49 U.S.C. § 30166 — Inspections, investigations, and records

Page 798 TITLE 49—TRANSPORTATION § 30166 1 So in original. Probably should be followed by a comma. ment for a civil penalty of not more than $1,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act re- quired by any of those sections. The maximum penalty under this subsection for a related series of violations is $800,000.’’ 1994—Subsec. (a). Pub. L. 103–429 substituted ‘‘any of sections 30112’’ for ‘‘section 30112’’ and inserted ‘‘any of’’ before ‘‘those sections’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. B, title XXIV, § 24110(b), (c), Dec. 4, 2015, 129 Stat. 1709, provided that: ‘‘(b) EFFECTIVE DATE.—The amendments made by subsection (a) of this section [amending this section] take effect on the date that the Secretary certifies to Congress that the National Highway Traffic Safety Ad- ministration has issued the final rule required by sec- tion 31203(b) of the Moving Ahead for Progress In the 21st Century Act (Public Law 112–141; 126 Stat. 758; 49 U.S.C. 30165 note) [Mar. 17, 2016]. ‘‘(c) PUBLICATION OF EFFECTIVE DATE.—The Secretary shall publish notice of the effective date under sub- section (b) of this section in the Federal Register [81 F.R. 15413].’’ EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–141, div. C, title I, § 31203(c), July 6, 2012, 126 Stat. 758, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b) [set out as a note below] or 1 year after the date of enact- ment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, High- ways].’’ Amendment by sections 31304(b) and 32301(c) of Pub. L. 112–141 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. 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. CIVIL PENALTY CRITERIA Pub. L. 112–141, div. C, title I, § 31203(b), July 6, 2012, 126 Stat. 758, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue a final rule, in accordance with the proce- dures of section 553 of title 5, United States Code, which provides an interpretation of the penalty factors described in section 30165(c) of title 49, United States Code.’’ § 30166. Inspections, investigations, and records (a) DEFINITION.—In this section, ‘‘motor vehi- cle accident’’ means an occurrence associated with the maintenance or operation of a motor vehicle or motor vehicle equipment resulting in personal injury, death, or property damage. (b) AUTHORITY TO INSPECT AND INVESTIGATE.— (1) The Secretary of Transportation may con- duct an inspection or investigation— (A) that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter; or (B) related to a motor vehicle accident and designed to carry out this chapter. (2) The Secretary of Transportation shall co- operate with State and local officials to the greatest extent possible in an inspection or in- vestigation under paragraph (1)(B) of this sub- section. (c) MATTERS THAT CAN BE INSPECTED AND IM- POUNDMENT.—In carrying out this chapter, an of- ficer or employee designated by the Secretary of Transportation— (1) at reasonable times, may inspect and copy any record related to this chapter; (2) on request, may inspect records of a man- ufacturer, distributor, dealer, or rental com- pany to decide whether the manufacturer, dis- tributor, dealer, or rental company has com- plied or is complying with this chapter or a regulation prescribed or order issued under this chapter; (3) at reasonable times, in a reasonable way, and on display of proper credentials and writ- ten notice to an owner, operator, or agent in charge, may— (A) enter and inspect with reasonable promptness premises in which a motor vehi- cle or motor vehicle equipment is manufac- tured, held for introduction in interstate commerce (including at United States ports of entry), or held for sale after introduction in interstate commerce; (B) enter and inspect with reasonable promptness premises at which a vehicle or equipment involved in a motor vehicle acci- dent is located; (C) inspect with reasonable promptness that vehicle or equipment; and (D) impound for not more than 72 hours a vehicle or equipment involved in a motor ve- hicle accident; (4) shall enter into a memorandum of under- standing with the Secretary of Homeland Se- curity for inspections and sampling of motor vehicle equipment being offered for import to determine compliance with this chapter or a regulation or order issued under this chapter. (d) REASONABLE COMPENSATION.—When a motor vehicle (except a vehicle subject to sub- chapter I of chapter 135 of this title) or motor vehicle equipment is inspected or temporarily impounded under subsection (c)(3) of this sec- tion, the Secretary of Transportation shall pay reasonable compensation to the owner of the ve- hicle if the inspection or impoundment results in denial of use, or reduction in value, of the ve- hicle. (e) RECORDS AND MAKING REPORTS.—The Sec- retary of Transportation reasonably may re- quire a manufacturer of a motor vehicle or motor vehicle equipment to keep records, and a manufacturer, distributor, dealer, or rental company to make reports, to enable the Sec- retary to decide whether the manufacturer, dis- tributor, dealer, or rental company has complied or is complying with this chapter or a regula- tion prescribed or order issued under this chap- ter. This subsection does not impose a record- keeping requirement on a distributor 1 dealer, or rental company in addition to those imposed under subsection (f) of this section and section Page 799 TITLE 49—TRANSPORTATION § 30166 30117(b) of this title or a regulation prescribed or order issued under subsection (f) or section 30117(b). (f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND NONCOMPLIANCE.— (1) IN GENERAL.—A manufacturer shall give the Secretary of Transportation, and the Sec- retary shall make available on a publicly ac- cessible Internet website, a true or representa- tive copy of each communication to the manu- facturer’s dealers, rental companies, or other owners or purchasers of a motor vehicle or re- placement equipment produced by the manu- facturer about a defect or noncompliance with a motor vehicle safety standard prescribed under this chapter in a vehicle or equipment that is sold or serviced. (2) INDEX.—Communications required to be submitted to the Secretary under this sub- section shall be accompanied by an index to each communication, that— (A) identifies the make, model, and model year of the affected vehicles; (B) includes a concise summary of the sub- ject matter of the communication; and (C) shall be made available by the Sec- retary to the public on the Internet in a searchable format. (g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND HEARINGS.—(1) In carrying out this chapter, the Secretary of Transportation may— (A) require, by general or special order, any person to file reports or answers to specific questions, including reports or answers under oath; and (B) 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. (2) A witness summoned under this subsection is entitled to the same fee and mileage the wit- ness would have been paid in a court of the United States. (h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action to enforce a subpena or order under subsection (g) of this section may be brought in the United States district court for any judicial district in which the proceeding is conducted. The court may punish a failure to obey an order of the court to comply with a subpena or order as a contempt of court. (i) GOVERNMENTAL COOPERATION.—The Sec- retary of Transportation may request a depart- ment, agency, or instrumentality of the United States Government to provide records the Sec- retary considers necessary to carry out this chapter. The head of the department, agency, or instrumentality shall provide the record on re- quest, may detail personnel on a reimbursable basis, and otherwise shall cooperate with the Secretary. This subsection does not affect a law limiting the authority of a department, agency, or instrumentality to provide information to an- other department, agency, or instrumentality. (j) COOPERATION OF SECRETARY.—The Sec- retary of Transportation may advise, assist, and cooperate with departments, agencies, and in- strumentalities of the Government, States, and other public and private agencies in developing a method for inspecting and testing to deter- mine compliance with a motor vehicle safety standard. (k) PROVIDING INFORMATION.—The Secretary of Transportation shall provide the Attorney Gen- eral and, when appropriate, the Secretary of the Treasury, information obtained that indicates a violation of this chapter or a regulation pre- scribed or order issued under this chapter. (l) REPORTING OF DEFECTS IN MOTOR VEHICLES AND PRODUCTS IN FOREIGN COUNTRIES.— (1) REPORTING OF DEFECTS, MANUFACTURER DETERMINATION.—Not later than 5 working days after determining to conduct a safety re- call or other safety campaign in a foreign country on a motor vehicle or motor vehicle equipment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States, the manufacturer shall report the de- termination to the Secretary. (2) REPORTING OF DEFECTS, FOREIGN GOVERN- MENT DETERMINATION.—Not later than 5 work- ing days after receiving notification that the government of a foreign country has deter- mined that a safety recall or other safety cam- paign must be conducted in the foreign coun- try on a motor vehicle or motor vehicle equip- ment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States, the man- ufacturer of the motor vehicle or motor vehi- cle equipment shall report the determination to the Secretary. (3) REPORTING REQUIREMENTS.—The Sec- retary shall prescribe the contents of the noti- fication required by this subsection. (m) EARLY WARNING REPORTING REQUIRE- MENTS.— (1) RULEMAKING REQUIRED.—Not later than 120 days after the date of the enactment of the Transportation Recall Enhancement, Account- ability, and Documentation (TREAD) Act, the Secretary shall initiate a rulemaking pro- ceeding to establish early warning reporting requirements for manufacturers of motor vehi- cles and motor vehicle equipment to enhance the Secretary’s ability to carry out the provi- sions of this chapter. (2) DEADLINE.—The Secretary shall issue a final rule under paragraph (1) not later than June 30, 2002. (3) REPORTING ELEMENTS.— (A) WARRANTY AND CLAIMS DATA.—As part of the final rule promulgated under para- graph (1), the Secretary shall require manu- facturers of motor vehicles and motor vehi- cle equipment to report, periodically or upon request by the Secretary, information which is received by the manufacturer derived from foreign and domestic sources to the ex- tent that such information may assist in the identification of defects related to motor ve- hicle safety in motor vehicles and motor ve- hicle equipment in the United States and which concerns— (i) data on claims submitted to the man- ufacturer for serious injuries (including death) and aggregate statistical data on property damage from alleged defects in a Page 800 TITLE 49—TRANSPORTATION § 30166 motor vehicle or in motor vehicle equip- ment; or (ii) customer satisfaction campaigns, consumer advisories, recalls, or other ac- tivity involving the repair or replacement of motor vehicles or items of motor vehi- cle equipment. (B) OTHER DATA.—As part of the final rule promulgated under paragraph (1), the Sec- retary may, to the extent that such informa- tion may assist in the identification of de- fects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States, require manufacturers of motor vehicles or motor vehicle equip- ment to report, periodically or upon request of the Secretary, such information as the Secretary may request. (C) REPORTING OF POSSIBLE DEFECTS.—The manufacturer of a motor vehicle or motor vehicle equipment shall report to the Sec- retary, in such manner as the Secretary es- tablishes by regulation, all incidents of which the manufacturer receives actual no- tice which involve fatalities or serious inju- ries which are alleged or proven to have been caused by a possible defect in such manufac- turer’s motor vehicle or motor vehicle equipment in the United States, or in a for- eign country when the possible defect is in a motor vehicle or motor vehicle equipment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States. (D) SETTLEMENTS.—Notwithstanding any order entered in a civil action restricting the disclosure of information, a manufac- turer of a motor vehicle or motor vehicle equipment shall comply with the require- ments of this subsection and any regulations promulgated pursuant to this subsection. (4) HANDLING AND UTILIZATION OF REPORTING ELEMENTS.— (A) SECRETARY’S SPECIFICATIONS.—In re- quiring the reporting of any information re- quested by the Secretary under this sub- section, the Secretary shall specify in the final rule promulgated under paragraph (1)— (i) how such information will be re- viewed and utilized to assist in the identi- fication of defects related to motor vehicle safety; (ii) the systems and processes the Sec- retary will employ or establish to review and utilize such information; and (iii) the manner and form of reporting such information, including in electronic form. (B) INFORMATION IN POSSESSION OF MANU- FACTURER.—The regulations promulgated by the Secretary under paragraph (1) may not require a manufacturer of a motor vehicle or motor vehicle equipment to maintain or sub- mit records respecting information not in the possession of the manufacturer. (C) DISCLOSURE.—None of the information collected pursuant to the final rule promul- gated under paragraph (1) shall be disclosed pursuant to section 30167(b) unless the Sec- retary determines the disclosure of such in- formation will assist in carrying out sec- tions 30117(b) and 30118 through 30121. (D) BURDENSOME REQUIREMENTS.—In pro- mulgating the final rule under paragraph (1), the Secretary shall not impose requirements unduly burdensome to a manufacturer of a motor vehicle or motor vehicle equipment, taking into account the manufacturer’s cost of complying with such requirements and the Secretary’s ability to use the informa- tion sought in a meaningful manner to assist in the identification of defects related to motor vehicle safety. (5) PERIODIC REVIEW.—As part of the final rule promulgated pursuant to paragraph (1), the Secretary shall specify procedures for the periodic review and update of such rule. (n) SALE OR LEASE OF DEFECTIVE OR NON- COMPLIANT TIRE.— (1) IN GENERAL.—The Secretary shall, within 90 days of the date of the enactment of the Transportation Recall Enhancement, Account- ability, and Documentation (TREAD) Act, issue a final rule requiring any person who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire which is not compliant with an applicable tire safety standard with actual knowledge that the manufacturer of such tire has notified its dealers of such defect or noncompliance as re- quired under section 30118(c) or as required by an order under section 30118(b) to report such sale or lease to the Secretary. (2) DEFECT OR NONCOMPLIANCE REMEDIED OR ORDER NOT IN EFFECT.—Regulations under paragraph (1) shall not require the reporting described in paragraph (1) where before deliv- ery under a sale or lease of a tire— (A) the defect or noncompliance of the tire is remedied as required by section 30120; or (B) notification of the defect or noncompli- ance is required under section 30118(b) but enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) applies. (o) CORPORATE RESPONSIBILITY FOR REPORTS.— (1) IN GENERAL.—The Secretary shall pro- mulgate rules requiring a senior official re- sponsible for safety in any company submit- ting information to the Secretary in response to a request for information in a safety defect or compliance investigation under this chap- ter to certify that— (A) the signing official has reviewed the submission; and (B) based on the official’s knowledge, the submission does not— (i) contain any untrue statement of a material fact; or (ii) omit to state a material fact nec- essary in order to make the statements made not misleading, in light of the cir- cumstances under which such statements were made. (2) NOTICE.—The certification requirements of this section shall be clearly stated on any request for information under paragraph (1). (3) DEADLINE.—Not later than 1 year after the date of enactment of the Comprehensive Page 801 TITLE 49—TRANSPORTATION § 30166 Transportation and Consumer Protection Act of 2015, the Secretary shall issue a final rule under paragraph (1). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 969; Pub. L. 103–429, § 6(24), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–88, title III, § 308(j), Dec. 29, 1995, 109 Stat. 947; Pub. L. 104–287, § 6(f)(3), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–414, § 3(a)–(c), Nov. 1, 2000, 114 Stat. 1800–1802; Pub. L. 112–141, div. C, title I, §§ 31209, 31303(a), 31304(a), July 6, 2012, 126 Stat. 762, 764; Pub. L. 114–94, div. B, title XXIV, §§ 24109(e), 24112, Dec. 4, 2015, 129 Stat. 1707, 1709; Pub. L. 117–58, div. B, title IV, § 24216(a), Nov. 15, 2021, 135 Stat. 830.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 30166(a) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(B)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(B) (related to § 112(a)–(c)), (D) (related to § 158(a)(1)), (E) (related to § 112(a)–(c)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. 15:1401(a)(3)(B). Sept. 9, 1966, Pub. L. 89–563, § 112(a)–(c), 80 Stat. 725; re- stated Oct. 27, 1974, Pub. L. 93–492, § 104(a), 88 Stat. 1478. 30166(b) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (1st, last sentences)). 15:1401(a)(1) (1st, last sentences). 30166(c) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2)). 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2). 30166(d) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(A)). 15:1401(a)(3)(A). 30166(e) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(b) (1st sen- tence 1st–60th words, last sen- tence)). 15:1401(b) (1st sen- tence 1st–60th words, last sen- tence). 30166(f) ....... 15:1397(a)(1)(D) (re- lated to 15:1418(a)(1)). 15:1418(a)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 158(a)(1); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1475. 30166(g) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(1), (3), (5)). 15:1401(c)(1), (3), (5). 30166(h) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(4)). 15:1401(c)(4). 30166(i) ....... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(6)). 15:1401(c)(6). 30166(j) ....... 15:1396 (related to inspecting and testing). Sept. 9, 1966, Pub. L. 89–563, § 107 (related to inspecting and testing), 80 Stat. 721. HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 30166(k) ...... 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (2d sentence)). 15:1401(a)(1) (2d sen- tence). In this section, the words ‘‘regulation prescribed or order issued under this chapter’’ are substituted for ‘‘rules, regulations, or orders issued thereunder’’ and ‘‘regulations and orders promulgated thereunder’’ for consistency and because ‘‘rule’’ and ‘‘regulation’’ are synonymous. The text of 15:1397(a)(1)(B) and (E) (as 1397(a)(1)(B), (E) relates to 15:1401) is omitted as sur- plus. In subsection (a), the words ‘‘As used’’ are omitted as surplus. The word ‘‘use’’ is omitted as being included in ‘‘operation’’. In subsection (b)(1)(A), the words ‘‘this chapter’’ are substituted for ‘‘this subchapter’’ because of the re- statement. In subsection (b)(1)(B), the words ‘‘the facts, cir- cumstances, conditions, and causes of’’ are omitted as surplus. The words ‘‘designed to carry out’’ are sub- stituted for ‘‘which is for the purposes of carrying out’’ to eliminate unnecessary words. In subsection (b)(2), the words ‘‘making’’, ‘‘appro- priate’’, and ‘‘consistent with the purposes of this sub- section’’ are omitted as surplus. In subsection (c), before clause (1), the words ‘‘In car- rying out this chapter’’ are substituted for ‘‘For pur- poses of carrying out paragraph (1)’’ in 15:1401(a)(2) and ‘‘In order to carry out the provisions of this sub- chapter’’ in 15:1401(c)(2) for clarity and consistency in this chapter. The words ‘‘an officer or employee des- ignated by the Secretary of Transportation’’ are sub- stituted for ‘‘officers or employees duly designated by the Secretary’’ in 15:1401(a)(2), ‘‘an officer or employee duly designated by the Secretary’’ in 15:1401(b), and ‘‘his duly authorized agent’’ in 15:1401(c)(2) for consist- ency. In clause (1), the words ‘‘may inspect and copy’’ are substituted for ‘‘shall . . . have access to, and for the purposes of examination the right to copy’’ in 15:1401(c)(2) to eliminate unnecessary words. The words ‘‘of any person having materials or information . . . any function of the Secretary under’’ are omitted as surplus. In clause (2), the word ‘‘may’’ is substituted for ‘‘permit such officer or employee to’’ in 15:1401(b) be- cause of the restatement. The words ‘‘appropriate’’ and ‘‘relevant’’ are omitted as surplus. In clause (3)(A)–(C), the words ‘‘inspect with reasonable promptness’’ are substituted for 15:1401(a)(2) (last sentence) to eliminate unnecessary words and for consistency. In clause (3)(A), the word ‘‘premises’’ is substituted for ‘‘factory, ware- house, or establishment’’ for consistency. In clause (3)(D), the words ‘‘not more than’’ are substituted for ‘‘a period not to exceed’’ for consistency. In subsection (d), the words ‘‘for the purpose of in- spection’’ and ‘‘the authority of’’ are omitted as sur- plus. The words ‘‘is inspected or temporarily im- pounded under subsection (c)(3) of this section’’ are substituted for ‘‘Whenever, under the authority of paragraph (2)(B), the Secretary inspects or temporarily impounds for the purpose of inspection’’ for clarity and to correct the cross-reference in the source provision. The words ‘‘to its owner’’ are omitted as surplus. In subsection (e), the words ‘‘establish and’’ are omit- ted as surplus. The words ‘‘This subsection does not im- pose’’ are substituted for ‘‘Nothing in this subsection shall be construed as imposing’’ for consistency and to eliminate unnecessary words. In subsection (f), the words ‘‘notices, bulletins, and other’’ are omitted as surplus. The words ‘‘with a motor vehicle safety standard prescribed under this chapter’’ are added for clarity. The text of Page 802 TITLE 49—TRANSPORTATION § 30166 15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as surplus. In subsection (g)(1), before clause (A), the words ‘‘or on the authorization of the Secretary, any officer or employee of the Department of Transportation’’ are omitted as surplus because of 49:322(b). In clause (A), the words ‘‘in writing’’, ‘‘in such form as the Secretary may prescribe’’, ‘‘relating to any function of the Sec- retary under this subchapter’’, and ‘‘shall be filed with the Secretary within such reasonable period as the Sec- retary may prescribe’’ are omitted as surplus. In clause (B), the words ‘‘sit and act at such times and places’’ are omitted as being included in ‘‘conduct hearings’’. The word ‘‘records’’ is substituted for ‘‘such books, pa- pers, correspondence, memorandums, contracts, agree- ments, or other records’’ for consistency in the revised title and with other titles of the United States Code. In subsection (h), the words ‘‘A civil action to enforce a subpena or order . . . may be brought in the United States district court for the judicial district in which the proceeding is conducted’’ are substituted for ‘‘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 . . . issue an order requiring compliance therewith’’ for clarity and to eliminate unnecessary words. The words ‘‘an order of the court to comply with a subpena or order’’ are substituted for ‘‘such order of the court’’ for clarity. In subsection (i), the words ‘‘United States’’ are sub- stituted for ‘‘Federal’’ for consistency. The words ‘‘to provide’’ are substituted for ‘‘from’’ because of the re- statement. The words ‘‘his functions under’’ are omit- ted as surplus. The words ‘‘head of the’’ are added for consistency. The words ‘‘to the Department of Trans- portation . . . made by the Secretary’’ are omitted as surplus. The words ‘‘detail personnel on a reimbursable basis’’ are substituted for 15:1401(c)(6)(B) to eliminate unnecessary words and because of the restatement. The word ‘‘otherwise’’ is added for clarity. The words ‘‘be deemed to’’ and ‘‘provision of’’ are omitted as surplus. In subsection (j), the words ‘‘departments, agencies, and instrumentalities of the Government, States, and other public and private agencies’’ are substituted for ‘‘other Federal departments and agencies, and State and other interested public and private agencies’’ for consistency. In subsection (k), the words ‘‘for appropriate action’’ are omitted as surplus. PUB. L. 103–429 This amends 49:30166(h) to clarify the restatement of 15:1401(c)(4) by section 1 of the Act of July 5, 1994 (Pub- lic Law 103–272, 108 Stat. 970). Editorial Notes REFERENCES IN TEXT The date of the enactment of the Transportation Re- call Enhancement, Accountability, and Documentation (TREAD) Act, referred to in subsecs. (m)(1) and (n)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000. The date of enactment of the Comprehensive Trans- portation and Consumer Protection Act of 2015, re- ferred to in subsec. (o)(3), probably means the date of enactment of div. B of Pub. L. 114–94, which was ap- proved Dec. 4, 2015. That Act name is the heading for div. B of Pub. L. 114–94, but no such Short Title was en- acted. AMENDMENTS 2021—Subsec. (m)(3)(D). Pub. L. 117–58 added subpar. (D). 2015—Subsec. (c)(2). Pub. L. 114–94, § 24109(e)(1), sub- stituted ‘‘dealer, or rental company’’ for ‘‘or dealer’’ in two places. Subsec. (e). Pub. L. 114–94, § 24109(e)(2), substituted ‘‘dealer, or rental company’’ for ‘‘or dealer’’ wherever appearing. Subsec. (f)(1). Pub. L. 114–94, § 24109(e)(3), substituted ‘‘, rental companies, or other owners’’ for ‘‘or to own- ers’’. Subsec. (o)(1). Pub. L. 114–94, § 24112(1), substituted ‘‘shall promulgate’’ for ‘‘may promulgate’’ in introduc- tory provisions. Subsec. (o)(3). Pub. L. 114–94, § 24112(2), added par. (3). 2012—Subsec. (c)(3)(A). Pub. L. 112–141, § 31209(2)(A), inserted ‘‘(including at United States ports of entry)’’ after ‘‘held for introduction in interstate commerce’’. Subsec. (c)(4). Pub. L. 112–141, § 31209(1), (2)(B), (3), added par. (4). Subsec. (f). Pub. L. 112–141, § 31303(a), designated ex- isting provisions as par. (1), inserted heading, sub- stituted ‘‘A manufacturer shall give the Secretary of Transportation, and the Secretary shall make available on a publicly accessible Internet website,’’ for ‘‘A man- ufacturer shall give the Secretary of Transportation’’, and added par. (2). Subsec. (o). Pub. L. 112–141, § 31304(a), added subsec. (o). 2000—Subsecs. (l) to (n). Pub. L. 106–414 added subsecs. (l) to (n). 1996—Subsec. (d). Pub. L. 104–287 made technical amendment to directory language of Pub. L. 104–88, § 308(j). See 1995 Amendment note below. 1995—Subsec. (d). Pub. L. 104–88, § 308(j), as amended by Pub. L. 104–287, substituted ‘‘subchapter I of chapter 135’’ for ‘‘subchapter II of chapter 105’’. 1994—Subsec. (h). Pub. L. 103–429 substituted ‘‘any ju- dicial district’’ for ‘‘the judicial district’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 24109(e) of Pub. L. 114–94 effec- tive on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(f)(3), Oct. 11, 1996, 110 Stat. 3399, provided that the amendment made by that section is effective Dec. 29, 1995. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. 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. PUBLIC AVAILABILITY OF RECALL INFORMATION Pub. L. 112–141, div. C, title I, § 31301, July 6, 2012, 126 Stat. 763, as amended by Pub. L. 114–94, div. B, title XXIV, § 24103(c), Dec. 4, 2015, 129 Stat. 1702, provided that: ‘‘(a) VEHICLE RECALL INFORMATION.—Not later than 1 year after the date of enactment of this Act [see sec- tion 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under sec- tion 101 of Title 23, Highways], the Secretary [of Trans- portation] shall require that motor vehicle safety re- call information— ‘‘(1) be available to the public on the Internet; ‘‘(2) be searchable by vehicle make and model and vehicle identification number; ‘‘(3) be in a format that preserves consumer pri- vacy; and 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