[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