Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 49 U.S.C. § 32301 - Definitions
## Text
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. 103272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112141, div. C, title I, § 31305(a), July 6, 2012, 126 Stat. 765.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3230115:1901(13), (14).Oct. 20, 1972, Pub. L. 92513, § 2(13), (14), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96425, § 8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98547, § 101(b), 98 Stat. 2767.
Editorial Notes
Amendments2012—Pub. L. 112141 added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (2), substituted “; and” for period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 32302 - Passenger motor vehicle information
## Text
(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 owners 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. 103272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112141, div. C, title I, §§ 31305(b), 31306, July 6, 2012, 126 Stat. 765; Pub. L. 112252, §§ 1, 2(a), Jan. 10, 2013, 126 Stat. 2406; Pub. L. 11494, div. B, title XXIV, § 24322, Dec. 4, 2015, 129 Stat. 1713; Pub. L. 11758, div. B, title IV, § 24213(b), Nov. 15, 2021, 135 Stat. 826.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32302(a)15:1941(c) (19th60th words).Oct. 20, 1972, Pub. L. 92513, § 201(c), (e), 86 Stat. 956. 15:1941(d) (1st13th words).Oct. 20, 1972, Pub. L. 92513, § 201(d), 86 Stat. 956; July 14, 1976, Pub. L. 94364, § 201, 90 Stat. 981. 32302(b)15:1941(c) (1st18th and 61stlast words), (d) (14thlast words). 32302(c)15:1941(e). In subsection (a), the words before clause (1) are substituted for “The Secretary shall compile the information described in subsection (c) of this section” and “existing information and information to be developed relating to” for clarity and to eliminate unnecessary words. In subsection (b), the words “After the study has been completed” are omitted as executed. The words “To assist a consumer in buying a passenger motor vehicle” are substituted for “so as to be of benefit in their passenger motor vehicle purchasing decisions”, and the words “the Secretary shall provide to the public” are substituted for “the Secretary is authorized and directed to devise specific ways in which . . . can be communicated to consumers” and “furnish it to the public”, to eliminate unnecessary words. The word “existing” is omitted as obsolete. In subsection (c), the words “not later than February 1, 1975” are omitted as executed. The words “prescribe regulations” are substituted for “by rule establish” for consistency in the revised title and because “rule” is synonymous with “regulation”.
Editorial Notes
References in TextThe date of enactment of the Safety Through Informed Consumers Act of 2015, referred to in subsec. (c), is the date of enactment of part II of subtitle C of title XXIV of div. B of Pub. L. 11494, which was approved Dec. 4, 2015. The date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (d)(1), is the date of enactment of title I of div. C of Pub. L. 112141, which was approved July 6, 2012. The date of enactment of this subsection, referred to in subsecs. (e)(1), (3) and (f)(1), (3), is the date of enactment of Pub. L. 11758, which was approved Nov. 15, 2021.
Amendments2021—Subsec. (a). Pub. L. 11758, § 24213(b)(1), inserted “(referred to in this section as the Secretary)” after “of Transportation” in introductory provisions. Subsecs. (e), (f). Pub. L. 11758, § 24213(b)(2), added subsecs. (e) and (f). 2015—Subsec. (c). Pub. L. 11494 added subsec. (c). 2013—Subsec. (b). Pub. L. 112252, § 2(a), inserted at end “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.” Subsec. (c). Pub. L. 112252, § 1, struck out subsec. (c). Text read as follows: “The Secretary shall prescribe regulations that require passenger motor vehicle dealers to distribute to prospective buyers information the Secretary develops and provides to the dealers that compares insurance costs for different makes and models of passenger motor vehicles based on damage susceptibility and crashworthiness.” 2012—Subsec. (a)(2). Pub. L. 112141, § 31305(b)(1), inserted “, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehicles” after “crashworthiness”. Subsec. (a)(4). Pub. L. 112141, § 31305(b)(2), struck out par. (4) which read as follows: “vehicle operating costs dependent on the characteristics referred to in clauses (1)(3) of this subsection, including insurance information obtained under section 32303 of this title.” Subsec. (d). Pub. L. 112141, § 31306, added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
RegulationsPub. L. 112252, § 1, Jan. 10, 2013, 126 Stat. 2406, provided in part that: “any regulations promulgated under such subsection [former subsec. (c) of this section] shall have no force or effect.”
New Car Assessment Program; UpdatesPub. L. 11758, div. B, title IV, § 24213(a), Nov. 15, 2021, 135 Stat. 826, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall finalize the proceeding for which comments were requested in the notice entitled New Car Assessment Program (80 Fed. Reg. 78522 (December 16, 2015)) to update the passenger motor vehicle information required under section 32302(a) of title 49, United States Code.”
Improved Vehicle Safety DatabasesPub. L. 11758, div. B, title IV, § 24217, Nov. 15, 2021, 135 Stat. 830, provided that: “Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], after consultation with frequent users of publicly available databases, the Secretary [of Transportation] shall improve public accessibility to information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases— “(1) to improve organization and functionality, including design features such as drop-down menus; “(2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that—“(A) is consistent with the public interest; and “(B) facilitates easy use by consumers; “(3) to provide greater consistency in presentation of vehicle safety issues; “(4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and “(5) to ensure nonconfidential documents and materials relating to information created or obtained by the National Highway Traffic Safety Administration are made publicly available in a manner that is—“(A) timely; and “(B) searchable in databases by any element that the Secretary determines to be in the public interest.”
Consumer GuidancePub. L. 11494, div. B, title XXIV, § 24103(d), Dec. 4, 2015, 129 Stat. 1703, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall make available to the public on the Internet detailed guidance for consumers submitting safety complaints, including— “(1) a detailed explanation of what information a consumer should include in a complaint; and “(2) a detailed explanation of the possible actions the National Highway Traffic Safety Administration can take to address a complaint and respond to the consumer, including information on—“(A) the consumer records, such as photographs and police reports, that could assist with an investigation; and “(B) the length of time a consumer should retain the records described in subparagraph (A).”
Deadline for ReportPub. L. 112252, § 2(b), Jan. 10, 2013, 126 Stat. 2406, provided that: “The Secretary of Transportation shall carry out the last sentence of section 32302(b) of title 49, United States Code, as added by subsection (a), not later than the date that is 2 years after the date of the enactment of this Act [Jan. 10, 2013].”
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# 49 U.S.C. § 32303 - Insurance information
## Text
(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. 103272, § 1(e), July 5, 1994, 108 Stat. 1036.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32303(a)15:1945(a)(d), (g).Oct. 20, 1972, Pub. L. 92513, § 205, 86 Stat. 958. 32303(b)15:1945(e). 32303(c)15:1945(f). In subsection (a), the words “carrying out this chapter” are substituted for “to enable him to carry out the purposes of this subchapter” to eliminate unnecessary words. The word “provide” is substituted for “furnish” for consistency. In subsection (a)(1), before clause (A), the words “the Secretary of Transportation may require . . . to . . . provide the Secretary with” are substituted for “shall, upon request by the Secretary . . . as the Secretary may reasonably require” to eliminate unnecessary words. The text of 15:1945(g) is omitted as surplus because of 49:322(a). The word “information” is substituted for “data” for consistency in the section. In clause (A), the words “repair costs” are substituted for “the cost of remedying the damage” to eliminate unnecessary words. In subsection (a)(2)(C), the words “State authorities and public and private agencies” are substituted for “such State and insurance regulatory agencies and other agencies and associations, both public and private” for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the word “information” is substituted for “a description of” for consistency in the section. In clause (1), the word “premiums” is substituted for “rates or premiums” because it is inclusive. In clause (2), the words “by the insurer” are added for clarity. In subsection (c), the words “identifying information” are substituted for “the name of, or other identifying information”, and the words “a witness, or an individual involved” are substituted for “a driver, an injured person, a witness, or otherwise involved” to eliminate unnecessary words. The word “accident” is substituted for “crash or collision” for consistency in this section. The words “so named or otherwise identified” are omitted as surplus.
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# 49 U.S.C. § 32304A - Consumer tire information and standards
## Text
(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,11 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).22 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. 110140, title I, § 111(a), Dec. 19, 2007, 121 Stat. 1506; amended Pub. L. 11494, div. B, title XXIV, § 24332, Dec. 4, 2015, 129 Stat. 1713.)
## Notes
Editorial Notes
References in TextThe date of enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(1), (3), is the date of enactment of subtitle A (§§ 101113) of title I of Pub. L. 110140, which was approved Dec. 19, 2007. The date of enactment of this Act, referred to in subsecs. (b)(2)(A), (c)(2)(C), and (d)(3)(A), probably means the date of enactment of Pub. L. 11494, which added subsecs. (b) to (d) and was approved Dec. 4, 2015.
Amendments2015—Pub. L. 11494, § 24332(1), which directed insertion of “AND STANDARDS” after “CONSUMER TIRE INFORMATION” in section catchline, was executed by inserting “and standards” after “Consumer tire information”, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 11494, § 24332(2)(A), substituted “Consumer Tire Information” for “Rulemaking” in heading. Subsec. (a)(1). Pub. L. 11494, § 24332(2)(B), inserted “(referred to in this section as the Secretary)” after “Secretary of Transportation”. Subsecs. (b) to (h). Pub. L. 11494, § 24332(3), (4), added subsecs. (b) to (d) and redesignated former subsecs. (b) to (e) as (e) to (h), respectively.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 49 U.S.C. § 32304B - Child safety
## Text
(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. 11758, div. B, title IV, § 24222(a)(1), Nov. 15, 2021, 135 Stat. 835.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 11758, which was approved Nov. 15, 2021.
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# 49 U.S.C. § 32305 - Information and assistance from other departments, agencies, and instrumentalities
## Text
(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. 103272, § 1(e), July 5, 1994, 108 Stat. 1040.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3230515:1943.Oct. 20, 1972, Pub. L. 92513, § 203, 86 Stat. 957. In this section, the word “independent” is omitted as surplus. In subsection (a), the words “he deems” and “his functions under” are omitted as surplus. The words “head of the” are added for consistency in the revised title and with other titles of the United States Code. The words “cooperate with the Secretary and” and “to the Department of Transportation upon request made by the Secretary” are omitted as surplus.
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# 49 U.S.C. § 32306 - Personnel
## Text
(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. 103272, § 1(e), July 5, 1994, 108 Stat. 1040.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32306(a)15:1942 (1st, 2d sentences).Oct. 20, 1972, Pub. L. 92513, § 202, 86 Stat. 956. 32306(b)15:1942 (last sentence). 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 surplus. The words “chapter 51 and subchapter III of chapter 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 because 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 TextThe 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.
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# 49 U.S.C. § 32307 - Investigative powers
## Text
(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. 103272, § 1(e), July 5, 1994, 108 Stat. 1040.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32307(a)15:1944(a)(c).Oct. 20, 1972, Pub. L. 92513, § 204, 86 Stat. 957. 32307(b)15:1944(e). 32307(c)15:1944(d). 32307(d)15:1944(f). In subsection (a), before clause (1), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions of this subchapter”, “In order to carry out the provisions of this subchapter”, and “relating to any function of the Secretary under this subchapter” for consistency. The words “or on the authorization of the Secretary, any officer or employee of the Department of Transportation” 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 “documentary evidence” and “materials and information”, for consistency and to eliminate unnecessary words. The words “relevant to the study authorized by this subchapter” are omitted as surplus. In clause (2), the word “order” is substituted for “require, by general or special orders” to eliminate unnecessary words. The words “in such form as the Secretary may prescribe” and “shall be filed with the Secretary within such reasonable period as the Secretary may prescribe” are omitted as surplus because of 49:322(a). In clause (3), the words “sit and act at such times and places” are omitted 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 proceeding 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 otherwise” are omitted as surplus. The words “or such officer or employee” are omitted for consistency with subsection (a) of this section. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words. The words “a committee of Congress authorized to have the information” are substituted for “the duly authorized committees of the Congress” for clarity.
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# 49 U.S.C. § 32308 - General prohibitions, civil penalty, and enforcement
## Text
(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 persons 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. 103272, § 1(e), July 5, 1994, 108 Stat. 1041; Pub. L. 110140, title I, § 111(b), Dec. 19, 2007, 121 Stat. 1507.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32308(a)15:1946.Oct. 20, 1972, Pub. L. 92513, §§ 206208, 86 Stat. 959. 32308(b)(1)15:1948(a). 32308(b) (2)(4)15:1948(b). 32308(c)15:1947 (1st3d sentences). 32308(d)15:1947 (last sentence). 15:1948(c). In subsection (a)(1), the words “data or” are omitted as surplus. In subsection (b)(1), the words “Each failure to provide information or comply with a regulation” are substituted 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 petition 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 unnecessary words. The words “for cause shown” are omitted as surplus. The words “and subject to the provisions 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 sentence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4).
Editorial Notes
Amendments2007—Subsecs. (c) to (e). Pub. L. 110140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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# 49 U.S.C. § 32309 - Civil penalty for labeling violations
## Text
(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. 103272, § 1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103429, § 6(31), Oct. 31, 1994, 108 Stat. 4380.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32309(a)(no source). 32309(b)15:1950(e).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 210(e); added Oct. 6, 1992, Pub. L. 102388, § 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 section. In subsection (b), the words “Each failure to attach or maintain that label” are substituted for “Such failure” for clarity.
Pub. L. 103429This 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 103272, 108 Stat. 1042).
Editorial Notes
Amendments1994—Pub. L. 103429 substituted “Civil” for “Criminal” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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# 49 U.S.C. § 32310 - New Car Assessment Program roadmap
## Text
(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 11494); 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. 11758, div. B, title IV, § 24213(c)(1), Nov. 15, 2021, 135 Stat. 827.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 11758, which was approved Nov. 15, 2021.