#aadth ,,congress #ast ,session ,s4 #cjd ,,an ,,act ,to improve motor vehicle safety by encouraging the sharing of certain information4 #a4 ,short title ,this ,act may be cited as the ,motor ,vehicle ,safety ,whistleblower ,act4 #b4 ,motor vehicle safety whistleblower incentives and protections 7a7 ,in general ,subchapter ,,iv of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjagb4 ,whistleblower incentives and protections 7a7 ,definitions ,in this section3 7#a7 ,covered action ,the term covered action means any administrative or judicial action1 including any related administrative or judicial action1 brought by the ,secretary or the ,attorney ,general under this chapter that in the aggregate results in monetary sanctions exceeding #a1jjj1jjj4 7#b7 ,monetary sanctions ,the term monetary sanctions means monies1 including penalties and interest1 ordered or agreed to be paid4 7#c7 ,original information ,the term original information means information that-- 7,a7 is derived from the independent knowledge or analysis of an individual2 7,b7 is not known to the ,secretary from any other source1 unless the individual is the original source of the information2 and 7,c7 is not exclusively derived from an allegation made in a judicial or an administrative action1 in a governmental report1 a hearing1 an audit1 or an investigation1 or from the news media1 unless the individual is a source of the information4 7#d7 ,part supplier ,the term part supplier means a manufacturer of motor vehicle equipment4 7#e7 ,successful resolution ,the term successful resolution includes any settlement or adjudication of a covered action4 7#f7 ,whistleblower ,the term whistleblower means any employee or contractor of a motor vehicle manufacturer1 part supplier1 or dealership who voluntarily provides to the ,secretary original information relating to any motor vehicle defect1 noncompliance1 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 injury4 7b7 ,awards 7#a7 ,in general ,if the original information that a whistleblower provided to the ,secretary led to the successful resolution of a covered action1 the ,secretary1 subject to subsection 7c71 may pay an award or awards to #a or more whistleblowers in an aggregate amount of not more than #cj percent1 in total1 of collected monetary sanctions4 7#b7 ,payment of awards ,any amount payable under paragraph 7#a7 shall be paid from the monetary sanctions collected1 and any monetary sanctions so collected shall be available for such payment4 7c7 ,determination of awards2 denial of awards 7#a7 ,determination of awards 7,a7 ,discretion ,the determination of whether1 to whom1 or in what amount to make an award shall be in the discretion of the ,secretary4 7,b7 ,criteria ,in determining an award made under subsection 7b71 the ,secretary shall take into consideration-- 7i7 if appropriate1 whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer1 part supplier1 or dealership2 7ii7 the significance of the original information provided by the whistleblower to the successful resolution of the covered action2 7iii7 the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action2 and 7iv7 such additional factors as the ,secretary considers relevant4 7#b7 ,denial of awards ,no award under subsection 7b7 shall be made-- 7,a7 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 section2 7,b7 to any whistleblower who1 acting without direction from an applicable motor vehicle manufacturer1 part supplier1 or dealership1 or agent thereof1 deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter2 7,c7 to any whistleblower who submits information to the ,secretary that is based on the facts underlying the covered action submitted previously by another whistleblower2 7,d7 to any whistleblower who fails to provide the original information to the ,secretary in such form as the ,secretary may require by regulation2 or 7,e7 to any whistleblower who fails to report or attempt to report the information internally to an applicable motor vehicle manufacturer1 parts supplier1 or dealership1 unless-- 7i7 the whistleblower reasonably believed that such an internal report would have resulted in retaliation1 notwithstanding section #cjaga7;a72 or 7ii7 the whistleblower reasonably believed that the information-- 7,i7 was already internally reported2 7,,ii7 was already subject to or part of an internal inquiry or investigation2 or 7,,iii7 was otherwise already known to the motor vehicle manufacturer1 part supplier1 or dealership4 7d7 ,representation ,a whistleblower may be represented by counsel4 7e7 ,no contract necessary ,no contract with the ,secretary is necessary for any whistleblower to receive an award under subsection 7b74 7f7 ,protection of whistleblowers2 confidentiality 7#a7 ,in general ,notwithstanding section #cjafg1 and except as provided in paragraphs 7#d7 and 7#e7 of this subsection1 the ,secretary1 and any officer or employee of the ,department of ,transportation1 shall not disclose any information1 including information provided by a whistleblower to the ,secretary1 which could reasonably be expected to reveal the identity of a whistleblower1 except in accordance with the provisions of section #eeb;a of title #e1 unless-- 7,a7 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 7#e72 7,b7 the whistleblower provides prior written consent for the information to be disclosed2 or 7,c7 the ,secretary1 or other officer or employee of the ,department of ,transportation1 receives the information through another source1 such as during an inspection or investigation under section #cjaff1 and has authority under other law to release the information4 7#b7 ,redaction ,the ,secretary1 and any officer or employee of the ,department of ,transportation1 shall take reasonable measures to not reveal the identity of the whistleblower when disclosing any information under paragraph 7#a74 7#c7 ,section #eeb7;b77#c77;,b7 ,for purposes of section #eeb of title #e1 paragraph 7#a7 of this subsection shall be considered a statute described in subsection 7b77#c77;,b7 of that section4 7#d7 ,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 investigation4 7#e7 ,availability to government agencies 7,a7 ,in general ,without the loss of its status as confidential in the hands of the ,secretary1 all information referred to in paragraph 7#a7 may1 in the discretion of the ,secretary1 when determined by the ,secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph 7,b71 be made available to the following3 7i7 ,the ,department of ,justice4 7ii7 ,an appropriate department or agency of the ,federal ,government1 acting within the scope of its jurisdiction4 7,b7 ,maintenance of information ,each entity described in subparagraph 7,a7 shall maintain information described in that subparagraph as confidential1 in accordance with the requirements in paragraph 7#a74 7g7 ,provision of false information ,a whistleblower who knowingly and willfully makes any false1 fictitious1 or fraudulent statement or representation1 or who makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry1 shall not be entitled to an award under this section and shall be subject to prosecution under section #ajja of title #ah4 7h7 ,appeals 7#a7 ,in general ,any determination made under this section1 including whether1 to whom1 or in what amount to make an award1 shall be in the discretion of the ,secretary4 7#b7 ,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 #cj days after the determination is issued by the ,secretary4 7#c7 ,review ,the court shall review the determination made by the ,secretary in accordance with section #gjf of title #e4 7i7 ,regulations ,not later than #ah months after the date of enactment of the ,motor ,vehicle ,safety ,whistleblower ,act1 the ,secretary shall promulgate regulations on the requirements of this section1 consistent with this section4 4 7b7 ,rule of construction 7#a7 ,original information ,information submitted to the ,secretary of ,transportation by a whistleblower in accordance with the requirements of section #cjagb of title #di1 ,united ,states ,code1 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 ,act4 7#b7 ,awards ,a whistleblower may receive an award under section #cjagb of title #di1 ,united ,states ,code1 regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this ,act1 and may receive an award prior to the ,secretary of ,transportation promulgating the regulations under section #cjagb7;i7 of that title4 7c7 ,conforming amendments ,the table of contents of subchapter ,,iv of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjagb4 ,whistleblower incentives and protections4 4 ,passed the ,senate ,april #bh1 #bjae4,secretary