
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: 49USC32307]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                    CHAPTER 323--CONSUMER INFORMATION
 
Sec. 32307. Investigative powers

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

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32307(a)..............................  15:1944(a)-(c).                  Oct. 2
0, 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.
