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49 U.S.C. § 30172 — Whistleblower incentives and protections
Federal law — U.S. Code and appendices · legal_authorities
**(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”, with respect to a covered action, includes any settlement or adjudication of the 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 informatio
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Source location: Title 49, Chapter 301, § 30172; chapter-301-motor-vehicle-safety.md
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**(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”, with respect to a covered action, includes any settlement or adjudication of the 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 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—
(A) not less than 10 percent, in total, of collected monetary sanctions; and
(B) 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 subject to the provisions in subsection (b)(1).
(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) 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—
(i) 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—
(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; or
(iii) the Secretary has good cause to waive this requirement.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim).
**(i) Regulation.—** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
**(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
**(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
**(b)** The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
**(c)**
(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.
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Federal law — U.S. Code and appendices · legal_authorities
Page 807
TITLE 49—TRANSPORTATION
§ 30172
person’s agent), deliberately causes a violation
of any requirement relating to motor vehicle
safety under this chapter.
(Added Pub. L. 112–141, div. C, title I, § 31307(a),
July 6, 2012, 126 Stat. 765.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2012, see section 3(a) of Pub.
L. 112–141, set out as an Effective and Termination
Dates of 2012 Amendment note under section 101 of
Title 23, Highways.
§ 30172. Whistleblower incentives and protections
(a) DEFINITIONS.—In this section:
(1) COVERED ACTION.—The term ‘‘covered ac-
tion’’ means any administrative or judicial ac-
tion, 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 ‘‘mone-
tary sanctions’’ means monies, including pen-
alties and interest, ordered or agreed to be
paid.
(3) ORIGINAL INFORMATION.—The term ‘‘origi-
nal information’’ means information that—
(A) is derived from the independent knowl-
edge 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 alle-
gation made in a judicial or an administra-
tive 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 sup-
plier’’ means a manufacturer of motor vehicle
equipment.
(5) SUCCESSFUL RESOLUTION.—The term ‘‘suc-
cessful resolution’’, with respect to a covered
action, includes any settlement or adjudica-
ti
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