(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. § 30168. Research, testing, development, and training (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 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 Energy and Commerce and Public Works and Transportation 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 FACILITIES.-The estimated maximum cost of a facility 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. § 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; (6) enforcement actions; (7) the extent to which technical information was given the scientific community and consumer-oriented information was made available to the public; and (8) recommendations for legislation needed to promote cooperation among the States in improving traffic safety and strengthening the national traffic safety program. (b) REPORT ON IMPORTING MOTOR VEHICLES.-Not later than 18 months after regulations are first prescribed under section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit to Congress a report of the actions taken to carry out subchapter III of this chapter and the effectiveness of those actions, including any testing by the Secretary under section 30146(c)(2) of this title. After the first report, the Secretary shall submit a report to Congress under this subsection not later than July 31 of each year. |