US (United States) Code. Title 49. Subtitle VI. Part C. Chapter 323: Consumer information

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Motor vehicle and driver programs

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-CITE-

49 USC CHAPTER 323 - CONSUMER INFORMATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

CHAPTER 323 - CONSUMER INFORMATION

-MISC1-

Sec.

32301. Definitions.

32302. Passenger motor vehicle information.

32303. Insurance information.

32304. Passenger motor vehicle country of origin labeling.

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.

AMENDMENTS

1994 - Pub. L. 103-429, Sec. 6(28), Oct. 31, 1994, 108 Stat.

4380, substituted "Civil" for "Criminal" in item 32309.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 2721.

-End-

-CITE-

49 USC Sec. 32301 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32301. Definitions

-STATUTE-

In this chapter -

(1) "crashworthiness" means the protection a passenger motor

vehicle gives its passengers against personal injury or death

from a motor vehicle accident.

(2) "damage susceptibility" means the susceptibility of a

passenger motor vehicle to damage in a motor vehicle accident.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1035.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32301 15:1901(13), (14). Oct. 20, 1972, Pub. L.

92-513, Sec. 2(13), (14), 86

Stat. 948; Dec. 22, 1975,

Pub. L. 94-163, Sec. 301, 89

Stat. 901; Oct. 10, 1980,

Pub. L. 96-425, Sec.

8(a)(2), 94 Stat. 1828; Oct.

25, 1984, Pub. L. 98-547,

Sec. 101(b), 98 Stat. 2767.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 32302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32302. Passenger motor vehicle information

-STATUTE-

(a) Information Program. - The Secretary of Transportation shall

maintain a program for developing the following information on

passenger motor vehicles:

(1) damage susceptibility.

(2) crashworthiness.

(3) the degree of difficulty of diagnosis and repair of damage

to, or failure of, mechanical and electrical systems.

(4) 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.

(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.

(c) Insurance Cost Information. - 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1035.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32302(a) 15:1941(c) Oct. 20, 1972, Pub. L.

(19th-60th words). 92-513, Sec. 201(c), (e), 86

Stat. 956.

15:1941(d) Oct. 20, 1972, Pub. L.

(1st-13th words). 92-513, Sec. 201(d), 86

Stat. 956; July 14, 1976,

Pub. L. 94-364, Sec. 201, 90

Stat. 981.

32302(b) 15:1941(c)

(1st-18th and

61st-last words),

(d) (14th-last

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".

-End-

-CITE-

49 USC Sec. 32303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32303. Insurance information

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1036.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32303(a) 15:1945(a)-(d), (g). Oct. 20, 1972, Pub. L.

92-513, Sec. 205, 86 Stat.

958.

32303(b) 15:1945(e).

32303(c) 15:1945(f).

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32302 of this title.

-End-

-CITE-

49 USC Sec. 32304 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32304. Passenger motor vehicle country of origin labeling

-STATUTE-

(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 content" 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 content

purchased from outside suppliers, with the determination of the

United States/Canadian origin or of the foreign content 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 content 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, and

distributed in commerce for sale in the United States, shall

establish each year for each model year and cause to be attached in

a prominent place on each of those vehicles, at least one label.

The label shall contain the following information:

(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 content".

(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 content 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

content 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 content 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 content 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 content 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 content 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 content 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 content 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 content of passenger motor vehicles

obtained for its own use.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1036; Pub. L.

103-429, Sec. 6(29), (30), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

105-178, title VII, Sec. 7106(d), June 9, 1998, 112 Stat. 467.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32304(a) 15:1950(f). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

210(b)-(d), (f), (g), added

Oct. 6, 1992, Pub. L.

102-388, Sec. 355, 106 Stat.

1556, 1557.

32304(b)( 15:1950(b)(1) (less

1), (2) words between 1st

and 2d commas), (2).

32304(b)(3) 15:1950(b)(3).

32304(c) 15:1950(b)(1)

(words between 1st

and 2d commas).

32304(d) 15:1950(c).

32304(e) 15:1950(d).

32304(f) 15:1950(g).

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In this section, the words "passenger motor vehicle" and

"vehicle" are substituted for "automobile" because the defined

terms used in the operative provisions of the law being restated

are "passenger motor vehicle" and "new passenger motor vehicle".

The words "final assembly place" are substituted for "final

assembly point" for clarity and consistency in the revised title

and with other titles of the United States Code.

In subsection (a)(2)(A)(i), the word "given" is substituted for

"denoting" for clarity. The words "passenger motor" are added for

clarity and consistency in the revised section.

In section (a)(2)(A)(ii), the words "decor or opulence" are

substituted for "decor of opulence" for clarity.

In subsection (a)(3), before subclause (A), the words "from which

the largest share of the dollar value added to . . . has

originated" are substituted for "in which 50 percent or more of the

dollar value added of . . . originated. If no country accounts for

50 percent or more of the dollar value, then the country of origin

is the country from which the largest share of the value added

originated" for clarity and to eliminate unnecessary words. In

subclause (A), the word "with" is substituted for "For the purpose

of determining the country of origin for engines and transmissions"

are omitted as unnecessary.

In subsection (a)(4), the word "possession" is added for clarity

and consistency in the revised title and with other titles of the

Code.

In subsection (a)(5), the words "in such a condition" are omitted

as surplus.

In subsection (a)(6), the words "United States/Canadian origin"

are substituted for "U.S./Canadian origin" for consistency with the

defined term restated in the revised section. The word "foreign" is

omitted as being included in "foreign content".

In subsection (a)(9), before subclause (A), the words "originated

in the United States and Canada" and "U.S./Canadian origin" are

omitted as unnecessary because of the defined term "of United

States/Canadian origin". In subclause (A), the words "passenger

motor vehicle equipment whose purchase price contains" are

substituted for "the purchase price of automotive equipment which

contains" for clarity. In subclause (B), the words "that part of

the individual passenger motor vehicle equipment whose purchase

price the manufacturer determines remains after subtracting the

total of the purchase price of all material of foreign content

purchased from outside suppliers" are substituted for "the

manufacturer shall determine the foreign content of any passenger

motor vehicle equipment supplied by the allied supplier by adding

up the purchase price of all foreign material purchased from

outside suppliers that comprise the individual passenger motor

vehicle equipment and subtracting such purchase price from the

total purchase price of such equipment" for clarity.

In subsection (a)(10), the word "person" is substituted for

"anyone" for clarity and consistency in the revised title.

In subsection (a)(11), the words "a motor vehicle with motive

power, manufactured primarily for use on public streets, roads, and

highways, and designed to carry not more than 12 individuals . . .

not including . . . a motorcycle; or . . . a truck not designed

primarily to carry its operator or passengers" are substituted for

"has the meaning provided in section 1901(1) of this title" for

clarity.

In subsection (a)(13), before subclause (A), the words "the

percentage remaining after subtracting" are substituted for "the

resulting percentage when . . . is subtracted" for clarity.

In subsection (a)(15), before subclause (A), the words " 'Value

added' equals" are omitted as unnecessary because of the

restatement.

The text of 15:1950(f)(2) is omitted as unnecessary because of

1:1. The text of 15:1950(f)(8) is omitted because the complete

title of the Secretary of Transportation is used the first time the

term appears in a section.

In subsection (b)(1)(A), the words "to which that vehicle

belongs" are added for clarity.

In subsection (b)(3), the text of 15:1950(b)(3) (1st sentence) is

omitted as unnecessary because of the source provisions restated in

this subsection.

Subsection (c) is substituted for "and each dealer shall cause to

be maintained" for clarity and because of the restatement.

In subsection (e), the words "passenger motor vehicle equipment"

are substituted for "a component" for clarity and for consistency

with the defined term. The text of 15:1950(d) (last sentence) is

omitted as unnecessary because of section 32308 of the revised

title. The words "foreign content" are substituted for "foreign"

for clarity and consistency with the defined term.

PUB. L. 103-429, SEC. 6(29)

This amends 32304(a)(11) to clarify the restatement of

15:1950(f)(3) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1038).

PUB. L. 103-429, SEC. 6(30)

This amends 49:32304(a)(14) to reflect the inclusion of the

Northern Mariana Islands and the exclusion of the Canal Zone. The

words "the Northern Mariana Islands" are added because of section

502(a)(2) of the Covenant to Establish a Commonwealth of the

Northern Mariana Islands in Political Union with the United States

of America, as enacted by the Act of March 24, 1976 (Public Law

94-241, 90 Stat. 268), and as proclaimed to be in effect by the

President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42

F.R. 56593). The words "the Canal Zone" are omitted because of the

Panama Canal Treaty of 1977.

AMENDMENTS

1998 - Subsec. (a)(3)(B). Pub. L. 105-178, Sec. 7106(d)(1)(A),

inserted before period at end ", plus the assembly and labor costs

incurred for the final assembly of such engines and transmissions".

Subsec. (a)(5). Pub. L. 105-178, Sec. 7106(d)(1)(B), inserted at

end "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."

Subsec. (a)(9)(A). Pub. L. 105-178, Sec. 7106(d)(1)(C), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "for an outside supplier, passenger motor vehicle

equipment whose purchase price contains at least 70 percent value

added in the United States and Canada; and".

Subsec. (c). Pub. L. 105-178, Sec. 7106(d)(3), added subsec. (c).

Former subsec. (c) redesignated (f).

Subsec. (d). Pub. L. 105-178, Sec. 7106(d)(4), added subsec. (d).

Former subsec. (d) redesignated (g).

Pub. L. 105-178, Sec. 7106(d)(2), inserted at end "A manufacturer

may add to the label required under subsection (b) a line stating

the country in which vehicle assembly was completed."

Subsec. (e). Pub. L. 105-178, Sec. 7106(d)(5), added subsec. (e).

Former subsec. (e) redesignated (h).

Subsecs. (f) to (i). Pub. L. 105-178, Sec. 7106(d)(3),

redesignated subsecs. (c) to (f) as (f) to (i), respectively.

1994 - Subsec. (a)(11). Pub. L. 103-429, Sec. 6(29), amended par.

(11) generally. Prior to amendment, par. (11) read as follows: "

'passenger motor vehicle' means a motor vehicle with motive power,

manufactured primarily for use on public streets, roads, and

highways, and designed to carry not more than 12 individuals -

"(A) including a multipurpose vehicle or light duty truck when

the vehicle or truck is rated at not more than 8,500 pounds gross

vehicle weight; but

"(B) not including -

"(i) a motorcycle;

"(ii) a truck not designed primarily to carry its operator or

passengers; or

"(iii) a vehicle operated only on a rail line."

Subsec. (a)(14). Pub. L. 103-429, Sec. 6(30), inserted "the

Northern Mariana Islands," after "Puerto Rico," and struck out "the

Canal Zone," after "Guam,".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32309 of this title.

-End-

-CITE-

49 USC Sec. 32305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32305. Information and assistance from other departments,

agencies, and instrumentalities

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1040.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32305 15:1943. Oct. 20, 1972, Pub. L.

92-513, Sec. 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.

-End-

-CITE-

49 USC Sec. 32306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32306. Personnel

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1040.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32306(a) 15:1942 (1st, 2d Oct. 20, 1972, Pub. L.

sentences). 92-513, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointment in the

competitive service, referred to in subsec. (a)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-End-

-CITE-

49 USC Sec. 32307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32307. Investigative powers

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1040.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32307(a) 15:1944(a)-(c). Oct. 20, 1972, Pub. L.

92-513, Sec. 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.

-End-

-CITE-

49 USC Sec. 32308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32308. General prohibitions, civil penalty, and enforcement

-STATUTE-

(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) 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.

(d) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1041.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32308(a) 15:1946. Oct. 20, 1972, Pub. L.

92-513, Secs. 206-208, 86

Stat. 959.

32308(b)(1) 15:1948(a).

32308(b) 15:1948(b).

(2)-(4)

32308(c) 15:1947 (1st-3d

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).

-End-

-CITE-

49 USC Sec. 32309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 323 - CONSUMER INFORMATION

-HEAD-

Sec. 32309. Civil penalty for labeling violations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1042; Pub. L.

103-429, Sec. 6(31), Oct. 31, 1994, 108 Stat. 4380.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32309(a) (no source).

32309(b) 15:1950(e). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

210(e); added Oct. 6, 1992,

Pub. L. 102-388, Sec. 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. 103-429

This amends the catchline for 49:32309 to correct an error in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 1042).

AMENDMENTS

1994 - Pub. L. 103-429 substituted "Civil" for "Criminal" in

section catchline.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-