[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[Senate]
[Pages 5658-5659]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 36, S. 304.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 304) to improve motor vehicle safety by 
     encouraging the sharing of certain information.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                                 S. 304

     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;

[[Page 5659]]

       ``(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.''.

  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to; the bill, as 
amended, be read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 304), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.



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