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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2949 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2949
To improve motor vehicle safety by encouraging the sharing of certain
information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2014
Mr. Thune (for himself, Mr. Nelson, Mr. Heller, Mrs. McCaskill, and Ms.
Klobuchar) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve motor vehicle safety by encouraging the sharing of certain
information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Safety Whistleblower
Act''.
SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``SEC. 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.
``(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) 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 of title 5, United States Code,
unless and until 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 (3). For
purposes of section 552 of title 5, United States Code, this
paragraph shall be considered a statute described in subsection
(b)(3)(B) of that section.
``(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 of
title 18.
``(i) Regulations.--Not later than 1 year after the date of
enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary
shall promulgate regulations to implement the requirements of this
section.''.
(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 of title 49, United States Code, is amended by adding at
the end the following:
``30172. Whistleblower incentives and protections.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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