation’’, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 114–94, § 24332(2)(A), substituted ‘‘Consumer Tire Information’’ for ‘‘Rulemaking’’ in heading. Subsec. (a)(1). Pub. L. 114–94, § 24332(2)(B), inserted ‘‘(referred to in this section as the ‘Secretary’)’’ after ‘‘Secretary of Transportation’’. Subsecs. (b) to (h). Pub. L. 114–94, § 24332(3), (4), added subsecs. (b) to (d) and redesignated former subsecs. (b) to (e) as (e) to (h), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 32304B. Child safety (a) DEFINITIONS.—In this section: (1) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger motor vehicle’’ has the meaning given that term in section 32101. (2) REAR-DESIGNATED SEATING POSITION.—The term ‘‘rear-designated seating position’’ means designated seating positions that are rearward of the front seat. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (b) RULEMAKING.—Not later than 2 years after the date of enactment of this section, the Sec- retary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehi- cle engine or motor is deactivated by the oper- ator. (c) MEANS.—The alert required under sub- section (b)— (1) shall include a distinct auditory and vis- ual alert, which may be combined with a haptic alert; and (2) shall be activated when the vehicle motor is deactivated by the operator. (d) PHASE-IN.—The rule issued pursuant to sub- section (b) shall require full compliance with the rule beginning on September 1st of the first cal- endar year that begins 2 years after the date on which the final rule is issued. (Added Pub. L. 117–58, div. B, title IV, § 24222(a)(1), Nov. 15, 2021, 135 Stat. 835.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021. § 32305. Information and assistance from other departments, agencies, and instrumentalities (a) AUTHORITY TO REQUEST.—The Secretary of Transportation may request information nec- essary to carry out this chapter from a depart- ment, agency, or instrumentality of the United States Government. The head of the depart- ment, agency, or instrumentality shall provide the information. (b) DETAILING PERSONNEL.—The head of a de- partment, agency, or instrumentality may de- tail, on a reimbursable basis, personnel to assist the Secretary in carrying out this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32305 .......... 15:1943. Oct. 20, 1972, Pub. L. 92–513, § 203, 86 Stat. 957. In this section, the word ‘‘independent’’ is omitted as surplus. In subsection (a), the words ‘‘he deems’’ and ‘‘his functions under’’ are omitted as surplus. The words ‘‘head of the’’ are added for consistency in the revised title and with other titles of the United States Code. The words ‘‘cooperate with the Secretary and’’ and ‘‘to the Department of Transportation upon request made by the Secretary’’ are omitted as surplus. § 32306. Personnel (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary of Transportation may— (1) appoint and fix the pay of employees without regard to the provisions of title 5 gov- erning appointment in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and (2) make contracts with persons for research and preparation of reports. (b) STATUS OF ADVISORY COMMITTEE MEM- BERS.—A member of an advisory committee ap- pointed under section 325 of this title to carry out this chapter is a special United States Gov- ernment employee under chapter 11 of title 18. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.) Page 936 TITLE 49—TRANSPORTATION § 32307 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32306(a) ...... 15:1942 (1st, 2d sen- tences). Oct. 20, 1972, Pub. L. 92–513, § 202, 86 Stat. 956. 32306(b) ...... 15:1942 (last sen- tence). In subsection (a), before clause (1), the words ‘‘his functions under’’ are omitted as surplus. In clause (1), the words ‘‘as he deems necessary’’ are omitted as sur- plus. The words ‘‘chapter 51 and subchapter III of chap- ter 53 of title 5’’ are substituted for ‘‘the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates’’ to eliminate unnecessary words. The text of 15:1942 (1st sentence cl. (2)) is omitted as surplus be- cause of 49:323(b). The text of 15:1942 (1st sentence cl. (4), 2d sentence) is omitted as surplus because of 49:325. Editorial Notes REFERENCES IN TEXT The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (a)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. § 32307. Investigative powers (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary of Transportation may— (1) inspect and copy records of any person at reasonable times; (2) order a person to file written reports or answers to specific questions, including re- ports or answers under oath; and (3) conduct hearings, administer oaths, take testimony, and require (by subpena or other- wise) the appearance and testimony of wit- nesses and the production of records the Sec- retary considers advisable. (b) WITNESS FEES AND MILEAGE.—A witness summoned under subsection (a) of this section is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or order of the Secretary under subsection (a) of this section may be brought in the United States district court for the judicial district in which the proceeding by the Secretary is conducted. The court may pun- ish a failure to obey an order of the court to comply with the subpena or order of the Sec- retary as a contempt of court. (d) CONFIDENTIALITY OF INFORMATION.—Infor- mation obtained by the Secretary under this section related to a confidential matter referred to in section 1905 of title 18 may be disclosed only to another officer or employee of the United States Government for use in carrying out this chapter. This subsection does not au- thorize information to be withheld from a com- mittee of Congress authorized to have the infor- mation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32307(a) ...... 15:1944(a)–(c). Oct. 20, 1972, Pub. L. 92–513, § 204, 86 Stat. 957. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 32307(b) ...... 15:1944(e). 32307(c) ...... 15:1944(d). 32307(d) ...... 15:1944(f). In subsection (a), before clause (1), the words ‘‘In car- rying out this chapter’’ are substituted for ‘‘For the purpose of carrying out the provisions of this sub- chapter’’, ‘‘In order to carry out the provisions of this subchapter’’, and ‘‘relating to any function of the Sec- retary under this subchapter’’ for consistency. The words ‘‘or on the authorization of the Secretary, any officer or employee of the Department of Transpor- tation’’ and ‘‘or his duly authorized agent’’ are omitted as surplus because of 49:322(b). In clause (1), the words ‘‘inspect and copy’’ are substituted for ‘‘have access to, and for the purposes of examination the right to copy’’, and the word ‘‘records’’ is substituted for ‘‘documen- tary evidence’’ and ‘‘materials and information’’, for consistency and to eliminate unnecessary words. The words ‘‘relevant to the study authorized by this sub- chapter’’ are omitted as surplus. In clause (2), the word ‘‘order’’ is substituted for ‘‘require, by general or spe- cial orders’’ to eliminate unnecessary words. The words ‘‘in such form as the Secretary may prescribe’’ and ‘‘shall be filed with the Secretary within such reason- able period as the Secretary may prescribe’’ are omit- ted as surplus because of 49:322(a). In clause (3), the words ‘‘sit and act at such times and places’’ are omit- ted as being included in ‘‘conduct hearings’’. In subsection (c), the words ‘‘A civil action to enforce a subpena or order of the Secretary under subsection (a) of this section may be brought in the United States district court for the judicial district in which the pro- ceeding by the Secretary is conducted’’ are substituted for 15:1944(d) (words before semicolon) for consistency in the revised title and to eliminate unnecessary words. In subsection (d), the words ‘‘reported to or other- wise’’ are omitted as surplus. The words ‘‘or such offi- cer or employee’’ are omitted for consistency with sub- section (a) of this section. The words ‘‘related to a con- fidential matter referred to’’ are substituted for ‘‘con- tains or relates to a trade secret or other matter re- ferred to’’ to eliminate unnecessary words. The words ‘‘a committee of Congress authorized to have the infor- mation’’ are substituted for ‘‘the duly authorized com- mittees of the Congress’’ for clarity. § 32308. General prohibitions, civil penalty, and enforcement (a) PROHIBITIONS.—A person may not— (1) fail to provide the Secretary of Transpor- tation with information requested by the Sec- retary in carrying out this chapter; or (2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter. (b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a sep- arate violation. The maximum penalty under this subsection for a related series of violations is $400,000. (2) The Secretary may compromise the amount of a civil penalty imposed under this section. (3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered.