49 U.S.C. § 32308 — General prohibitions, civil penalty, and

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. Page 937 TITLE 49—TRANSPORTATION § 32310 (4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (c) SECTION 32304A.—Any person who fails to comply with the national tire fuel efficiency in- formation program under section 32304A is liable to the United States Government for a civil pen- alty of not more than $50,000 for each violation. (d) CIVIL ACTIONS TO ENFORCE.—(1) The Attor- ney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section. (2) When practicable, the Secretary shall— (A) notify a person against whom an action under this subsection is planned; (B) give the person an opportunity to present that person’s views; and (C) give the person a reasonable opportunity to comply. (3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief. (e) VENUE AND SERVICE.—A civil action under this section may be brought in the judicial dis- trict in which the violation occurred or the de- fendant is found, resides, or does business. Proc- ess in the action may be served in any other ju- dicial district in which the defendant resides or is found. A subpena for a witness in the action may be served in any judicial district. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1041; Pub. L. 110–140, title I, § 111(b), Dec. 19, 2007, 121 Stat. 1507.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32308(a) ...... 15:1946. Oct. 20, 1972, Pub. L. 92–513, §§ 206–208, 86 Stat. 959. 32308(b)(1) .. 15:1948(a). 32308(b) (2)–(4). 15:1948(b). 32308(c) ...... 15:1947 (1st–3d sen- tences). 32308(d) ...... 15:1947 (last sen- tence). 15:1948(c). In subsection (a)(1), the words ‘‘data or’’ are omitted as surplus. In subsection (b)(1), the words ‘‘Each failure to pro- vide information or comply with a regulation’’ are sub- stituted for ‘‘with respect to each failure or refusal to comply with a requirement thereunder’’ for clarity. In subsection (c), the words ‘‘The Attorney General may bring a civil action’’ are substituted for ‘‘Upon pe- tition by the Attorney General on behalf of the United States’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate un- necessary words. The words ‘‘for cause shown’’ are omitted as surplus. The words ‘‘and subject to the pro- visions of rule 65(a) and (b) of the Federal Rules of Civil Procedure’’ are omitted as surplus because the rules apply in the absence of an exception from them. Subsection (d) is substituted for 15:1947 (last sen- tence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4). Editorial Notes AMENDMENTS 2007—Subsecs. (c) to (e). Pub. L. 110–140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 32309. Civil penalty for labeling violations (a) DEFINITIONS.—The definitions in section 32304 of this title apply to this section. (b) PENALTIES.—A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to at- tach the label required under section 32304 of this title to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as re- quired under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, § 6(31), Oct. 31, 1994, 108 Stat. 4380.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32309(a) ...... (no source). 32309(b) ...... 15:1950(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 210(e); added Oct. 6, 1992, Pub. L. 102–388, § 355, 106 Stat. 1557. Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this sec- tion. In subsection (b), the words ‘‘Each failure to attach or maintain that label’’ are substituted for ‘‘Such fail- ure’’ for clarity. PUB. L. 103–429 This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042). Editorial Notes AMENDMENTS 1994—Pub. L. 103–429 substituted ‘‘Civil’’ for ‘‘Crimi- nal’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 32310. New Car Assessment Program roadmap (a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Secretary of Transportation (re- ferred to in this section as the ‘‘Secretary’’) shall establish a roadmap for the implementa- tion of the New Car Assessment Program of the National Highway Traffic Safety Administra- tion.