[Congressional Record Volume 168, Number 190 (Wednesday, December 7, 2022)]
[Senate]
[Pages S7037-S7038]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CERTAIN WHISTLEBLOWER INCENTIVES AND PROTECTIONS
Ms. HASSAN. Mr. President, I ask unanimous consent that the Committee
on Banking, Housing, and Urban Affairs be discharged from further
consideration of S. 3316 and the Senate proceed to its immediate
consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3316) to provide for certain whistleblower
incentives and protections.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Ms. HASSAN. I ask unanimous consent that the Grassley substitute
amendment be considered and agreed to and the bill be considered read a
third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 6507), in the nature of a substitute, was agreed
to as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Money Laundering
Whistleblower Improvement Act''.
SEC. 2. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) In General.--Section 5323 of title 31, United States
Code, as amended by section 6314 of the Anti-Money Laundering
Act of 2020 (division F of Public Law 116-283) is amended by
striking subsection (b) and inserting the following:
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary,
under regulations prescribed by the Secretary, in
consultation with the Attorney General and subject to
subsection (c), shall pay an award or awards to 1 or more
whistleblowers who voluntarily provided original information
to the employer of the individual, the Secretary, or the
Attorney General, as applicable, that led to the successful
enforcement of the covered judicial or administrative action,
or related action, in an aggregate amount equal to--
[[Page S7038]]
``(A) not less than 10 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions; and
``(B) not more than 30 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions.
``(2) Payment of awards.--
``(A) In general.--Any amount paid under paragraph (1)
shall be paid from the Fund established under paragraph (3).
``(B) Related actions.--The Secretary may pay awards less
than the amount described in paragraph (1)(A) for related
actions in which a whistleblower may be paid by another
whistleblower award program.
``(3) Source of awards.--
``(A) In general.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the Financial Integrity Fund (referred to in this subsection
as the `Fund').
``(B) Use of fund.--The Fund shall be available to the
Secretary, without further appropriation or fiscal year
limitations, only for the payment of awards to whistleblowers
as provided in subsection (b).
``(C) Restrictions on use of fund.--The Fund shall not be
available to pay any personnel or administrative expenses.
``(4) Deposits and credits.--
``(A) In general.--There shall be deposited into or
credited to the Fund an amount equal to--
``(i) any monetary sanction collected by the Secretary or
Attorney General in any judicial or administrative action
under this title, chapter 35 or section 4305 or 4312 of title
50, or the Foreign Narcotics Kingpin Designation Act (21
U.S.C. 1901 et seq.), unless the balance of the Fund at the
time the monetary sanction is collected exceeds $300,000,000;
and
``(ii) all income from investments made under paragraph
(5).
``(B) Additional amounts.--If the amounts deposited into or
credited to the Fund under subparagraph (A) are not
sufficient to satisfy an award made under this subsection,
there shall be deposited into or credited to the Fund an
amount equal to the unsatisfied portion of the award from any
monetary sanction collected by the Secretary of the Treasury
or Attorney General in the covered judicial or administrative
action on which the award is based.
``(C) Exception.--No amounts to be deposited or transferred
into the United States Victims of State Sponsored Terrorism
Fund pursuant to the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144) or the Crime
Victims Fund pursuant section 1402 of the Victims of Crime
Act of 1984 (34 U.S.C. 20101) shall be deposited into or
credited to the Fund.
``(5) Investments.--
``(A) Amounts in fund may be invested.--The Secretary of
the Treasury may invest the portion of the Fund that is not
required to meet the current needs of the Fund.
``(B) Eligible investments.--Investments shall be made by
the Secretary of the Treasury in obligations of the United
States or obligations that are guaranteed as to principal and
interest by the United States, with maturities suitable to
the needs of the Fund as determined by the Secretary.
``(C) Interest and proceeds credited.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to, and form a part of,
the Fund.''.
(b) Technical and Conforming Amendments.--Section 5323 of
title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (5), by striking ``this
subchapter or subchapter III'' each place the term appears
and inserting ``this subchapter, chapter 35 or section 4305
or 4312 of title 50, the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.), or .), and for
conspiracies to violate the aforementioned provisions''; and
(B) in paragraph (4)--
(i) by inserting ``covered'' after ``respect to any'';
(ii) by striking ``under this subchapter or subchapter
III''; and
(iii) by striking ``action by the Secretary or the Attorney
General'' and inserting ``covered action'';
(2) in subsection (c)(1)(B)(iii)--
(A) by striking ``subchapter and subchapter III'' and
inserting ``this subchapter, chapter 35 or section 4305 or
4312 of title 50, and the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.)''; and
(B) by striking ``either such subchapter'' and inserting
``the covered judicial or administrative action''; and
(3) in subsection (g)(4)(D)(i), by inserting ``chapter 35
or section 4305 or 4312 of title 50, or the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.),'' after
``subchapter,''.
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Ms. HASSAN. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 3316), as amended, was passed.
Ms. HASSAN. I further ask that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________