text: 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) 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.
              ``(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; or
                      ``(D) to any whistleblower who fails to provide the 
                  original information to the Secretary in such form as 
                  the Secretary may require by regulation.
      ``(d) Representation.--A whistleblower who makes a claim for an 
  award under subsection (b) 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) 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, United States Code.
      ``(g) Protection of Whistleblowers; Confidentiality.--
              ``(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.
              ``(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.
              ``(3) 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).
      ``(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.
      ``(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.''.
      (b) Rule of Construction.--
              (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.
              (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.
      (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.''.
target: Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.
feat_title: Motor Vehicle Safety Whistleblower Act