U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–13 

Calendar No. 36 

MOTOR VEHICLE SAFETY WHISTLEBLOWER 

ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 304 

APRIL 13, 2015.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR , Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 36 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–13 

MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT 

APRIL 13, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 304] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 304) to improve motor vehicle safety 

by encouraging the sharing of certain information, having considered the same, reports favorably thereon with an amendment (in 

the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 304, the Motor Vehicle Safety Whistleblower 

Act, is to incentivize a motor vehicle manufacturer, part supplier, 

or dealership employee or contractor to voluntarily provide the Secretary of Transportation (Secretary) information relating to any 

motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement that is likely to cause unreasonable 

risk of death or serious physical injury. S. 304 would authorize the 

Secretary to pay discretionary awards to whistleblowers who contribute original information that leads to recoveries of monetary 

sanctions exceeding $1 million. 

BACKGROUND AND NEEDS

The Department of Transportation’s (DOT) National Highway 

Traffic Safety Administration (NHTSA) is the Federal agency responsible for highway traffic safety and motor vehicle safety standards. The Highway Safety Act of 1970 (84 Stat. 1739) established 

NHTSA as a successor to the National Highway Safety Bureau to 

carry out a congressional mandate to reduce the number of deaths, 


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1 As established by the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). 

2 U.S. Department of Transportation, National Highway Traffic Safety Administration, 2013 

Motor Vehicle Crashes: Overview: DOT HS 812 101, December 2014, at http://wwwnrd.nhtsa.dot.gov/Pubs/812101.pdf. 3 Christopher Jensen, ‘‘A Record Year of Recalls: Nearly 64 Million Vehicles,’’ New York 

Times, February 12, 2015, at http://www.nytimes.com/2015/02/13/business/auto-safety-recallsset-record-of-nearly-64-million-vehicles-in-2014.html. 4 U.S. Department of Transportation, National Highway Traffic Safety Administration, ‘‘U.S. 

Department of Transportation Fines Honda $70 Million for Failing to Comply with Laws That 

Safeguard the Public,’’ press release, January 8, 2015, at http://www.nhtsa.gov/About+NHTSA/ 

Press+Releases/2015/DOT-fines-Honda-$70-million. 

injuries, and economic losses resulting from motor vehicle crashes 

on the Nation’s highways.1 While traffic fatalities and injuries have 

declined over the last few decades in part due to various safety features such as seat belts, air bags, and vehicle stability control systems, in 2013, more than 32,000 Americans lost their lives in motor 

vehicle crashes and an additional 2.3 million people were injured 

in motor vehicle crashes.2

According to NHTSA, more than 63.9 million vehicles were recalled in the United States in 2014, which is nearly three times the 

number recalled in 2013.3 In addition, in 2014 NHTSA collected 

more than $126 million in civil penalties from companies, an 

amount exceeding the total amount collected by the agency in its 

entire 43-year history.4 Some high-profile recalls led to the recordnumber of recalls in 2014, including those related to the General 

Motors (GM) ignition switch defect and the Takata air bag defects, 

both of which resulted in numerous serious injuries and deaths. 

NHTSA’s Office of Defects Investigation (ODI) is charged with collecting and analyzing safety-related data and identifying potential 

defects. In 2014, Congress and the public questioned ODI’s effectiveness in light of GM’s delay in reporting the ignition switch defect, as well as the delays in investigating the Takata air bag defects. 

In 2012, the Moving Ahead for Progress in the 21st Century Act 

(MAP-21; 126 Stat. 405) put in place whistleblower protections for 

employees of motor vehicle manufacturers, part suppliers, and 

dealerships, protecting employees from discrimination or being discharged for, among other things, providing information to the employer or to DOT relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of chapter 301 of title 49, United States Code. 

S. 304 is intended to enhance the whistleblower protections in 

MAP-21 by incentivizing employees and contractors in the automotive industry to provide information about defects, instances of 

noncompliance, and motor vehicle safety reporting violations as 

early as possible to help improve automobile safety. 

SUMMARY OF PROVISIONS

S. 304, the Motor Vehicle Safety Whistleblower Act, as amended 

in Committee, would: 

∑ authorize the Secretary to pay an award to one or more whistleblowers of not more than 30 percent in total of collected monetary penalties resulting from the DOT or Department of Justice 

(DOJ) administrative or judicial action(s) brought under chapter 

301 of title 49, United States Code, that total more than $1 million, 

if original information from a whistleblower led to the action; 


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∑ apply to employees and contractors of motor vehicle manufacturers, part suppliers, and dealerships who voluntarily provide to 

the Secretary original information not known to the Secretary relating to any motor vehicle defect, noncompliance, or any violation 

of any notification or reporting requirement that is likely to cause 

unreasonable risk of death or serious physical injury; 

∑ provide for considerations relevant to the determination of 

whether, to whom, and in what amount to provide an award, as 

well as circumstances when the Secretary may deny an award; 

∑ protect the confidentiality of the whistleblowers, when appropriate; and 

∑ direct the Secretary to issue regulations on the requirements 

of the Act. 

LEGISLATIVE HISTORY

Chairman Thune originally introduced this bill in the 113th Congress on November 20, 2014, as S. 2949, with Senator Nelson as 

the lead cosponsor. That same day, the Committee held a hearing 

to examine the Takata air bag recalls, where the purpose and need 

for the bill were also discussed. On December 3, 2014, the Committee held a transportation safety nominations hearing to examine the nomination of Dr. Mark Rosekind to be Administrator of 

NHTSA, at which Senators and Dr. Rosekind discussed challenges 

facing the agency and the record number of automobile recalls. Previously in 2014, the Committee’s Subcommittee on Consumer Protection, Product Safety, and Insurance, then led by Senators 

McCaskill and Heller, held two hearings to examine the GM ignition switch recalls (on April 2, 2014, and July 17, 2014) and one 

hearing on general NHTSA oversight on September 16, 2014. 

In the 114th Congress, on January 29, 2015, Chairman Thune 

reintroduced S. 304, the Motor Vehicle Safety Whistleblower Act, 

which was referred to the Committee on Commerce, Science, and 

Transportation. The bill is cosponsored by Ranking Member Nelson 

and Senators Heller, McCaskill, Klobuchar, Ayotte, Moran, and 

Blumenthal. 

On February 26, 2015, in an open Executive Session, the Committee considered the bill, which was modified by a substitute 

amendment. The Committee, by voice vote, ordered S. 304 to be reported favorably, as amended. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 304—Motor Vehicle Safety Whistleblower Act 

Summary: S. 304 would award a portion of penalties levied on 

certain companies that manufacture motor vehicles or parts to individuals who provide information that leads to the imposition of 

those penalties (those individuals are known as whistleblowers). 

Based on information from the National Highway Traffic Safety 

Administration (NHTSA), CBO estimates that in any one year, the 

effect of enacting S. 304 would likely be small, but that over the 


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2015–2025 period, enacting S. 304 would increase direct spending 

by $3 million. Because enacting the legislation would affect direct 

spending, pay-as-you-go procedures apply. Enacting the legislation 

would not affect revenues. 

S. 304 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: CBO estimates that 

enacting S. 304 would increase direct spending by less than 

$500,000 each year and by $3 million over the 2015–2025 period. 

The costs of this legislation fall within budget function 400 (transportation). 

Basis of estimate: S. 304 would authorize the Secretary of Transportation at his discretion, to award to a whistleblower up to 30 

percent of any civil penalty that exceeds $1 million and is collected 

from a company that manufactures motor vehicles or parts with serious defects or that violates certain safety laws. Information from 

NHTSA indicates that, since 2010, the average penalty levied for 

violations of vehicle safety laws was about $10 million. Information 

from whistleblowers has rarely been used to impose those penalties 

according to NHTSA. 

Based on information from NHTSA about its historical use of information from whistleblowers, CBO expects that over the 2016– 

2025 period, one penalty will be imposed by NHTSA because of information provided by a whistleblower. Assuming a whistleblower 

is awarded 30 percent of an average sized penalty this provision 

would increase direct spending by $3 million over the 2015–2025 

period. Because CBO cannot predict the timing for when any whistleblower awards would be made, CBO estimates there is a small 

chance that such spending would occur in each of the next 10 

years. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 304, AS ORDERED REPORTED BY THE SENATE 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON FEBRUARY 26, 2015 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2015– 

2020 

2015– 

2025 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 0 0 0 0 0 0 0 0 0 0 1 3 

Intergovernmental and private-sector impact: S. 304 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal costs: Sarah Puro; Impact on 

state, local, and tribal governments: Melissa Merrell; Impact on the 

private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 304, as reported, would not impose any new regulatory requirements on businesses. However, the bill would require the Secretary to promulgate rules on the requirements of the Act. Thus, 

whistleblowers who voluntarily provide information to the Secretary would be subject to the requirements of the Act and the 

rules in order to be eligible for an award. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have an adverse 

impact on the Nation’s economy. 

PRIVACY

S. 304 is not expected to have an adverse impact on the personal 

privacy of individuals, as whistleblowers would voluntarily provide 

information to the Secretary and provisions to protect a whistleblower’s identity would continue to apply. 

PAPERWORK

S. 304 would not measurably increase paperwork requirements 

for most private individuals or businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide that the legislation may be cited as 

the ‘‘Motor Vehicle Safety Whistleblower Act.’’ 

Section 2. Motor vehicle safety whistleblower incentives and protections. 

This section would add a new section 30172 at the end of chapter 

301 of title 49, United States Code, entitled ’’Whistleblower Incentives and Protections.’’ 

Section 30172(a) would define the terms ‘‘covered action,’’ ‘‘monetary sanctions,’’ ‘‘original information,’’ ‘‘part supplier,’’ ’’successful 

resolution,’’ and ‘‘whistleblower.’’ Of particular importance, ‘‘covered 

action’’ means any administrative or judicial action, including any 

related administrative or judicial action, brought by the Secretary 

or the Attorney General under chapter 301 that, in the aggregate, 

results in monetary sanctions exceeding $1 million. 


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In addition, ‘‘whistleblower’’ would mean any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information 

relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of chapter 301 that is likely to cause unreasonable risk of 

death or serious physical injury. 

Section 30172(b) would authorize the Secretary, if the original information led to the successful resolution of a covered action, to pay 

an award or awards to one or more whistleblowers in an aggregate 

amount of not more than 30 percent, in total, of collected monetary 

sanctions exceeding $1 million. The section would make clear that 

any award would be paid from the monetary sanctions collected, 

and any monetary sanctions so collected would be available for 

such payment. The intent of this provision is to provide spending 

authority to allow the Secretary to pay such discretionary awards 

with funds collected from penalties resulting from a covered action 

for a violation under chapter 301. 

The Congressional Budget Office has estimated that the authorization under this section to pay an award to a whistleblower of not 

more than 30 percent of the collected monetary sanctions would 

technically increase direct spending. However, the Committee also 

believes that such authorization may result in the Secretary receiving more information that could potentially result in additional covered actions and also additional financial penalties than would otherwise have been possible. This would ultimately provide net 

additonal funds to the Treasury in addition to promoting increased 

vehicle safety. The Committee notes, however, that the mere receipt of original information by the Secretary is not a presumption 

that the manufacturer, part supplier, or dealership has committed 

a violation, and this authorization is not intended to change the appropriateness of a penalty for a violation, as otherwise directed 

under law. 

Section 30172(c) would outline the criteria for the Secretary to 

consider in determining an award, making clear that the determination of whether, to whom, or in what amount to make an 

award would be in the sole discretion of the Secretary. In determining whether to make an award, the Secretary would be required to take into consideration whether a whistleblower reported 

or attempted to report the information internally, as appropriate 

under the circumstances; the significance of the original information to the enforcement action; the degree of assistance provided by 

the whistleblower or the legal representative of the whistleblower; 

and additional factors the Secretary considers relevant. 

Section 30172(c) would also direct when an award should not be 

made, including denying an award to any whistleblower who is convicted of a criminal action related to the covered action; to any 

whistleblower who, acting without direction from the manufacturer, part supplier, or dealership, or agent thereof, deliberately 

causes or substantially contributes to the alleged violation; to any 

whistleblower who submitted information to the Secretary that is 

based on facts submitted previously by another whistleblower; to 

any whistleblower who submits information in the incorrect form; 

or to any whistleblower who fails to report or attempt to report the 

information internally, unless the whistleblower reasonably beVerDate Sep 11 2014 02:32 Apr 16, 2015 Jkt 049010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR013.XXX SR013

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lieved such report would have resulted in retaliation, notwithstanding section 30171(a) of title 49, United States Code, or if the 

whistleblower reasonably believed the information was already internally reported, subject to an internal inquiry or investigation, or 

otherwise known to the manufacturer, part supplier, or dealership. 

The Committee intends for whistleblower(s) to report or attempt 

to report information internally, if appropriate, in order to ensure 

that safety issues are handled as quickly as possible and to ensure 

the manufacturer is notified of a possible problem and allow the 

manufacturer the opportunity to determine whether a safety issue 

exists, including whether a defect or instance of noncompliance exists, and issue a recall. However, the Committee understands that 

there are circumstances where this may not be appropriate and the 

provision provides stated exceptions. 

Section 30172(d) would provide that a whistleblower may be represented by counsel. 

Section 30172(e) would provide that no contract with the Secretary is necessary for any whistleblower to receive an award. 

Section 30172(f) would direct the protection of the confidentiality 

of the whistleblower. Except for outlined exemptions, the Secretary 

and any officer or employee of the DOT would be prohibited from 

disclosing any information, including information provided by the 

whistleblower, which could reasonably be expected to reveal the 

identity of the whistleblower, except in accordance with the Privacy 

Act provisions under section 552a of title 5 United States Code. 

This would not apply if it is required to be disclosed in connection 

with a public proceeding. Information could also be disclosed if the 

whistleblower provides written consent to the disclosure of the information or if the Secretary also received the information through 

other channels and has authority to release such information under 

other law. However, the Secretary would be required to take reasonable measures not to reveal the identity of the whistleblower 

when disclosing information. In addition, the information may be 

shared with the DOJ or other Federal agencies as long as the other 

entities also keep the information confidential. The section would 

also ensure that nothing limits the ability of the Attorney General 

to present such evidence to a grand jury or to share such evidence 

with potential witnesses or defendants. 

Section 30172(g) would provide that a whistleblower who knowingly or willfully makes any false, fictitious, or fraudulent statements would not be entitled to an award and would be subject to 

prosecution for making false statements under section 1001 of title 

18, United States Code. The Committee stresses the importance of 

focusing agency resources on resolving safety issues and avoiding 

frivolous submissions, making it necessary to ensure that information provided to the Secretary is truthful. 

Section 30172(h) would direct that any determination made, including whether, to whom, or in what amount to make an award, 

would be at the sole discretion of the Secretary. However, any determination may be appealed by a whistleblower to the appropriate 

court of appeals. 

Section 30172(i) would direct the Secretary to issue regulations 

on the requirements of this section, consistent with this section, no 

later than 18 months after the date of enactment of this Act. 


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This section of the bill would direct that original information 

submitted to the Secretary be treated as original information if 

submitted prior to the effective date of the regulations but after the 

date of enactment of this Act. In addition, a whistleblower may receive an award regardless of whether the violation occurred prior 

to the date of enactment of this Act. A whistleblower could also receive an award even if the Secretary has not promulgated the regulations. Nevertheless, since this section limits the application of the 

Act to information submitted after the date of enactment, the Secretary may not issue an award under this Act for information previously submitted or for penalties already assessed prior to the 

date of enactment. 

This section would make a conforming amendment to the table 

of contents of subchapter IV of chapter 301 of title 49, United 

States Code. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 49. TRANSPORTATION 

SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

PART A. GENERAL

CHAPTER 301. MOTOR VEHICLE SAFETY

SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE

§ 30172. Whistleblower incentives and protections 

(a) DEFINITIONS.—In this section: 

(1) COVERED ACTION.—The term ‘‘covered action’’ means any 

administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results 

in monetary sanctions exceeding $1,000,000. 

(2) MONETARY SANCTIONS.—The term ‘‘monetary sanctions’’ 

means monies, including penalties and interest, ordered or 

agreed to be paid. 

(3) ORIGINAL INFORMATION.—The term ‘‘original information’’ 

means information that— 

(A) is derived from the independent knowledge or analysis of an individual; 

(B) is not known to the Secretary from any other source, 

unless the individual is the original source of the information; and 

(C) is not exclusively derived from an allegation made in 

a judicial or an administrative action, in a governmental 

report, a hearing, an audit, or an investigation, or from the 

news media, unless the individual is a source of the information. 


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(4) PART SUPPLIER.—The term ‘‘part supplier’’ means a manufacturer of motor vehicle equipment. 

(5) SUCCESSFUL RESOLUTION.—The term ‘‘successful resolution’’ includes any settlement or adjudication of a covered action. 

(6) WHISTLEBLOWER.—The term ‘‘whistleblower’’ means any 

employee or contractor of a motor vehicle manufacturer, part 

supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, 

noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter which is likely 

to cause unreasonable risk of death or serious physical injury. 

(b) AWARDS.— 

(1) IN GENERAL.—If the original information that a whistleblower provided to the Secretary led to the successful resolution 

of a covered action, the Secretary, subject to subsection (c), may 

pay an award or awards to 1 or more whistleblowers in an aggregate amount of not more than 30 percent, in total, of collected monetary sanctions. 

(2) PAYMENT OF AWARDS.—Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, 

and any monetary sanctions so collected shall be available for 

such payment. 

(c) DETERMINATION OF AWARDS; DENIAL OF AWARDS.— (1) DETERMINATION OF AWARDS.— (A) DISCRETION.—The determination of whether, to 

whom, or in what amount to make an award shall be in 

the discretion of the Secretary. 

(B) CRITERIA.—In determining an award made under 

subsection (b), the Secretary shall take into consideration— 

(i) if appropriate, whether a whistleblower reported 

or attempted to report the information internally to an 

applicable motor vehicle manufacturer, part supplier, 

or dealership; 

(ii) the significance of the original information provided by the whistleblower to the successful resolution 

of the covered action; 

(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and 

(iv) such additional factors as the Secretary considers relevant. 

(2) DENIAL OF AWARDS.—No award under subsection (b) shall 

be made— 

(A) to any whistleblower who is convicted of a criminal 

violation related to the covered action for which the whistleblower otherwise could receive an award under this section; 

(B) to any whistleblower who, acting without direction 

from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or 

substantially contributes to the alleged violation of a requirement of this chapter; 

(C) to any whistleblower who submits information to the 

Secretary that is based on the facts underlying the covered 

action submitted previously by another whistleblower; 


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(D) to any whistleblower who fails to provide the original 

information to the Secretary in such form as the Secretary 

may require by regulation; or 

(E) to any whistleblower who fails to report or attempt to 

report the information internally to an applicable motor vehicle manufacturer, parts supplier, or dealership, unless— 

(i) the whistleblower reasonably believed that such 

an internal report would have resulted in retaliation, 

notwithstanding section 30171(a); or 

(ii) the whistleblower reasonably believed that the information— 

(I) was already internally reported; 

(II) was already subject to or part of an internal 

inquiry or investigation; or 

(III) was otherwise already known to the motor 

vehicle manufacturer, part supplier, or dealership. 

(d) REPRESENTATION.—A whistleblower may be represented by 

counsel. 

(e) NO CONTRACT NECESSARY.—No contract with the Secretary is 

necessary for any whistleblower to receive an award under subsection (b). 

(f) PROTECTION OF WHISTLEBLOWERS; CONFIDENTIALITY.— (1) IN GENERAL.—Notwithstanding section 30167, and except 

as provided in paragraphs (4) and (5) of this subsection, the 

Secretary, and any officer or employee of the Department of 

Transportation, shall not disclose any information, including 

information provided by a whistleblower to the Secretary, which 

could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a 

of title 5, unless— 

(A) required to be disclosed to a defendant or respondent 

in connection with a public proceeding instituted by the 

Secretary or any entity described in paragraph (5); 

(B) the whistleblower provides prior written consent for 

the information to be disclosed; or 

(C) the Secretary, or other officer or employee of the Department of Transportation, receives the information 

through another source, such as during an inspection or investigation under section 30166, and has authority under 

other law to release the information. 

(2) REDACTION.—The Secretary, and any officer or employee 

of the Department of Transportation, shall take reasonable 

measures to not reveal the identity of the whistleblower when 

disclosing any information under paragraph (1). 

(3) SECTION 552(b)(3)(B).—For purposes of section 552 of title 

5, paragraph (1) of this subsection shall be considered a statute 

described in subsection (b)(3)(B) of that section. 

(4) EFFECT.—Nothing in this subsection is intended to limit 

the ability of the Attorney General to present such evidence to 

a grand jury or to share such evidence with potential witnesses 

or defendants in the course of an ongoing criminal investigation. 

(5) AVAILABILITY TO GOVERNMENT AGENCIES.— 

(A) IN GENERAL.—Without the loss of its status as confidential in the hands of the Secretary, all information reVerDate Sep 11 2014 02:32 Apr 16, 2015 Jkt 049010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\SR013.XXX SR013

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ferred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or 

appropriate to accomplish the purposes of this chapter and 

in accordance with subparagraph (B), be made available to 

the following: 

(i) The Department of Justice. 

(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction. 

(B) MAINTENANCE OF INFORMATION.—Each entity described in subparagraph (A) shall maintain information 

described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). 

(g) PROVISION OF FALSE INFORMATION.—A whistleblower who 

knowingly and willfully makes any false, fictitious, or fraudulent 

statement or representation, or who makes or uses any false writing 

or document knowing the same to contain any false, fictitious, or 

fraudulent statement or entry, shall not be entitled to an award 

under this section and shall be subject to prosecution under section 

1001 of title 18. 

(h) APPEALS.— (1) IN GENERAL.—Any determination made under this section, 

including whether, to whom, or in what amount to make an 

award, shall be in the discretion of the Secretary. 

(2) APPEALS.—Any determination made by the Secretary 

under this section may be appealed by a whistleblower to the 

appropriate court of appeals of the United States not later than 

30 days after the determination is issued by the Secretary. 

(3) REVIEW.—The court shall review the determination made 

by the Secretary in accordance with section 706 of title 5. 

(i) REGULATIONS.—Not later than 18 months after the date of enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary 

shall promulgate regulations on the requirements of this section, 

consistent with this section. 

Æ 


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