49 U.S.C. § 30170 — Criminal Penalties

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 Repealed.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 Page 805 TITLE 49—TRANSPORTATION § 30171 injury; and (2) the person corrects any im- proper reports or failure to report within a reasonable time. (B) REASONABLE TIME AND SUFFICIENCY OF CORRECTION.—The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Sec- retary shall issue a final rule under this sub- paragraph within 90 days of the date of the enactment of this section. (C) EFFECTIVE DATE.—Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect. (b) COORDINATION WITH DEPARTMENT OF JUS- TICE.—The Attorney General may bring an ac- tion, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation. (Added Pub. L. 106–414, § 5(b)(1), Nov. 1, 2000, 114 Stat. 1803.) Editorial Notes REFERENCES IN TEXT Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, § 2(1), Dec. 2, 2002, 116 Stat. 2445. The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000. § 30171. Protection of employees providing motor vehicle safety information (a) DISCRIMINATION AGAINST EMPLOYEES OF MANUFACTURERS, PART SUPPLIERS, AND DEALER- SHIPS.—No motor vehicle manufacturer, part supplier, or dealership may discharge an em- ployee or otherwise discriminate against an em- ployee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)— (1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the em- ployer or the Secretary of Transportation in- formation relating to any motor vehicle de- fect, noncompliance, or any violation or al- leged violation of any notification or report- ing requirement of this chapter; (2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor ve- hicle defect, noncompliance, or any violation or alleged violation of any notification or re- porting requirement of this chapter; (3) testified or is about to testify in such a proceeding; (4) assisted or participated or is about to as- sist or participate in such a proceeding; or (5) objected to, or refused to participate in, any activity that the employee reasonably be- lieved to be in violation of any provision of chapter 301 of this title, or any order, rule, regulation, standard, or ban under such provi- sion. (b) COMPLAINT PROCEDURE.— (1) FILING AND NOTIFICATION.—A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may file (or have any person file on his or her behalf), not later than 180 days after the date on which such vio- lation occurs, a complaint with the Secretary of Labor (hereinafter in this section referred to as the ‘‘Secretary’’) alleging such discharge or discrimination. Upon receipt of such a com- plaint, the Secretary shall notify, in writing, the person named in the complaint of the fil- ing of the complaint, of the allegations con- tained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such per- son under paragraph (2). (2) INVESTIGATION; PRELIMINARY ORDER.— (A) IN GENERAL.—Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an oppor- tunity to submit to the Secretary a written response to the complaint and an oppor- tunity to meet with a representative of the Secretary to present statements from wit- nesses, the Secretary shall conduct an inves- tigation and determine whether there is rea- sonable cause to believe that the complaint has merit and notify, in writing, the com- plainant and the person alleged to have com- mitted a violation of subsection (a) of the Secretary’s findings. If the Secretary con- cludes that there is a reasonable cause to be- lieve that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by para- graph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or pre- liminary order, or both, and request a hear- ing on the record. The filing of such objec- tions shall not operate to stay any reinstate- ment remedy contained in the preliminary order. Such hearings shall be conducted ex- peditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not sub- ject to judicial review. (B) REQUIREMENTS.— (i) REQUIRED SHOWING BY COMPLAINANT.— The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise re- quired under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (5) of subsection (a) was a con- tributing factor in the unfavorable per- sonnel action alleged in the complaint. (ii) SHOWING BY EMPLOYER.—Notwith- standing a finding by the Secretary that the complainant has made the showing re- quired under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer dem- onstrates, by clear and convincing evi- dence, that the employer would have