[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Reported in Senate (RS)]

                                                        Calendar No. 36
114th CONGRESS
  1st Session
                                 S. 304

                          [Report No. 114-13]

 To improve motor vehicle safety by encouraging the sharing of certain 
                              information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2015

  Mr. Thune (for himself, Mr. Nelson, Mr. Heller, Mrs. McCaskill, Ms. 
 Klobuchar, Ms. Ayotte, Mr. Moran, and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             April 13, 2015

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Motor Vehicle Safety 
Whistleblower Act''.</DELETED>

<DELETED>SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND 
              PROTECTIONS.</DELETED>

<DELETED>    (a) In General.--Subchapter IV of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 30172. Whistleblower incentives and 
              protections</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Monetary sanctions.--The term `monetary 
        sanctions' means monies, including penalties and interest, 
        ordered or agreed to be paid.</DELETED>
        <DELETED>    ``(3) Original information.--The term `original 
        information' means information that--</DELETED>
                <DELETED>    ``(A) is derived from the independent 
                knowledge or analysis of an individual;</DELETED>
                <DELETED>    ``(B) is not known to the Secretary from 
                any other source, unless the individual is the original 
                source of the information; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Part supplier.--The term `part supplier' 
        means a manufacturer of motor vehicle equipment.</DELETED>
        <DELETED>    ``(5) Successful resolution.--The term `successful 
        resolution' includes any settlement or adjudication of a 
        covered action.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Awards.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Determination of Awards; Denial of Awards.--
</DELETED>
        <DELETED>    ``(1) Determination of awards.--</DELETED>
                <DELETED>    ``(A) Discretion.--The determination of 
                whether, to whom, or in what amount to make an award 
                shall be in the discretion of the Secretary.</DELETED>
                <DELETED>    ``(B) Criteria.--In determining an award 
                made under subsection (b), the Secretary shall take 
                into consideration--</DELETED>
                        <DELETED>    ``(i) if appropriate, whether a 
                        whistleblower reported or attempted to report 
                        the information internally to an applicable 
                        motor vehicle manufacturer, part supplier, or 
                        dealership;</DELETED>
                        <DELETED>    ``(ii) the significance of the 
                        original information provided by the 
                        whistleblower to the successful resolution of 
                        the covered action;</DELETED>
                        <DELETED>    ``(iii) the degree of assistance 
                        provided by the whistleblower and any legal 
                        representative of the whistleblower in the 
                        covered action; and</DELETED>
                        <DELETED>    ``(iv) such additional factors as 
                        the Secretary considers relevant.</DELETED>
        <DELETED>    ``(2) Denial of awards.--No award under subsection 
        (b) shall be made--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) to any whistleblower who fails to 
                provide the original information to the Secretary in 
                such form as the Secretary may require by 
                regulation.</DELETED>
<DELETED>    ``(d) Representation.--A whistleblower who makes a claim 
for an award under subsection (b) may be represented by 
counsel.</DELETED>
<DELETED>    ``(e) No Contract Necessary.--No contract with the 
Secretary is necessary for any whistleblower to receive an award under 
subsection (b).</DELETED>
<DELETED>    ``(f) Appeals.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Review.--The court shall review the 
        determination made by the Secretary in accordance with section 
        706 of title 5, United States Code.</DELETED>
<DELETED>    ``(g) Protection of Whistleblowers; Confidentiality.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Availability to government agencies.--
        </DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) The Department of 
                        Justice.</DELETED>
                        <DELETED>    ``(ii) An appropriate department 
                        or agency of the Federal Government, acting 
                        within the scope of its jurisdiction.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Rule of Construction.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``30172. Whistleblower incentives and protections.''.

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), 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;
                    ``(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 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).
    ``(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.''.
    (b) Rule of Construction.--
            (1) Original information.--Information submitted to the 
        Secretary of Transportation by a whistleblower in accordance 
        with the requirements of section 30172 of title 49, 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 of title 49, United States Code, regardless of 
        whether the violation underlying the covered action occurred 
        prior to the date of enactment of this Act, and may receive an 
        award prior to the Secretary of Transportation promulgating the 
        regulations under section 30172(i) of that title.
    (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.''.
                                                        Calendar No. 36

114th CONGRESS

  1st Session

                                 S. 304

                          [Report No. 114-13]

_______________________________________________________________________

                                 A BILL

 To improve motor vehicle safety by encouraging the sharing of certain 
                              information.

_______________________________________________________________________

                             April 13, 2015

                       Reported with an amendment