
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30167]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
 
Sec. 30167. Disclosure of information by the Secretary of 
        Transportation
        
    (a) Confidentiality of Information.--Information obtained under this 
chapter related to a confidential matter referred to in section 1905 of 
title 18 may be disclosed only in the following ways:
        (1) to other officers and employees carrying out this chapter.
        (2) when relevant to a proceeding under this chapter.
        (3) to the public if the confidentiality of the information is 
    preserved.
        (4) to the public when the Secretary of Transportation decides 
    that disclosure is necessary to carry out section 30101 of this 
    title.

    (b) Defect and Noncompliance Information.--Subject to subsection (a) 
of this section, 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, Sec. 1(e), July 5, 1994, 108 Stat. 970.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30167(a)..............................  15:1397(a)(1)(B) (related to     Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         15:1401(e) (1st sentence)),      108(a
)(1)(B) (related to Sec.
                                         (D) (related to                  112(e
)), (D) (related to Sec.
                                         15:1418(a)(2)(B)), (E)           158(a
)(2)), (E) (related to Sec.
                                         (related to 15:1401(e) (1st      112(e
)), 80 Stat. 722; Oct. 27, 1974,
                                         sentence)).                      Pub. 
L. 93-492, Sec.  103(a)(1)(A),
                                                                          (2), 
(3), 88 Stat. 1477, 1478.
                                        15:1401(e) (1st sentence).       Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          112(e
), 80 Stat. 725; Oct. 27, 1974,
                                                                          Pub. 
L. 93-492, Sec.  104(b), 88 Stat.
                                                                          1480.
                                        15:1402(b)(2) (1st sentence).    Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  113; added Oct. 27, 1974,
                                                                          Pub. 
L. 93-492, Sec.  105, 88 Stat.
                                                                          1480.
                                        15:1418(a)(2)(B).                Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  158(a)(2); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1476.
30167(b)..............................  15:1397(a)(1)(D) (related to
                                         15:1418(a)(2)(A), (C)).
                                        15:1418(a)(2)(A), (C).
30167(c)..............................  15:1402(a), (b)(1), (c)-(e).
30167(d)..............................  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 ``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.

                  Section Referred to in Other Sections

    This section is referred to in sections 30103, 30117, 30118 of this 
title.
