Motor Vehicle Safety Whistleblower Act

To improve motor vehicle safety by encouraging the sharing of certain information. 1. Short title This Act may be cited as the Motor Vehicle Safety Whistleblower Act 2. Motor vehicle safety whistleblower incentives and protections (a) In general Subchapter IV of chapter 301 30172. Whistleblower incentives and protections (a) Definitions In this section: (1) Covered action The term covered action (2) Monetary sanctions The term monetary sanctions (3) Original information The term original information (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. (4) Part supplier The term part supplier (5) Successful resolution The term successful resolution (6) Whistleblower The term whistleblower (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) and under the regulations promulgated under subsection (i), 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; or (D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation. (d) Representation A whistleblower who makes a claim for an award under subsection (b) 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) 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, United States Code. (g) Protection of whistleblowers; confidentiality (1) In general Notwithstanding section 30167, and except as provided in paragraphs (2) and (3) 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 section 552 (2) 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. (3) Availability to government agencies (A) In general Without the loss of its status as confidential in the hands of the Secretary, all information referred 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). (h) 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 (i) Regulations Not later than 1 year after the date of enactment of the Motor Vehicle Safety Whistleblower Act . (b) Rule of construction (1) Original information Information submitted to the Secretary of Transportation by a whistleblower in accordance with the regulations to implement the requirements of section 30172, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations if that information was submitted after the date of enactment of this Act. (2) Awards A whistleblower may receive an award under section 30172, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act. (c) Conforming amendments The table of contents of subchapter IV of chapter 301 30172. Whistleblower incentives and protections. .

Summary: Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.