49 U.S.C. § 30172 — Whistleblower incentives and protections

(a) Definitions. In this section:

(1) “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. This section does not define the terms “Secretary,” “Attorney General,” or “this chapter.”

(2) “Monetary sanctions” means money, including penalties and interest, ordered or agreed to be paid.

(3) “Original information” means information that—

(A) comes from an individual’s independent knowledge or analysis;

(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 based on an allegation made in a judicial or administrative action, a governmental report, a hearing, an audit, an investigation, or the news media, unless the individual is a source of the information.

(4) “Part supplier” means a manufacturer of motor vehicle equipment.

(5) “Successful resolution,” when referring to a covered action, includes any settlement or adjudication of the covered action.

(6) “Whistleblower” means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides the Secretary with original information relating to any motor vehicle defect, noncompliance, or violation or alleged violation of a notification or reporting requirement of this chapter that is likely to cause an unreasonable risk of death or serious physical injury.

(b) Awards.—

(1) In general. If the original information a whistleblower provided to the Secretary leads to the successful resolution of a covered action, the Secretary, subject to subsection (c), may pay an award or awards to one or more whistleblowers. The total amount must be—

(A) at least 10% of the collected monetary sanctions; and

(B) no more than 30% of the collected monetary sanctions.

(2) Payment of awards. Any amount payable under paragraph (1) must be paid from the monetary sanctions collected. Any monetary sanctions collected for this purpose are available to pay the award.

(c) Determination of Awards; Denial of Awards.—

(1) Determination of awards.—

(A) Discretion. The Secretary has discretion to decide whether to make an award, whom to pay, and the amount of the award, subject to subsection (b)(1).

(B) Criteria. When deciding an award under subsection (b), the Secretary must consider—

(i) if appropriate, whether the whistleblower reported or tried to report the information internally to the relevant motor vehicle manufacturer, part supplier, or dealership;

(ii) how important the whistleblower’s original information was to successfully resolving the covered action;

(iii) how much help the whistleblower and any legal representative of the whistleblower provided in the covered action; and

(iv) any additional factors the Secretary considers relevant.

(2) Denial of awards. No award under subsection (b) may be made—

(A) to a 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 a whistleblower who, without direction from the relevant motor vehicle manufacturer, part supplier, or dealership, or an agent of one of them, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter;

(C) to a whistleblower who gives the Secretary information based on the facts underlying the covered action that another whistleblower previously submitted;

(D) to a whistleblower who fails to provide the original information to the Secretary in the form that the Secretary may require by regulation; or

(E) if the relevant motor vehicle manufacturer, part supplier, or dealership has an internal reporting mechanism to protect employees from retaliation, to a whistleblower who fails to report or try to report the information internally through that mechanism, unless—

(i) the whistleblower reasonably believed that an internal report would have resulted in retaliation, despite section 30171(a);

(ii) the whistleblower reasonably believed that the information—

(I) had already been reported internally;

(II) was already the subject of, or part of, an internal inquiry or investigation; or

(III) was otherwise already known to the motor vehicle manufacturer, part supplier, or dealership; or

(iii) the Secretary has good cause to waive this requirement.

(d) Representation. A whistleblower may be represented by a lawyer.

(e) No Contract Necessary. A whistleblower does not need a contract with the Secretary to receive an award under subsection (b).

(f) Protection of Whistleblowers; Confidentiality.—

(1) In general. Despite 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 must not disclose information, including information a whistleblower provided to the Secretary, that could reasonably be expected to reveal the whistleblower’s identity. The information may be disclosed in accordance with section 552a of title 5, unless—

(A) it must be disclosed to a defendant or respondent in connection with a public proceeding started by the Secretary or by an entity described in paragraph (5);

(B) the whistleblower gives prior written consent for the information to be disclosed; or

(C) the Secretary, or another 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 another law to release the information.

(2) Redaction. The Secretary and any officer or employee of the Department of Transportation must take reasonable measures not to reveal the whistleblower’s identity when disclosing information under paragraph (1).

(3) Section 552(b)(3)(B). For purposes of section 552 of title 5, paragraph (1) of this subsection is considered a statute described in subsection (b)(3)(B) of that section.

(4) Effect. This subsection does not limit the Attorney General’s ability to present evidence to a grand jury or to share evidence with potential witnesses or defendants during an ongoing criminal investigation.

(5) Availability to government agencies.—

(A) In general. Without losing its confidential status while held by the Secretary, all information referred to in paragraph (1) may, at the Secretary’s discretion, be made available when the Secretary decides it is necessary or appropriate to accomplish the purposes of this chapter and the requirements of subparagraph (B) are followed, to—

(i) the Department of Justice; or

(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) must keep the information described in that subparagraph confidential, following the requirements in paragraph (1).

(g) Provision of False Information. A whistleblower who knowingly and intentionally makes a false, fictitious, or fraudulent statement or representation, or who makes or uses a false writing or document knowing that it contains a false, fictitious, or fraudulent statement or entry, is not entitled to an award under this section and is subject to prosecution under section 1001 of title 18.

(h) Appeals.—

(1) In general. Any decision made under this section, including a decision whether to make an award, whom to pay, or the amount of an award, is within the Secretary’s discretion.

(2) Appeals. A whistleblower may appeal any decision the Secretary makes under this section to the appropriate court of appeals of the United States no later than 30 days after the Secretary issues the decision.

(3) Review. The court must review the Secretary’s decision under section 706 of title 5.

(i) Regulation. No later than 18 months after the date this section is enacted, the Secretary must issue regulations about this section’s requirements, consistent with this section.