Appendix D - Vehicle Safety Act Section 30168 Title 49 Chapter 301

§ 30168

TITLE 49—TRANSPORTATION

the Secretary shall disclose information obtained under this chapter related to a defect or
noncompliance that the Secretary decides will
assist in carrying out sections 30117(b) and
30118–30121 of this title or that is required to be
disclosed under section 30118(a) of this title. A
requirement to disclose information under this
subsection is in addition to the requirements of
section 552 of title 5.
(c) INFORMATION ABOUT MANUFACTURER’S INCREASED COSTS.—A manufacturer opposing an
action of the Secretary under this chapter because of increased cost shall submit to the Secretary information about the increased cost, including the manufacturer’s cost and the cost to
retail purchasers, that allows the public and the
Secretary to evaluate the manufacturer’s statement. The Secretary shall evaluate the information promptly and, subject to subsection (a) of
this section, shall make the information and
evaluation available to the public. The Secretary shall publish a notice in the Federal Register that the information is available.
(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section does not authorize information to be withheld from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 970.)
HISTORICAL AND REVISION NOTES
Revised
Section
30167(a) ......

Source (U.S. Code)

Source (Statutes at Large)

15:1397(a)(1)(B) (related to 15:1401(e)
(1st sentence)),
(D) (related to
15:1418(a)(2)(B)),
(E) (related to
15:1401(e) (1st sentence)).
15:1401(e) (1st sentence).

Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(1)(B) (related to
§ 112(e)), (D) (related to
§ 158(a)(2)), (E) (related to
§ 112(e)), 80 Stat. 722; Oct.
27, 1974, Pub. L. 93–492,
§ 103(a)(1)(A), (2), (3), 88
Stat. 1477, 1478.
Sept. 9, 1966, Pub. L. 89–563,
§ 112(e), 80 Stat. 725; Oct.
27, 1974, Pub. L. 93–492,
§ 104(b), 88 Stat. 1480.
Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 113; added
Oct. 27, 1974, Pub. L.
93–492, § 105, 88 Stat. 1480.
Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 158(a)(2);
added Oct. 27, 1974, Pub. L.
93–492, § 102(a), 88 Stat.
1476.

15:1402(b)(2) (1st sentence).
15:1418(a)(2)(B).

30167(b) ......

30167(c) ......
30167(d) ......

15:1397(a)(1)(D) (related to
15:1418(a)(2)(A),
(C)).
15:1418(a)(2)(A), (C).
15:1402(a), (b)(1),
(c)–(e).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(e) (last
sentence)).
15:1401(e) (last sentence).
15:1402(b)(2) (last
sentence).

In this section, the text of 15:1397(a)(1)(B) (related to
15:1401(e)), (D) (related to 15:1418(a)(2)), and (E) (related
to 15:1401(e)) is omitted as surplus.
In subsection (a), before clause (1), the words ‘‘Except
as otherwise provided in section 1418(a)(2) and section
1402(b) of this title’’ in 15:1401(e) (1st sentence) are
omitted, and the words ‘‘Information obtained under
this chapter related to a confidential matter’’ are substituted for ‘‘all information reported to or otherwise
obtained by the Secretary or his representative pursuant to this subchapter which information contains or
relates to a trade secret or other matter’’ in 15:1401(e)
(1st sentence) and ‘‘described in subparagraph (A)’’ in
15:1418(a)(2)(B), because of the restatement. The words

Page 576

‘‘shall be considered confidential for the purpose of
that section’’ are omitted as surplus. The words ‘‘may
be disclosed only in the following ways’’ are substituted for ‘‘except that such information may be disclosed’’ in 15:1401(e) (1st sentence) and 15:1402(b)(2) (1st
sentence) and ‘‘and shall not be disclosed; unless’’ in
15:1418(a)(2)(B) to eliminate unnecessary words. Clause
(3) is substituted for 15:1402(b)(2) (1st sentence words before 2d comma) to eliminate unnecessary words.
In subsection (b), the words ‘‘Subject to’’ are substituted for ‘‘Except as provided in’’ for consistency.
The words ‘‘to the public so much of any’’ and ‘‘which
is’’ are omitted as surplus. The words ‘‘which relates to
motor vehicle safety’’ and ‘‘with an applicable Federal
motor vehicle safety standard’’ are omitted because of
the restatement. The words ‘‘the purposes of’’ and ‘‘and
not in lieu of’’ are omitted as surplus.
In subsection (c), the words ‘‘For purposes of this section, the term ‘cost information’ means’’ and ‘‘such
cost information’’ are omitted because of the restatement. The words ‘‘alleged’’, ‘‘both’’, and ‘‘resulting
from action by the Secretary, in such form’’ are omitted as surplus. The words ‘‘Such term includes’’ are
omitted because of the restatement. The words ‘‘to
evaluate’’ are substituted for ‘‘to make an informed
judgment’’ to eliminate unnecessary words and for consistency in the subsection. The words ‘‘(in such detail
as the Secretary may by regulation or order prescribe)’’
are omitted as surplus because of 49:322(a). The word
‘‘thereafter’’ is omitted as surplus. The word ‘‘evaluate’’ is substituted for ‘‘prepare an evaluation of’’ to
eliminate unnecessary words. The words ‘‘The Secretary’’ are added for clarity. The text of 15:1402(d) is
omitted as surplus because of 49:322(a). The text of
15:1402(e) is omitted as surplus because of the restatement.
In subsection (d), the words ‘‘by the Secretary or any
officer or employee under his control’’ and ‘‘duly’’ are
omitted as surplus. The words ‘‘to have the information’’ are added for clarity.

§ 30168. Research,
training

testing,

development,

and

(a) GENERAL AUTHORITY.—(1) The Secretary of
Transportation shall conduct research, testing,
development, and training necessary to carry
out this chapter. The research, development,
testing, and training shall include—
(A) collecting information to determine the
relationship between motor vehicle or motor
vehicle equipment performance characteristics and—
(i) accidents involving motor vehicles; and
(ii) the occurrence of death or personal injury resulting from those accidents;
(B) obtaining experimental and other motor
vehicles and motor vehicle equipment for research or testing; and
(C) selling or otherwise disposing of test
motor vehicles and motor vehicle equipment
and crediting the proceeds to current appropriations available to carry out this chapter.
(2) The Secretary may carry out this subsection through grants to States, interstate authorities, and nonprofit institutions.
(b) USE OF PUBLIC AGENCIES.—In carrying out
this chapter, the Secretary shall use the services, research, and testing facilities of public
agencies to the maximum extent practicable to
avoid duplication.
(c) FACILITIES.—The Secretary may plan, design, and build a new facility or modify an existing facility to conduct research, development,
and testing in traffic safety, highway safety, and

Page 577

motor vehicle safety. An expenditure of more
than $100,000 for planning, design, or construction may be made only if the planning, design,
or construction is approved by substantially
similar resolutions by the Committees on Commerce and Transportation and Infrastructure of
the House of Representatives and the Committees on Commerce, Science, and Transportation
and Environment and Public Works of the Senate. To obtain that approval, the Secretary shall
submit to Congress a prospectus on the proposed
facility. The prospectus shall include—
(1) a brief description of the facility being
planned, designed, or built;
(2) the location of the facility;
(3) an estimate of the maximum cost of the
facility;
(4) a statement identifying private and public agencies that will use the facility and the
contribution each agency will make to the
cost of the facility; and
(5) a justification of the need for the facility.
(d) INCREASING COSTS OF APPROVED
TIES.—The estimated maximum cost of a

FACILIfacility
approved under subsection (c) of this section
may be increased by an amount equal to the percentage increase in construction costs from the
date the prospectus is submitted to Congress.
However, the increase in the cost of the facility
may not be more than 10 percent of the estimated maximum cost included in the prospectus. The Secretary shall decide what increase in
construction costs has occurred.
(e) AVAILABILITY OF INFORMATION, PATENTS,
AND DEVELOPMENTS.—When the United States
Government makes more than a minimal contribution to a research or development activity
under this chapter, the Secretary shall include
in the arrangement for the activity a provision
to ensure that all information, patents, and developments related to the activity are available
to the public. However, the owner of a background patent may not be deprived of a right
under the patent.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 971;
Pub. L. 104–287, § 5(58), Oct. 11, 1996, 110 Stat.
3394.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 30169

TITLE 49—TRANSPORTATION

Source (U.S. Code)

30168(a) ......

15:1395(a), (b).

30168(b) ......
30168(c) ......

15:1406.
15:1431(a).

30168(d) ......
30168(e) ......

15:1431(b).
15:1395(c).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§§ 106, 118, 80 Stat. 721, 728.
Sept. 9, 1966, Pub. L. 89–563,
§ 301, 80 Stat. 729; restated
May 22, 1970, Pub. L.
91–265, § 7, 84 Stat. 263.

In subsection (a)(1), before clause (A), the words ‘‘the
purposes of’’ and ‘‘but not limited to’’ are omitted as
surplus. In clause (A), before subclause (i), the words
‘‘from any source’’ are omitted as surplus. In clause
(B), the words ‘‘(by negotiation or otherwise)’’ and
‘‘purposes’’ are omitted as surplus. In clause (C), the
word ‘‘crediting’’ is substituted for ‘‘reimbursing’’ because it is more appropriate. The words ‘‘of such sale or
disposal’’ and ‘‘the purposes of’’ are omitted as surplus.
In subsection (a)(2), the words ‘‘conduct research,
testing, development, and training as authorized to be
. . . for the conduct of such research, testing, development, and training’’ are omitted as surplus. The word

‘‘authorities’’ is substituted for ‘‘agencies’’ for consistency.
In subsection (b), the words ‘‘in order’’ are omitted as
surplus.
In subsection (c), before clause (1), the word ‘‘suitable’’ is omitted as surplus. The word ‘‘testing’’ is substituted for ‘‘compliance and other testing’’ to eliminate unnecessary words. The words ‘‘An expenditure of
more than $100,000 . . . may be made only’’ are substituted for ‘‘except that no appropriation shall be
made . . . involving an expenditure in excess of
$100,000’’ as being more precise and to eliminate unnecessary words. The words ‘‘substantially similar resolutions’’ are substituted for ‘‘resolutions adopted in substantially the same form’’ to eliminate unnecessary
words. The words ‘‘Energy and Commerce’’ are substituted for ‘‘Interstate and Foreign Commerce’’, and
the words ‘‘Public Works and Transportation’’ are substituted for ‘‘Public Works’’, to conform to the amendments made to House Rule X changing the names of
those committees. The words ‘‘Commerce, Science, and
Transportation’’ are substituted for ‘‘Commerce’’, and
the words ‘‘Environment and Public Works’’ are substituted for ‘‘Public Works’’, to conform to the amendments made to Senate Rule XXV changing the names
of those committees. The words ‘‘To obtain that’’ are
substituted for ‘‘For the purpose of securing consideration of such’’ to eliminate unnecessary words. The
words ‘‘The prospectus shall include’’ are substituted
for ‘‘including’’ for clarity. The words ‘‘(but not limited
to)’’ are omitted as surplus. In clause (5), the words
‘‘statement of’’ are omitted as surplus.
In subsection (d), the words ‘‘if any’’ are omitted as
surplus. The words ‘‘in the cost of the facility’’ are substituted for ‘‘authorized by this subsection’’, and the
words ‘‘The Secretary shall decide what increase in
construction costs has occurred’’ are substituted for
‘‘as determined by the Secretary’’, for clarity.
In subsection (e), the words ‘‘United States Government’’ are substituted for ‘‘Federal’’ for consistency.
The words ‘‘arrangement for the activity’’ are substituted for ‘‘contract, grant, or other arrangement for
such research or development activity’’, and the words
‘‘patents, and developments’’ are substituted for ‘‘uses,
processes, patents, and other developments’’, to eliminate unnecessary words. The words ‘‘encouraging
motor vehicle safety’’, ‘‘effective’’, ‘‘fully and freely’’,
and ‘‘general’’ are omitted as surplus. The word ‘‘However’’ is added for clarity. The words ‘‘may not be’’ are
substituted for ‘‘Nothing herein shall be construed to’’
for consistency. The words ‘‘which he may have’’ are
omitted as surplus.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–287 substituted ‘‘Committees on Commerce and Transportation and Infrastructure’’ for ‘‘Committees on Energy and Commerce
and Public Works and Transportation’’.

§ 30169. Annual reports
(a) GENERAL REPORT.—The Secretary of Transportation shall submit to the President to submit to Congress on July 1 of each year a report
on the administration of this chapter for the
prior calendar year. The report shall include—
(1) a thorough statistical compilation of accidents and injuries;
(2) motor vehicle safety standards in effect
or prescribed under this chapter;
(3) the degree of observance of the standards;
(4) a summary of current research grants
and contracts and a description of the problems to be considered under those grants and
contracts;
(5) an analysis and evaluation of research activities completed and technological progress
achieved;