On Monday, March 3rd, the National Highway Transportation Safety Administration (NHTSA) published a notification of enforcement discretion in the Federal Registry, announcing their pause in enforcement of the whistleblower provisions in the Vehicle Safety Act. This decision comes in response to a Presidential Memorandum issued on January 20th that required federal agencies to pause the enforcement of recently published rules for 60 days, allowing appointed officials to review new regulations for legality and alignment with Presidential policy priorities. The Memorandum applies to any rules that had not gone into effect by the time of its issuance. As the NHTSA rules governing the Auto Safety Whistleblower Program went into effect on January 16th, they fell outside of the purview of the Memo. Despite this, the NHTSA has voluntarily halted enforcement until March 20th, 2025, potentially freezing all auto safety whistleblower award payments in the interim.
The NHTSA’s decision to pause enforcement of the Auto Safety Whistleblower Program closely follows the long-awaited publication of final rules for the program. The Auto Safety Whistleblower Program was codified into law by the passage of the FAST Act in 2016. The FAST Act required that the NHTSA publish final rules to detail the administration of the program within sixteen months. However, the NHTSA faced untenable delays in creating the rules and published them in December of 2024, nearly a decade after the passage of the FAST Act. Shortly after, the NHTSA voluntarily decided to put the critical whistleblower program on hold, a decision that could have significant implications for the auto industry.
Auto Safety whistleblowers are critical to ensuring the integrity of the auto industry and protecting the lives of Americans on the road. Auto Safety whistleblowers were responsible for uncovering the fatal Takata airbag malfunction and Toyota’s “sudden acceleration.” The FAST Act and the Motor Vehicle Safety Whistleblower Act were created in response to high-profile, deadly auto safety failures. They established the Auto Safety Whistleblower program, modeling it after highly successful SEC and IRS award programs. The Auto Safety Whistleblower Program, a crucial tool in preventing future safety failures, allows whistleblowers to collect 10-30% of sanctions recovered from the original information they voluntarily provide to the NHTSA. Despite the program’s foundational strength, the Auto Safety Whistleblower Program has only made one public award payment due to program delays and neglect.
In response to the NHTSA’s notification of enforcement discretion, the National Whistleblower Center has launched a campaign to urge supporters to take action. They are encouraged to contact their Representatives, Senators, the Department of Transportation, and the NHTSA to call for the revocation of the pause on the program.