Collapse to view only § 32307. Investigative powers
- § 32301. Definitions
- § 32302. Passenger motor vehicle information
- § 32303. Insurance information
- § 32304. Passenger motor vehicle country of origin labeling
- § 32304A. Consumer tire information and standards
- § 32304B. Child safety
- § 32305. Information and assistance from other departments, agencies, and instrumentalities
- § 32306. Personnel
- § 32307. Investigative powers
- § 32308. General prohibitions, civil penalty, and enforcement
- § 32309. Civil penalty for labeling violations
- § 32310. New Car Assessment Program roadmap
§ 32301. Definitions
In this chapter—
(1) “crash avoidance” means preventing or mitigating a crash;
(2) “crashworthiness” means the protection a passenger motor vehicle gives its passengers against personal injury or death from a motor vehicle accident; and
(3) “damage susceptibility” means the susceptibility of a passenger motor vehicle to damage in a motor vehicle accident.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112–141, div. C, title I, § 31305(a), July 6, 2012, 126 Stat. 765.)
§ 32302. Passenger motor vehicle information
(a)Information Program.—The Secretary of Transportation (referred to in this section as the “Secretary”) shall maintain a program for developing the following information on passenger motor vehicles:
(1) damage susceptibility.
(2) crashworthiness, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehicles.
(3) the degree of difficulty of diagnosis and repair of damage to, or failure of, mechanical and electrical systems.
(b)Motor Vehicle Information.—To assist a consumer in buying a passenger motor vehicle, the Secretary shall provide to the public information developed under subsection (a) of this section. The information shall be in a simple and understandable form that allows comparison of the characteristics referred to in subsection (a)(1)–(3) of this section among the makes and models of passenger motor vehicles. The Secretary may require passenger motor vehicle dealers to distribute the information to prospective buyers. The Secretary, after providing an opportunity for public comment, shall study and report to Congress the most useful data, format, and method for providing simple and understandable damage susceptibility information to consumers.
(c)Crash Avoidance.—Not later than 1 year after the date of enactment of the Safety Through Informed Consumers Act of 2015, the Secretary shall promulgate a rule to ensure that crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.
(d)Motor Vehicle Defect Reporting Information.—
(1)Rulemaking required.—Not later than 1 year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers—
(A) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration;
(B) to prominently print the information described in subparagraph (A) within the owner’s manual; and
(C) to not place such information on the label required under section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).
(2)Application.—The requirements under paragraph (1) shall apply to passenger motor vehicles manufactured in any model year beginning more than 1 year after the date on which a final rule is published under paragraph (1).
(e)Advanced Crash-avoidance Technologies.—
(1)Notice.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish, distinct from crashworthiness information, a means for providing to consumers information relating to advanced crash-avoidance technologies, in accordance with subsection (a).
(2)Inclusions.—The notice under paragraph (1) shall include—
(A) an appropriate methodology for—
(i) determining which advanced crash-avoidance technologies shall be included in the information;
(ii) developing performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technologies;
(iii) determining a distinct rating involving each advanced crash-avoidance technology to be included; and
(iv) updating overall vehicle ratings to incorporate advanced crash-avoidance technology ratings; and
(B) such other information and analyses as the Secretary determines to be necessary to implement the rating of advanced crash-avoidance technologies.
(3)Report.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an advanced crash-avoidance technology information and rating system, in accordance with subsection (a).
(f)Vulnerable Road User Safety.—
(1)Notice.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a).
(2)Inclusions.—The notice under paragraph (1) shall include—
(A) an appropriate methodology for—
(i) determining which technologies shall be included in the information;
(ii) developing performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles attempt to prevent and mitigate, to the best extent possible, pedestrian injury;
(iii) determining a distinct rating involving each technology to be included; and
(iv) updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings; and
(B) such other information and analyses as the Secretary determines to be necessary to implement the rating of vulnerable road user safety technologies.
(3)Report.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an information and rating system for vulnerable road user safety technologies, in accordance with subsection (a).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112–141, div. C, title I, §§ 31305(b), 31306, July 6, 2012, 126 Stat. 765; Pub. L. 112–252, §§ 1, 2(a), Jan. 10, 2013, 126 Stat. 2406; Pub. L. 114–94, div. B, title XXIV, § 24322, Dec. 4, 2015, 129 Stat. 1713; Pub. L. 117–58, div. B, title IV, § 24213(b), Nov. 15, 2021, 135 Stat. 826.)
§ 32303. Insurance information
(a)General Reports and Information Requirements.—
(1) In carrying out this chapter, the Secretary of Transportation may require an insurer, or a designated agent of the insurer, to make reports and provide the Secretary with information. The reports and information may include accident claim information by make, model, and model year of passenger motor vehicle about the kind and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and information;
(B) consider the extent to which the reports and information will contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and information under this subsection on a voluntary basis.
(b)Requested Information on Crashworthiness, Damage Susceptibility, and Repair and Personal Injury Cost.—When requested by the Secretary, an insurer shall give the Secretary information—
(1) about the extent to which the insurance premiums charged by the insurer are affected by damage susceptibility, crashworthiness, and the cost of repair and personal injury, for each make and model of passenger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor vehicle on the risk incurred by the insurer in insuring that make and model.
(c)Disclosure.—In distributing information received under this section, the Secretary may disclose identifying information about a person that may be an insured, a claimant, a passenger, an owner, a witness, or an individual involved in a motor vehicle accident, only with the consent of the person.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1036.)
§ 32304. Passenger motor vehicle country of origin labeling
(a)Definitions.—In this section—
(1) “allied supplier” means a supplier of passenger motor vehicle equipment that is wholly owned by the manufacturer, or if a joint venture vehicle assembly arrangement, a supplier that is wholly owned by one member of the joint venture arrangement.
(2)
(A) “carline”—
(i) means a name given a group of passenger motor vehicles that has a degree of commonality in construction such as body and chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of doors, seats, or windows; and
(B) light duty trucks are different carlines than passenger motor vehicles.
(3) “country of origin”, when referring to the origin of an engine or transmission, means the country from which the largest share of the dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate countries; and
(B) the estimate of the percentage of the dollar value shall be based on the purchase price of direct materials, as received at individual engine or transmission plants, of engines of the same displacement and transmissions of the same transmission type, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions.
(4) “dealer” means a person residing or located in the United States, including the District of Columbia or a territory or possession of the United States, and engaged in selling or distributing new passenger motor vehicles to the ultimate purchaser.
(5) “final assembly place” means the plant, factory, or other place at which a new passenger motor vehicle is produced or assembled by a manufacturer, and from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.
(6) “foreign span” means passenger motor vehicle equipment that is not of United States/Canadian origin.
(7) “manufacturer” means a person—
(A) engaged in manufacturing or assembling new passenger motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.
(8) “new passenger motor vehicle” means a passenger motor vehicle for which a manufacturer, distributor, or dealer has never transferred the equitable or legal title to the vehicle to an ultimate purchaser.
(9) “of United States/Canadian origin”, when referring to passenger motor vehicle equipment, means—
(A) for an outside supplier—
(i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or
(ii) that portion of the purchase price of passenger motor vehicle equipment containing less than 70 percent value added in the United States and Canada that is attributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 percent; and
(B) for an allied supplier, that part of the individual passenger motor vehicle equipment whose purchase price the manufacturer determines remains after subtracting the total of the purchase prices of all material of foreign span purchased from outside suppliers, with the determination of the United States/Canadian origin or of the foreign span from outside suppliers being consistent with subclause (A) of this clause.
(10) “outside supplier” means a supplier of passenger motor vehicle equipment to a manufacturer’s allied supplier, or a person other than an allied supplier, who ships directly to the manufacturer’s final assembly place.
(11) “passenger motor vehicle” has the same meaning given that term in section 32101(10) of this title, except that it includes any multi-purpose vehicle or light duty truck when that vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight.
(12) “passenger motor vehicle equipment”—
(A) means a system, subassembly, or component received at the final vehicle assembly place for installation on, or attachment to, a passenger motor vehicle at the time of its first shipment by the manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips, screws, pins, braces, and other attachment hardware) and other similar items the Secretary of Transportation may prescribe by regulation after consulting with manufacturers and labor.
(13) “percentage (by value)”, when referring to passenger motor vehicle equipment of United States/Canadian origin, means the percentage remaining after subtracting the percentage (by value) of passenger motor vehicle equipment that is not of United States/Canadian origin that will be installed or included on those vehicles produced in a carline, from 100 percent—
(A) with value being expressed in terms of the purchase price; and
(B) for outside suppliers and allied suppliers, the value used is the purchase price of the equipment paid at the final assembly place.
(14) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(15) “value added in the United States and Canada” means a percentage determined by subtracting the total purchase price of foreign span from the total purchase price, and dividing the remainder by the total purchase price, excluding costs incurred or profits made at the final assembly place and beyond (including advertising, assembly, labor, interest payments, and profits), with the following groupings being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b)Manufacturer Requirement.—
(1) Each manufacturer of a new passenger motor vehicle manufactured after September 30, 1994
(A) the percentage (by value) of passenger motor vehicle equipment of United States/Canadian origin installed on vehicles in the carline to which that vehicle belongs, identified by the words “U.S./Canadian span”.
(B) the final assembly place for that vehicle by city, State (where appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on passenger motor vehicles in a carline originated in any country other than the United States and Canada, the names of at least the 2 countries in which the greatest amount (by value) of that equipment originated and the percentage (by value) of the equipment originating in each country.
(D) the country of origin of the engine and the transmission for each vehicle.
(2) At the beginning of each model year, each manufacturer shall establish the percentages required for each carline to be indicated on the label under this subsection. Those percentages are applicable to that carline for the entire model year. A manufacturer may round those percentages to the nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B) of this subsection satisfies the disclosure requirement of section 3(b) of the Automobile Information Disclosure Act (15 U.S.C. 1232(b)).
(c)Vehicle Content Percentage by Assembly Plant.—A manufacturer may display separately on the label required by subsection (b) the domestic span of a vehicle based on the assembly plant. Such display shall occur after the matter required to be in the label by subsection (b)(1)(A).
(d)Value Added Determination.—If a manufacturer or allied supplier requests information in a timely manner from one or more of its outside suppliers concerning the United States/Canadian span of particular equipment, but does not receive that information despite a good faith effort to obtain it, the manufacturer or allied supplier may make its own good faith value added determinations, subject to the following:
(1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and/or Canada.
(2) The manufacturer or allied supplier shall consider the amount of value added and the location in which the value was added for all of the stages that the outside supplier would be required to consider.
(3) The manufacturer or allied supplier may determine that the value added in the United States and/or Canada is 70 percent or more only if it has a good faith basis to make that determination.
(4) A manufacturer and its allied suppliers may, on a combined basis, make value added determinations for no more than 10 percent, by value, of a carline’s total parts span from outside suppliers.
(5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier.
(6) This provision does not affect the obligation of outside suppliers to provide the requested information.
(e)Small Parts.—The country of origin of nuts, bolts, clips, screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield washer fluid, fasteners, tire assembly fluid, rivets, adhesives, and grommets, of any system, subassembly, or component installed in a vehicle shall be considered to be the country in which such parts were included in the final assembly of such vehicle.
(f)Dealer Requirement.—Each dealer engaged in the sale or distribution of a new passenger motor vehicle manufactured after September 30, 1994, shall cause to be maintained on that vehicle the label required to be attached to that vehicle under subsection (b) of this section.
(g)Form and Content of Label.—The Secretary of Transportation shall prescribe by regulation the form and span of the label required under subsection (b) of this section and the manner and location in which the label is attached. The Secretary shall permit a manufacturer to comply with this section by allowing the manufacturer to disclose the information required under subsection (b)(1) on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232), on the label required by section 32908 of this title, or on a separate label that is readily visible. A manufacturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed.
(h)Regulations.—In consultation with the Secretaries of Commerce and the Treasury, the Secretary of Transportation shall prescribe regulations necessary to carry out this section, including regulations establishing a procedure to verify the label information required under subsection (b)(1) of this section. Those regulations shall provide the ultimate purchaser of a new passenger motor vehicle with the best and most understandable information possible about the foreign span and United States/Canadian origin of the equipment of the vehicles without imposing costly and unnecessary burdens on the manufacturers. The Secretary of Transportation shall prescribe the regulations promptly to provide adequate lead time for each manufacturer to comply with this section. The regulations shall include provisions applicable to outside suppliers and allied suppliers to require those suppliers to certify whether passenger motor vehicle equipment provided by those suppliers is of United States origin, of United States/Canadian origin, or of foreign span and to provide other information the Secretary of Transportation decides is necessary to allow each manufacturer to comply reasonably with this section and to rely on that certification and information.
(i)Preemption.—
(1) When a label span requirement prescribed under this section is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to the span of vehicles covered by a requirement under this section.
(2) A State or a political subdivision of a State may prescribe requirements related to the span of passenger motor vehicles obtained for its own use.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1036; Pub. L. 103–429, § 6(29), (30), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–178, title VII, § 7106(d), June 9, 1998, 112 Stat. 467.)
§ 32304A. Consumer tire information and standards
(a)Consumer Tire Information.—
(1)In general.—Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation (referred to in this section as the “Secretary”) shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability.
(2)Items included in rule.—The rulemaking shall include—
(A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;
(B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;
(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and
(D) a national tire maintenance consumer education program including,1
1 So in original. Probably should be “, including”.
information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.(3)Applicability.—This section shall apply only to replacement tires covered under section 575.104(c) of title 49, Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act.
(b)Promulgation of Regulations for Tire Fuel Efficiency Minimum Performance Standards.—
(1)In general.—The Secretary, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire fuel efficiency minimum performance standards for—
(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and
(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.
(2)Tire fuel efficiency minimum performance standards.—
(A)Standard basis and test procedures.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section 575.106 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).2
2 See References in Text note below.
(B)No disparate effect on high performance tires.—The Secretary shall ensure that the minimum performance standards promulgated under paragraph (1) will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.
(C)Applicability.—
(i)In general.—This subsection applies to new pneumatic tires for use on passenger cars.
(ii)Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.
(c)Promulgation of Regulations for Tire Wet Traction Minimum Performance Standards.—
(1)In general.—The Secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency.
(2)Tire wet traction minimum performance standards.—
(A)Basis of standard.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of peak coefficient of friction.
(B)Test procedures.—Any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection (a).
(C)Benchmarking.—The Secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the United States as of the date of enactment of this Act 2 to ensure that the minimum performance standards promulgated under paragraph (1) are tailored to—
(i) tires sold in the United States; and
(ii) the needs of consumers in the United States.
(D)Applicability.—
(i)In general.—This subsection applies to new pneumatic tires for use on passenger cars.
(ii)Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.
(d)Coordination Among Regulations.—
(1)Compatibility.—The Secretary shall ensure that the test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent.
(2)Combined effect of rules.—The Secretary shall evaluate the regulations promulgated under subsections (b) and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not diminish wet traction performance of affected tires.
(3)Rulemaking deadlines.—The Secretary shall promulgate—
(A) the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; 2 and
(B) the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).
(e)Consultation.—The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on the means of conveying tire fuel efficiency consumer information.
(f)Report to Congress.—The Secretary shall conduct periodic assessments of the rules promulgated under this section to determine the utility of such rules to consumers, the level of cooperation by industry, and the contribution to national goals pertaining to energy consumption. The Secretary shall transmit periodic reports detailing the findings of such assessments to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.
(g)Tire Marking.—The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.
(h)Application With State and Local Laws and Regulations.—Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency consumer information that was in effect on January 1, 2006. After a requirement promulgated under this section is in effect, a State or political subdivision thereof may adopt or enforce 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 requirement promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regulating the fuel efficiency of tires (including establishing testing methods for determining compliance with such standards) not otherwise preempted 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.)
§ 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 Secretary 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 vehicle engine or motor is deactivated by the operator.
(c)Means.—The alert required under subsection (b)—
(1) shall include a distinct auditory and visual 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 subsection (b) shall require full compliance with the rule beginning on September 1st of the first calendar 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.)
§ 32305. Information and assistance from other departments, agencies, and instrumentalities
(a)Authority To Request.—The Secretary of Transportation may request information necessary to carry out this chapter from a department, agency, or instrumentality of the United States Government. The head of the department, agency, or instrumentality shall provide the information.
(b)Detailing Personnel.—The head of a department, agency, or instrumentality may detail, 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.)
§ 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 governing 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 Members.—A member of an advisory committee appointed under section 325 of this title to carry out this chapter is a special United States Government employee under chapter 11 of title 18.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.)
§ 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 reports or answers under oath; and
(3) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary 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 punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court.
(d)Confidentiality of Information.—Information 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 authorize information to be withheld from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.)
§ 32308. General prohibitions, civil penalty, and enforcement
(a)Prohibitions.—A person may not—
(1) fail to provide the Secretary of Transportation with information requested by the Secretary 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 separate 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.
(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 information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.
(d)Civil Actions To Enforce.—
(1) The Attorney 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 district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial 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.)
§ 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 attach 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 required 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.)
§ 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 (referred to in this section as the “Secretary”) shall establish a roadmap for the implementation of the New Car Assessment Program of the National Highway Traffic Safety Administration.
(b)Requirements.—A roadmap under subsection (a) shall—
(1) cover a term of 10 years, consisting of—
(A) a mid-term component covering the initial 5 years of the term; and
(B) a long-term component covering the final 5 years of the term; and
(2) be in accordance with—
(A)section 306 of title 5;
(B)section 1115 of title 31;
(C) section 24401 of the FAST Act (49 U.S.C. 105 note; Public Law 114–94); and
(D) any other relevant plans of the National Highway Traffic Safety Administration.
(c)Contents.—A roadmap under subsection (a) shall include—
(1) a plan for any changes to the New Car Assessment Program of the National Highway Traffic Safety Administration, including—
(A) descriptions of actions to be carried out to update the passenger motor vehicle information developed under section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance metrics, which shall, as applicable, incorporate—
(i) objective criteria for evaluating safety technologies; and
(ii) reasonable time periods for compliance with new or updated tests;
(B) key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and
(C) descriptions of the means by which an update will improve the passenger motor vehicle information developed under section 32302(a);
(2) an identification and prioritization of safety opportunities and technologies—
(A) with respect to the mid-term component of the roadmap under subsection (b)(1)(A)—
(i) that are practicable; and
(ii) for which objective rating tests, evaluation criteria, and other consumer data exist for a market-based, consumer information approach; and
(B) with respect to the long-term component of the roadmap under subsection (b)(1)(B), exist or are in development;
(3) an identification of—
(A) any safety opportunity or technology that—
(i) is identified through the activities carried out pursuant to subsection (d) or (e); and
(ii) is not included in the roadmap under paragraph (2);
(B) the reasons why such a safety opportunity or technology is not included in the roadmap; and
(C) any developments or information that would be necessary for the Secretary to consider including such a safety opportunity or technology in a future roadmap; and
(4) consideration of the benefits of consistency with other rating systems used—
(A) within the United States; and
(B) internationally.
(d)Considerations.—Before finalizing a roadmap under this section, the Secretary shall—
(1) make the roadmap available for public comment;
(2) review any public comments received under paragraph (1); and
(3) incorporate in the roadmap under this section those comments, as the Secretary determines to be appropriate.
(e)Stakeholder Engagement.—Not less frequently than annually, the Secretary shall engage stakeholders that represent a diversity of technical backgrounds and viewpoints—
(1) to identify—
(A) safety opportunities or technologies in development that could be included in future roadmaps; and
(B) opportunities to benefit from collaboration or harmonization with third-party safety rating programs;
(2) to assist with long-term planning;
(3) to provide an interim update of the status and development of the following roadmap to be established under subsection (a); and
(4) to collect feedback or other information that the Secretary determines to be relevant to enhancing the New Car Assessment Program of the National Highway Traffic Safety Administration.
(Added Pub. L. 117–58, div. B, title IV, § 24213(c)(1), Nov. 15, 2021, 135 Stat. 827.)