[Senate Report 114-13]
[From the U.S. Government Publishing Office]
Calendar No. 36
114th Congress } { Report
SENATE
1st Session } { 114-13
_______________________________________________________________________
MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 304
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 13, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR , Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 36
114th Congress } { Report
SENATE
1st Session } { 114-13
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MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
_______
April 13, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 304]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 304) to improve motor vehicle
safety by encouraging the sharing of certain information,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 304, the Motor Vehicle Safety
Whistleblower Act, is to incentivize a motor vehicle
manufacturer, part supplier, or dealership employee or
contractor to voluntarily provide the Secretary of
Transportation (Secretary) information relating to any motor
vehicle defect, noncompliance, or any violation of any
notification or reporting requirement that is likely to cause
unreasonable risk of death or serious physical injury. S. 304
would authorize the Secretary to pay discretionary awards to
whistleblowers who contribute original information that leads
to recoveries of monetary sanctions exceeding $1 million.
Background and Needs
The Department of Transportation's (DOT) National Highway
Traffic Safety Administration (NHTSA) is the Federal agency
responsible for highway traffic safety and motor vehicle safety
standards. The Highway Safety Act of 1970 (84 Stat. 1739)
established NHTSA as a successor to the National Highway Safety
Bureau to carry out a congressional mandate to reduce the
number of deaths, injuries, and economic losses resulting from
motor vehicle crashes on the Nation's highways.\1\ While
traffic fatalities and injuries have declined over the last few
decades in part due to various safety features such as seat
belts, air bags, and vehicle stability control systems, in
2013, more than 32,000 Americans lost their lives in motor
vehicle crashes and an additional 2.3 million people were
injured in motor vehicle crashes.\2\
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\1\As established by the National Traffic and Motor Vehicle Safety
Act of 1966 (80 Stat. 718).
\2\U.S. Department of Transportation, National Highway Traffic
Safety Administration, 2013 Motor Vehicle Crashes: Overview: DOT HS 812
101, December 2014, at http://www-nrd.nhtsa.dot.gov/Pubs/812101.pdf.
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According to NHTSA, more than 63.9 million vehicles were
recalled in the United States in 2014, which is nearly three
times the number recalled in 2013.\3\ In addition, in 2014
NHTSA collected more than $126 million in civil penalties from
companies, an amount exceeding the total amount collected by
the agency in its entire 43-year history.\4\ Some high-profile
recalls led to the record-number of recalls in 2014, including
those related to the General Motors (GM) ignition switch defect
and the Takata air bag defects, both of which resulted in
numerous serious injuries and deaths. NHTSA's Office of Defects
Investigation (ODI) is charged with collecting and analyzing
safety-related data and identifying potential defects. In 2014,
Congress and the public questioned ODI's effectiveness in light
of GM's delay in reporting the ignition switch defect, as well
as the delays in investigating the Takata air bag defects.
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\3\Christopher Jensen, ``A Record Year of Recalls: Nearly 64
Million Vehicles,'' New York Times, February 12, 2015, at http://
www.nytimes.com/2015/02/13/business/auto-safety-recalls-set-record-of-
nearly-64-million-vehicles-in-2014.html.
\4\U.S. Department of Transportation, National Highway Traffic
Safety Administration, ``U.S. Department of Transportation Fines Honda
$70 Million for Failing to Comply with Laws That Safeguard the
Public,'' press release, January 8, 2015, at http://www.nhtsa.gov/
About+NHTSA/Press+Releases/2015/DOT-fines-Honda-$70-million.
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In 2012, the Moving Ahead for Progress in the 21st Century
Act (MAP-21; 126 Stat. 405) put in place whistleblower
protections for employees of motor vehicle manufacturers, part
suppliers, and dealerships, protecting employees from
discrimination or being discharged for, among other things,
providing information to the employer or to DOT relating to any
motor vehicle defect, noncompliance, or any violation or
alleged violation of any notification or reporting requirement
of chapter 301 of title 49, United States Code. S. 304 is
intended to enhance the whistleblower protections in MAP-21 by
incentivizing employees and contractors in the automotive
industry to provide information about defects, instances of
noncompliance, and motor vehicle safety reporting violations as
early as possible to help improve automobile safety.
Summary of Provisions
S. 304, the Motor Vehicle Safety Whistleblower Act, as
amended in Committee, would:
authorize the Secretary to pay an award to one or
more whistleblowers of not more than 30 percent in total of
collected monetary penalties resulting from the DOT or
Department of Justice (DOJ) administrative or judicial
action(s) brought under chapter 301 of title 49, United States
Code, that total more than $1 million, if original information
from a whistleblower led to the action;
apply to employees and contractors of motor
vehicle manufacturers, part suppliers, and dealerships who
voluntarily provide to the Secretary original information not
known to the Secretary relating to any motor vehicle defect,
noncompliance, or any violation of any notification or
reporting requirement that is likely to cause unreasonable risk
of death or serious physical injury;
provide for considerations relevant to the
determination of whether, to whom, and in what amount to
provide an award, as well as circumstances when the Secretary
may deny an award;
protect the confidentiality of the whistleblowers,
when appropriate; and
direct the Secretary to issue regulations on the
requirements of the Act.
Legislative History
Chairman Thune originally introduced this bill in the 113th
Congress on November 20, 2014, as S. 2949, with Senator Nelson
as the lead cosponsor. That same day, the Committee held a
hearing to examine the Takata air bag recalls, where the
purpose and need for the bill were also discussed. On December
3, 2014, the Committee held a transportation safety nominations
hearing to examine the nomination of Dr. Mark Rosekind to be
Administrator of NHTSA, at which Senators and Dr. Rosekind
discussed challenges facing the agency and the record number of
automobile recalls. Previously in 2014, the Committee's
Subcommittee on Consumer Protection, Product Safety, and
Insurance, then led by Senators McCaskill and Heller, held two
hearings to examine the GM ignition switch recalls (on April 2,
2014, and July 17, 2014) and one hearing on general NHTSA
oversight on September 16, 2014.
In the 114th Congress, on January 29, 2015, Chairman Thune
reintroduced S. 304, the Motor Vehicle Safety Whistleblower
Act, which was referred to the Committee on Commerce, Science,
and Transportation. The bill is cosponsored by Ranking Member
Nelson and Senators Heller, McCaskill, Klobuchar, Ayotte,
Moran, and Blumenthal.
On February 26, 2015, in an open Executive Session, the
Committee considered the bill, which was modified by a
substitute amendment. The Committee, by voice vote, ordered S.
304 to be reported favorably, as amended.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 304--Motor Vehicle Safety Whistleblower Act
Summary: S. 304 would award a portion of penalties levied
on certain companies that manufacture motor vehicles or parts
to individuals who provide information that leads to the
imposition of those penalties (those individuals are known as
whistleblowers). Based on information from the National Highway
Traffic Safety Administration (NHTSA), CBO estimates that in
any one year, the effect of enacting S. 304 would likely be
small, but that over the 2015-2025 period, enacting S. 304
would increase direct spending by $3 million. Because enacting
the legislation would affect direct spending, pay-as-you-go
procedures apply. Enacting the legislation would not affect
revenues.
S. 304 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: CBO estimates
that enacting S. 304 would increase direct spending by less
than $500,000 each year and by $3 million over the 2015-2025
period. The costs of this legislation fall within budget
function 400 (transportation).
Basis of estimate: S. 304 would authorize the Secretary of
Transportation at his discretion, to award to a whistleblower
up to 30 percent of any civil penalty that exceeds $1 million
and is collected from a company that manufactures motor
vehicles or parts with serious defects or that violates certain
safety laws. Information from NHTSA indicates that, since 2010,
the average penalty levied for violations of vehicle safety
laws was about $10 million. Information from whistleblowers has
rarely been used to impose those penalties according to NHTSA.
Based on information from NHTSA about its historical use of
information from whistleblowers, CBO expects that over the
2016-2025 period, one penalty will be imposed by NHTSA because
of information provided by a whistleblower. Assuming a
whistleblower is awarded 30 percent of an average sized penalty
this provision would increase direct spending by $3 million
over the 2015-2025 period. Because CBO cannot predict the
timing for when any whistleblower awards would be made, CBO
estimates there is a small chance that such spending would
occur in each of the next 10 years.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 304, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON FEBRUARY 26,
2015
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By fiscal year, in millions of dollars--
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2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2015-2020 2015-2025
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NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 0 0 0 0 0 0 0 0 0 0 1 3
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Intergovernmental and private-sector impact: S. 304
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Sarah Puro; Impact on
state, local, and tribal governments: Melissa Merrell; Impact
on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 304, as reported, would not impose any new regulatory
requirements on businesses. However, the bill would require the
Secretary to promulgate rules on the requirements of the Act.
Thus, whistleblowers who voluntarily provide information to the
Secretary would be subject to the requirements of the Act and
the rules in order to be eligible for an award.
economic impact
Enactment of this legislation is not expected to have an
adverse impact on the Nation's economy.
privacy
S. 304 is not expected to have an adverse impact on the
personal privacy of individuals, as whistleblowers would
voluntarily provide information to the Secretary and provisions
to protect a whistleblower's identity would continue to apply.
paperwork
S. 304 would not measurably increase paperwork requirements
for most private individuals or businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the legislation may be
cited as the ``Motor Vehicle Safety Whistleblower Act.''
Section 2. Motor vehicle safety whistleblower incentives
and protections.
This section would add a new section 30172 at the end of
chapter 301 of title 49, United States Code, entitled
''Whistleblower Incentives and Protections.''
Section 30172(a) would define the terms ``covered action,''
``monetary sanctions,'' ``original information,'' ``part
supplier,'' ''successful resolution,'' and ``whistleblower.''
Of particular importance, ``covered action'' means any
administrative or judicial action, including any related
administrative or judicial action, brought by the Secretary or
the Attorney General under chapter 301 that, in the aggregate,
results in monetary sanctions exceeding $1 million.
In addition, ``whistleblower'' would mean 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 chapter 301 that is
likely to cause unreasonable risk of death or serious physical
injury.
Section 30172(b) would authorize the Secretary, if the
original information led to the successful resolution of a
covered action, to pay an award or awards to one or more
whistleblowers in an aggregate amount of not more than 30
percent, in total, of collected monetary sanctions exceeding $1
million. The section would make clear that any award would be
paid from the monetary sanctions collected, and any monetary
sanctions so collected would be available for such payment. The
intent of this provision is to provide spending authority to
allow the Secretary to pay such discretionary awards with funds
collected from penalties resulting from a covered action for a
violation under chapter 301.
The Congressional Budget Office has estimated that the
authorization under this section to pay an award to a
whistleblower of not more than 30 percent of the collected
monetary sanctions would technically increase direct spending.
However, the Committee also believes that such authorization
may result in the Secretary receiving more information that
could potentially result in additional covered actions and also
additional financial penalties than would otherwise have been
possible. This would ultimately provide net additonal funds to
the Treasury in addition to promoting increased vehicle safety.
The Committee notes, however, that the mere receipt of original
information by the Secretary is not a presumption that the
manufacturer, part supplier, or dealership has committed a
violation, and this authorization is not intended to change the
appropriateness of a penalty for a violation, as otherwise
directed under law.
Section 30172(c) would outline the criteria for the
Secretary to consider in determining an award, making clear
that the determination of whether, to whom, or in what amount
to make an award would be in the sole discretion of the
Secretary. In determining whether to make an award, the
Secretary would be required to take into consideration whether
a whistleblower reported or attempted to report the information
internally, as appropriate under the circumstances; the
significance of the original information to the enforcement
action; the degree of assistance provided by the whistleblower
or the legal representative of the whistleblower; and
additional factors the Secretary considers relevant.
Section 30172(c) would also direct when an award should not
be made, including denying an award to any whistleblower who is
convicted of a criminal action related to the covered action;
to any whistleblower who, acting without direction from the
manufacturer, part supplier, or dealership, or agent thereof,
deliberately causes or substantially contributes to the alleged
violation; to any whistleblower who submitted information to
the Secretary that is based on facts submitted previously by
another whistleblower; to any whistleblower who submits
information in the incorrect form; or to any whistleblower who
fails to report or attempt to report the information
internally, unless the whistleblower reasonably believed such
report would have resulted in retaliation, notwithstanding
section 30171(a) of title 49, United States Code, or if the
whistleblower reasonably believed the information was already
internally reported, subject to an internal inquiry or
investigation, or otherwise known to the manufacturer, part
supplier, or dealership.
The Committee intends for whistleblower(s) to report or
attempt to report information internally, if appropriate, in
order to ensure that safety issues are handled as quickly as
possible and to ensure the manufacturer is notified of a
possible problem and allow the manufacturer the opportunity to
determine whether a safety issue exists, including whether a
defect or instance of noncompliance exists, and issue a recall.
However, the Committee understands that there are circumstances
where this may not be appropriate and the provision provides
stated exceptions.
Section 30172(d) would provide that a whistleblower may be
represented by counsel.
Section 30172(e) would provide that no contract with the
Secretary is necessary for any whistleblower to receive an
award.
Section 30172(f) would direct the protection of the
confidentiality of the whistleblower. Except for outlined
exemptions, the Secretary and any officer or employee of the
DOT would be prohibited from disclosing any information,
including information provided by the whistleblower, which
could reasonably be expected to reveal the identity of the
whistleblower, except in accordance with the Privacy Act
provisions under section 552a of title 5 United States Code.
This would not apply if it is required to be disclosed in
connection with a public proceeding. Information could also be
disclosed if the whistleblower provides written consent to the
disclosure of the information or if the Secretary also received
the information through other channels and has authority to
release such information under other law. However, the
Secretary would be required to take reasonable measures not to
reveal the identity of the whistleblower when disclosing
information. In addition, the information may be shared with
the DOJ or other Federal agencies as long as the other entities
also keep the information confidential. The section would also
ensure that nothing limits the ability of the Attorney General
to present such evidence to a grand jury or to share such
evidence with potential witnesses or defendants.
Section 30172(g) would provide that a whistleblower who
knowingly or willfully makes any false, fictitious, or
fraudulent statements would not be entitled to an award and
would be subject to prosecution for making false statements
under section 1001 of title 18, United States Code. The
Committee stresses the importance of focusing agency resources
on resolving safety issues and avoiding frivolous submissions,
making it necessary to ensure that information provided to the
Secretary is truthful.
Section 30172(h) would direct that any determination made,
including whether, to whom, or in what amount to make an award,
would be at the sole discretion of the Secretary. However, any
determination may be appealed by a whistleblower to the
appropriate court of appeals.
Section 30172(i) would direct the Secretary to issue
regulations on the requirements of this section, consistent
with this section, no later than 18 months after the date of
enactment of this Act.
This section of the bill would direct that original
information submitted to the Secretary be treated as original
information if submitted prior to the effective date of the
regulations but after the date of enactment of this Act. In
addition, a whistleblower may receive an award regardless of
whether the violation occurred prior to the date of enactment
of this Act. A whistleblower could also receive an award even
if the Secretary has not promulgated the regulations.
Nevertheless, since this section limits the application of the
Act to information submitted after the date of enactment, the
Secretary may not issue an award under this Act for information
previously submitted or for penalties already assessed prior to
the date of enactment.
This section would make a conforming amendment to the table
of contents of subchapter IV of chapter 301 of title 49, United
States Code.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART A. GENERAL
CHAPTER 301. MOTOR VEHICLE SAFETY
SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE
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.
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