[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5719-S5720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2367. Mr. THUNE (for himself, Mr. Nelson, Mr. Heller, Mrs.
McCaskill, Ms. Ayotte, Mr. Moran, and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the bill H.R. 22, to amend the Internal Revenue Code of
1986 to exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
At the end of subtitle D of title XXXIV of division C, add
the following:
PART IV--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
SEC. 34441. SHORT TITLE.
This part may be cited as the ``Motor Vehicle Safety
Whistleblower Act''.
SEC. 34442. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND
PROTECTIONS.
(a) In General.--Subchapter IV of chapter 301 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.
[[Page S5720]]
(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 is amended by adding at the end
the following:
``30172. Whistleblower incentives and protections.''.
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