(a) Definitions.—In this section:
(1) Covered action.—
(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—
is not known to the Secretary from any other source, unless the individual is the original source of the information; and
(5) Successful resolution.—
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.
(1) In general.—If the original information that 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 in an aggregate amount of—
not less than 10 percent, in total, of collected monetary sanctions; and
not more than 30 percent, in total, of collected monetary sanctions.
(c) Determination of Awards; Denial of Awards.—
(1) Determination of awards.—
The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary subject to the provisions in subsection (b)(1).
(B) Criteria.—In determining an award made under subsection (b), the Secretary shall take into consideration—
(2) Denial of awards.—No award under subsection (b) shall be made—
(E) if the applicable motor vehicle manufacturer, parts supplier, or dealership has an internal reporting mechanism in place to protect employees from retaliation, to any whistleblower who fails to report or attempt to report the information internally through such mechanism, unless—
the whistleblower reasonably believed that such an internal report would have resulted in retaliation, notwithstanding section 30171(a);
(ii) the whistleblower reasonably believed that the information—
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—
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);
the whistleblower provides prior written consent for the information to be disclosed; or
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.
(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.
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:
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 intentionally 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.
(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.
The court shall review the determination made by the Secretary in accordance with section 706 of title 5.
Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations on the requirements of this section, consistent with this section.