US Code 49 chapter 301 sec 30182

§ 30181

TITLE 49—TRANSPORTATION

(iii) to provide compensatory damages to
the complainant.
(C) ATTORNEYS’ FEES.—If such an order is
issued under this paragraph, the Secretary,
at the request of the complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate
amount of all costs and expenses (including
attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, bringing the complaint upon
which the order was issued.
(D) FRIVOLOUS COMPLAINTS.—If the Secretary determines that a complaint under
paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may
award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.
(E) DE NOVO REVIEW.—With respect to a
complaint under paragraph (1), if the Secretary has not issued a final decision within
210 days after the filing of the complaint and
if the delay is not due to the bad faith of the
employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the
United States, which shall have jurisdiction
over such an action without regard to the
amount in controversy, and which action
shall, at the request of either party to the
action, be tried by the court with a jury. The
action shall be governed by the same legal
burdens of proof specified in paragraph (2)(B)
for review by the Secretary.
(4) REVIEW.—
(A) APPEAL TO COURT OF APPEALS.—Any
person adversely affected or aggrieved by an
order issued under paragraph (3) may obtain
review of the order in the United States
Court of Appeals for the circuit in which the
violation, with respect to which the order
was issued, allegedly occurred or the circuit
in which the complainant resided on the
date of such violation. The petition for review shall be filed not later than 60 days
after the date of the issuance of the final
order of the Secretary. Review shall conform
to chapter 7 of title 5. The commencement of
proceedings under this subparagraph shall
not, unless ordered by the court, operate as
a stay of the order.
(B) LIMITATION ON COLLATERAL ATTACK.—
An order of the Secretary with respect to
which review could have been obtained
under subparagraph (A) shall not be subject
to judicial review in any criminal or other
civil proceeding.
(5) ENFORCEMENT OF ORDER BY SECRETARY.—
Whenever any person fails to comply with an
order issued under paragraph (3), the Secretary may file a civil action in the United
States district court for the district in which
the violation was found to occur to enforce
such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief, including
injunctive relief and compensatory damages.
(6) ENFORCEMENT OF ORDER BY PARTIES.—
(A) COMMENCEMENT OF ACTION.—A person
on whose behalf an order was issued under

Page 604

paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such
order. The appropriate United States district court shall have jurisdiction, without
regard to the amount in controversy or the
citizenship of the parties, to enforce such
order.
(B) ATTORNEY FEES.—The court, in issuing
any final order under this paragraph, may
award costs of litigation (including reasonable attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
(c) MANDAMUS.—Any nondiscretionary duty
imposed under this section shall be enforceable
in a mandamus proceeding brought under section 1361 of title 28.
(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection (a) shall not apply with respect to an employee of a motor vehicle manufacturer, part supplier, or dealership who, acting
without direction from such motor vehicle manufacturer, part supplier, or dealership (or such
person’s agent), deliberately causes a violation
of any requirement relating to motor vehicle
safety under this chapter.
(Added Pub. L. 112–141, div. C, title I, § 31307(a),
July 6, 2012, 126 Stat. 765.)
EFFECTIVE DATE
Section effective Oct. 1, 2012, see section 3(a) of Pub.
L. 112–141, set out as an Effective and Termination
Dates of 2012 Amendment note under section 101 of
Title 23, Highways.

SUBCHAPTER V—MOTOR VEHICLE SAFETY
RESEARCH AND DEVELOPMENT
§ 30181. Policy
The Secretary of Transportation shall conduct
research, development, and testing on any area
or aspect of motor vehicle safety necessary to
carry out this chapter.
(Added Pub. L. 112–141, div. C, title I, § 31204(a),
July 6, 2012, 126 Stat. 759.)
EFFECTIVE DATE
Section effective Oct. 1, 2012, see section 3(a) of Pub.
L. 112–141, set out as an Effective and Termination
Dates of 2012 Amendment note under section 101 of
Title 23, Highways.

§ 30182. Powers and duties
(a) IN GENERAL.—The Secretary of Transportation shall—
(1) conduct motor vehicle safety research,
development, and testing programs and activities, including activities related to new and
emerging technologies that impact or may impact motor vehicle safety;
(2) collect and analyze all types of motor vehicle and highway safety data and related information to determine the relationship between motor vehicle or motor vehicle equipment performance characteristics and—
(A) accidents involving motor vehicles;
and
(B) deaths or personal injuries resulting
from those accidents.

Page 605

§ 30301

TITLE 49—TRANSPORTATION

(b) ACTIVITIES.—In carrying out a program
under this section, the Secretary of Transportation may—
(1) promote, support, and advance the education and training of motor vehicle safety
staff of the National Highway Traffic Safety
Administration in motor vehicle safety research programs and activities, including
using program funds for planning, implementing, conducting, and presenting results of program activities, and for related expenses;
(2) obtain experimental and other motor vehicles and motor vehicle equipment for research or testing;
(3)(A) use any test motor vehicles and motor
vehicle equipment suitable for continued use,
as determined by the Secretary to assist in
carrying out this chapter or any other chapter
of this title; or
(B) sell or otherwise dispose of test motor
vehicles and motor vehicle equipment and use
the resulting proceeds to carry out this chapter;
(4) award grants to States and local governments, interstate authorities, and nonprofit
institutions; and
(5) enter into cooperative agreements, collaborative research, or contracts with Federal
agencies, interstate authorities, State and
local governments, other public entities, private organizations and persons, nonprofit institutions, colleges and universities, consumer
advocacy groups, corporations, partnerships,
sole proprietorships, trade associations, Federal laboratories (including governmentowned, government-operated laboratories and
government-owned, contractor-operated laboratories), and research organizations.
(c) USE OF PUBLIC AGENCIES.—In carrying out
this subchapter, the Secretary shall avoid duplication by using the services, research, and testing facilities of public agencies, as appropriate.
(d) FACILITIES.—The Secretary may plan, design, and construct a new facility or modify an
existing facility to conduct research, development, and testing in traffic safety, highway
safety, and motor vehicle safety. An expenditure
of more than $1,500,000 for planning, design, or
construction may be made only if 60 days prior
notice of the planning, design, or construction is
provided to the Committees on Science, Space,
and Technology 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. The notice shall include—
(1) a brief description of the facility being
planned, designed, or constructed;
(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.
(e) INCREASING COSTS OF APPROVED
TIES.—The estimated maximum cost of a

FACILIfacility
noticed under subsection (d) may be increased
by an amount equal to the percentage increase

in construction costs from the date the notice 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 notice. The Secretary shall decide
what increase in construction costs has occurred.
(f) 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. The owner of a background patent
may not be deprived of a right under the patent.
(Added Pub. L. 112–141, div. C, title I, § 31204(a),
July 6, 2012, 126 Stat. 759.)
EFFECTIVE DATE
Section effective Oct. 1, 2012, see section 3(a) of Pub.
L. 112–141, set out as an Effective and Termination
Dates of 2012 Amendment note under section 101 of
Title 23, Highways.

§ 30183. Prohibition on certain disclosures
Any report of the National Highway Traffic
Safety Administration, or of any officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any
highway traffic accident or the investigation of
such accident conducted pursuant to this chapter or section 403 of title 23, may be made available to the public only in a manner that does
not identify individuals.
(Added Pub. L. 112–141, div. C, title I, § 31204(a),
July 6, 2012, 126 Stat. 760.)
EFFECTIVE DATE
Section effective Oct. 1, 2012, see section 3(a) of Pub.
L. 112–141, set out as an Effective and Termination
Dates of 2012 Amendment note under section 101 of
Title 23, Highways.

CHAPTER 303—NATIONAL DRIVER REGISTER
Sec.

30301.
30302.
30303.
30304.
30305.
30306.
30307.
30308.

Definitions.
National Driver Register.
State participation.
Reports by chief driver licensing officials.
Access to Register information.
National Driver Register Advisory Committee.
Criminal penalties.
Authorization of appropriations.

§ 30301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given
that term in regulations prescribed by the
Secretary of Transportation.
(2) ‘‘chief driver licensing official’’ means
the official in a State who is authorized to—
(A) maintain a record about a motor vehicle operator’s license issued by the State;
and
(B) issue, deny, revoke, suspend, or cancel
a motor vehicle operator’s license issued by
the State.
(3) ‘‘controlled substance’’ has the same
meaning given that term in section 102 of the