[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.

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