[House Report 117-423]
[From the U.S. Government Publishing Office]


117th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     117-423

======================================================================



 
    TO PROVIDE FOR CERTAIN WHISTLEBLOWER INCENTIVES AND PROTECTIONS

                                _______
                                

 July 20, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Ms. Waters, from the Committee on Financial Services, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7195]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 7195) to provide for certain whistleblower 
incentives and protections, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Section-by-Section Analysis of the Legislation...................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
Statement of Performance Goals and Objectives....................     5
New Budget Authority and C.B.O. Cost Estimate....................     5
Committee Cost Estimate..........................................     5
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Duplicative Federal Programs.....................................     6
Changes to Existing Law..........................................     6

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

  (a) Awards for Whistleblowers.--
          (1) In general.--Section 5323 of title 31, United States 
        Code, 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--
                  ``(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 or a 
                        covered statute, 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 established under to the 
                Justice for United States Victims of State Sponsored 
                Terrorism Act (34 U.S.C. 20144) or the Crime Victims 
                Fund established under 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.''.
          (2) Covered statute defined.--Section 5323(a) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
          ``(6) Covered statute defined.--In this section, the term 
        `covered statute' means--
                  ``(A) the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.);
                  ``(B) sections 5 and 12 of the Trading With the Enemy 
                Act (50 U.S.C. 4305; 4312); and
                  ``(C) the Foreign Narcotics Kingpin Designation Act 
                (21 U.S.C. 1901 et seq.).''.
  (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 or a covered 
                statute, or for a conspiracy to violate such subchapter 
                or covered statute,''; and
                  (B) in paragraph (4)--
                          (i) by striking ``with respect to'' and all 
                        that follows through ``subchapter III'' and 
                        inserting ``with respect to any covered 
                        judicial or administrative action''; and
                          (ii) by striking ``action by the Secretary or 
                        the Attorney General'' and inserting ``covered 
                        judicial or administrative action'';
          (2) in subsection (c)(1)(B)(iii)--
                  (A) by striking ``subchapter and subchapter III'' and 
                inserting ``this subchapter or a covered statute, or a 
                conspiracy or attempt to violate such subchapter or 
                covered statute,''; and
                  (B) by striking ``either such subchapter'' and 
                inserting ``the applicable subchapter or covered 
                statute''; and
          (3) in subsection (g)(4)(D)(i), by inserting ``or a covered 
        statute'' after ``subchapter,''.

    Amend the title so as to read:
    A bill to amend title 31, United States Code, to provide 
for certain whistleblower incentives and protections.

                          Purpose and Summary

    On March 24, 2022, Representative Adams introduced H.R. 
7195, ``To provide for certain whistleblower incentives and 
protections,'' which would modify the structure and function of 
the Financial Crimes Enforcement Network's (FinCEN's) recently 
mandated whistleblower program, ensuring that individuals who 
provide information that leads to successful enforcement are 
able to receive awards, as intended by the AntiMoney Laundering 
Act of 2020 (AMLA).

                  Background and Need for Legislation

    To combat abuse of anti-money laundering (AML) laws and to 
bolster enforcement of Bank Secrecy Act (BSA) regulations, AMLA 
included a program that requires Treasury to pay awards to 
whistleblowers who provide original information leading to 
successful enforcement actions for violating the BSA and AML 
requirements. It also provides anti-retaliation protections for 
whistleblowers, outlines criteria for awards and program 
processes, and establishes an AML and counter-terrorism 
financing fund from which the awards can be made. FinCEN is the 
administering agency of the Treasury Department.
    As currently written in the statute, awards are capped at 
25% with no minimum for a successful claim. According to the 
National Whistleblower Center, ``It is highly unlikely that 
persons with relevant information relating to illegal money 
laundering and financing terrorism will risk their livelihoods, 
reputations and the potential of high litigation costs without 
reasonable financial assurances.'' Further, without a 
guaranteed fee-covering incentive, it was reported that lawyers 
who specialize in representing potential whistleblowers were 
declining the cases. This bill remedies this issue by ensuring 
that whistleblowers who reveal information on money laundering 
receive awards of 10% to 30% of the fines imposed due to their 
information.
    This bill also creates the Financial Integrity Fund, a 
dedicated fund from the collected fines, ensuring that award 
money is there when it is needed rather than being tied to 
resolved appeals or to the Congressional appropriations 
process. To reinforce this improvement, the bill specifies that 
the fund may not be applied to cover agency personnel or 
administrative expenses. Additionally, the bill adds a 
provision that allows the award to be reduced if the 
whistleblower is collecting multiple awards from multiple 
agency whistleblower programs for related actions.
    Finally, this bill expands the whistleblower program to 
three new statues: the International Emergency Economic Powers 
Act, the Foreign Narcotics Kingpin Designation Act, and the 
Trading with the Enemy Act. These three statutes include nearly 
every enforcement action with penalties arising from a U.S. 
sanctions program, however, none currently have a whistleblower 
program.
    This bill is supported by the following organizations: The 
National Whistleblower Center, Taxpayers Against Fraud, 
Transparency International U.S., The Project on Government 
Oversight (POGO), and the Government Accountability Project.

                      Section-by-Section Analysis


Section 1. Whistleblower incentives and protections

           Paragraph (a) amends Section 5323 of title 
        31 to:
                   Establish a minimum 
                whistleblower award of 10% and a maximum of 30% 
                of what has been collected of the monetary 
                sanctions imposed in the action or related 
                actions for awards.
                   Allow the program to pay awards 
                less than the amount described when there are 
                related actions in which a whistleblower may be 
                paid by another whistleblower award program.
                   Establish the ``Financial 
                Integrity Fund'' from which awards would be 
                drawn, sourced from only for the payment of 
                awards to whistleblowers and restricted from 
                being used for program personnel or 
                administrative expenses.
                   Apply parameters to the funds 
                deposited into or credited from the Financial 
                Integrity Fund and providing for exceptions for 
                certain victim restitution funds.
                   Expand the ``Covered Statutes'' 
                to include the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.); the 
                Trading With the Enemy Act (50 U.S.C. 4305; 
                4312); and the Foreign Narcotics Kingpin 
                Designation Act (21 U.S.C. 1901 et seq.).
           Paragraph (b) provides technical and 
        conforming amendments.

                                Hearings

    For the purposes of section 3(c)(6) of House rule XIII, the 
Committee on Financial Services' Full Committee held a hearing 
to consider H.R. 7195 entitled, ``Oversight of the Financial 
Crimes Enforcement Network,'' on April 28, 2022.

                        Committee Consideration

    The Committee on Financial Services met in open session on 
June 22, 2022, and ordered H.R. 7195 to be reported favorably 
to the House with an amendment in the nature of a substitute by 
a voice vote, a quorum being present.

                  Committee Votes and Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that no 
roll call votes occurred during the Committee's consideration 
of H.R. 7195.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

             Statement of Performance Goals and Objectives

    Pursuant to clause (3)(c) of rule XIII of the Rules of the 
House of Representatives, the goals of H.R. 7195 are to modify 
the structure and function of the Financial Crimes Enforcement 
Network's (FinCEN's) recently mandated whistleblower program, 
ensuring that individuals who provide information that leads to 
successful enforcement are able to receive awards, as intended 
by the AntiMoney Laundering Act of 2020 (AMLA).

               New Budget Authority and CBO Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, and pursuant to clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has requested an estimate from the 
Director of the Congressional Budget Office. CBO was unable to 
provide an estimate in a timely manner.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 7195. After 
careful review, including discussions with the Congressional 
Budget Office, the Committee estimates that H.R. 7195 would 
have an insignificant impact on spending.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act (as amended by Section 101(a)(2) of the 
Unfunded Mandates Reform Act, Pub. L. 104-4), the Committee 
adopts its own the estimate of federal mandates regarding H.R. 
7195, as amended.

                           Advisory Committee

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

              Application of Law to the Legislative Branch

    Pursuant to section 102(b)(3) of the Congressional 
Accountability Act, Pub. L. No. 104-1, H.R. 7195, as amended, 
does not apply to terms and conditions of employment or to 
access to public services or accommodations within the 
legislative branch.

                           Earmark Statement

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 7195 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as described in clauses 9(e), 9(f), and 9(g) of rule 
XXI.

                    Duplication Of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of H.R. 7195 establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                        Changes to Existing Law

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 7195, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 31, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE IV--MONEY

           *       *       *       *       *       *       *


CHAPTER 53--MONETARY TRANSACTIONS

           *       *       *       *       *       *       *



SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS

           *       *       *       *       *       *       *



Sec. 5323. Whistleblower incentives and protections

  (a) Definitions.--In this section:
          (1) Covered judicial or administrative action.--The 
        term ``covered judicial or administrative action'' 
        means any judicial or administrative action brought by 
        the Secretary of the Treasury (referred to in this 
        section as the ``Secretary'') or the Attorney General 
        under [this subchapter or subchapter III] this 
        subchapter or a covered statute, or for a conspiracy to 
        violate such subchapter or covered statute, that 
        results in monetary sanctions exceeding $1,000,000.
          (2) Monetary sanctions.--The term ``monetary 
        sanctions'', when used with respect to any judicial or 
        administrative action--
                  (A) means any monies, including penalties, 
                disgorgement, and interest, ordered to be paid; 
                and
                  (B) does not include--
                          (i) forfeiture;
                          (ii) restitution; or
                          (iii) any victim compensation 
                        payment.
          (3) Original information.--The term ``original 
        information'' means information that--
                  (A) is derived from the independent knowledge 
                or analysis of a whistleblower;
                  (B) is not known to the Secretary or the 
                Attorney General from any other source, unless 
                the whistleblower is the original source of the 
                information; and
                  (C) is not exclusively derived from an 
                allegation made in a judicial or administrative 
                hearing, in a governmental report, hearing, 
                audit, or investigation, or from the news 
                media, unless the whistleblower is a source of 
                the information.
          (4) Related action.--The term ``related action'', 
        when used [with respect to any judicial or 
        administrative action brought by the Secretary or the 
        Attorney General under this subchapter or subchapter 
        III] with respect to any covered judicial or 
        administrative action, means any judicial or 
        administrative action brought by an entity described in 
        any of subclauses (I) through (III) of subsection 
        (g)(4)(D)(i) that is based upon the original 
        information provided by a whistleblower pursuant to 
        subsection (b) that led to the successful enforcement 
        of the [action by the Secretary or the Attorney 
        General] covered judicial or administrative action.
          (5) Whistleblower.--
                  (A) In general.--The term ``whistleblower'' 
                means any individual who provides, or 2 or more 
                individuals acting jointly who provide, 
                information relating to a violation of [this 
                subchapter or subchapter III] this subchapter 
                or a covered statute, or for a conspiracy to 
                violate such subchapter or covered statute, to 
                the employer of the individual or individuals, 
                including as part of the job duties of the 
                individual or individuals, or to the Secretary 
                or the Attorney General.
                  (B) Special rule.--Solely for the purposes of 
                subsection (g)(1), the term ``whistleblower'' 
                includes any individual who takes, or 2 or more 
                individuals acting jointly who take, an action 
                described in subsection (g)(1)(A).
          (6) Covered statute defined.--In this section, the 
        term ``covered statute'' means--
                  (A) the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.);
                  (B) sections 5 and 12 of the Trading With the 
                Enemy Act (50 U.S.C. 4305; 4312); and
                  (C) the Foreign Narcotics Kingpin Designation 
                Act (21 U.S.C. 1901 et seq.).
  [(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) and to amounts made 
        available in advance by appropriation Acts, 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 not more than 30 percent, in 
        total, of what has been collected of the monetary 
        sanctions imposed in the action or related actions.
          [(2) Source of awards.--For the purposes of paying 
        any award under this section, the Secretary may, 
        subject to amounts made available in advance by 
        appropriation Acts, use monetary sanction amounts 
        recovered based on the original information with 
        respect to which the award is being paid.]
  (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--
                  (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 or a covered statute, 
                        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 established 
                under to the Justice for United States Victims 
                of State Sponsored Terrorism Act (34 U.S.C. 
                20144) or the Crime Victims Fund established 
                under 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.
  (c) Determination of Amount of Award; Denial of Award.--
          (1) Determination of amount of award.--
                  (A) Discretion.--The determination of the 
                amount of an award made under subsection (b) 
                shall be in the discretion of the Secretary.
                  (B) Criteria.--In determining the amount of 
                an award made under subsection (b), the 
                Secretary shall take into consideration--
                          (i) the significance of the 
                        information provided by the 
                        whistleblower to the success of the 
                        covered judicial or administrative 
                        action;
                          (ii) the degree of assistance 
                        provided by the whistleblower and any 
                        legal representative of the 
                        whistleblower in a covered judicial or 
                        administrative action;
                          (iii) the programmatic interest of 
                        the Department of the Treasury in 
                        deterring violations of this 
                        [subchapter and subchapter III] this 
                        subchapter or a covered statute, or a 
                        conspiracy or attempt to violate such 
                        subchapter or covered statute, by 
                        making awards to whistleblowers who 
                        provide information that lead to the 
                        successful enforcement of [either such 
                        subchapter] the applicable subchapter 
                        or covered statute; and
                          (iv) such additional relevant factors 
                        as the Secretary, in consultation with 
                        the Attorney General, may establish by 
                        rule or regulation.
          (2) Denial of award.--No award under subsection (b) 
        may be made--
                  (A) to any whistleblower who is, or was at 
                the time the whistleblower acquired the 
                original information submitted to the Secretary 
                or the Attorney General, as applicable, a 
                member, officer, or employee--
                          (i) of--
                                  (I) an appropriate regulatory 
                                or banking agency;
                                  (II) the Department of the 
                                Treasury or the Department of 
                                Justice; or
                                  (III) a law enforcement 
                                agency; and
                          (ii) acting in the normal course of 
                        the job duties of the whistleblower;
                  (B) to any whistleblower who is convicted of 
                a criminal violation related to the judicial or 
                administrative action for which the 
                whistleblower otherwise could receive an award 
                under this section; or
                  (C) to any whistleblower who fails to submit 
                information to the Secretary or the Attorney 
                General, as applicable, in such form as the 
                Secretary, in consultation with the Attorney 
                General, may, by rule, require.
  (d) Representation.--
          (1) Permitted representation.--Any whistleblower who 
        makes a claim for an award under subsection (b) may be 
        represented by counsel.
          (2) Required representation.--
                  (A) In general.--Any whistleblower who 
                anonymously makes a claim for an award under 
                subsection (b) shall be represented by counsel 
                if the whistleblower anonymously submits the 
                information upon which the claim is based.
                  (B) Disclosure of identity.--Before the 
                payment of an award, a whistleblower shall 
                disclose the identity of the whistleblower and 
                provide such other information as the Secretary 
                may require, directly or through counsel for 
                the whistleblower.
  (e) No Contract Necessary.--No contract with the Department 
of the Treasury is necessary for any whistleblower to receive 
an award under subsection (b), unless otherwise required by the 
Secretary by rule or regulation.
  (f) Appeals.--
          (1) In general.--Any determination made under this 
        section, including whether, to whom, or in what amount 
        to make awards, shall be in the discretion of the 
        Secretary.
          (2) Requirements.--
                  (A) In general.--Any determination described 
                in paragraph (1), except the determination of 
                the amount of an award if the award was made in 
                accordance with subsection (b), may be appealed 
                to the appropriate court of appeals of the 
                United States not more than 30 days after the 
                determination is issued by the Secretary.
                  (B) Scope of review.--The court to which a 
                determination by the Secretary is appealed 
                under subparagraph (A) shall review the 
                determination in accordance with section 706 of 
                title 5.
  (g) Protection of Whistleblowers.--
          (1) Prohibition against retaliation.--No employer 
        may, directly or indirectly, discharge, demote, 
        suspend, threaten, blacklist, harass, or in any other 
        manner discriminate against a whistleblower in the 
        terms and conditions of employment or post-employment 
        because of any lawful act done by the whistleblower--
                  (A) in providing information in accordance 
                with this section to--
                          (i) the Secretary or the Attorney 
                        General;
                          (ii) a Federal regulatory or law 
                        enforcement agency;
                          (iii) any Member of Congress or any 
                        committee of Congress; or
                          (iv) a person with supervisory 
                        authority over the whistleblower, or 
                        such other person working for the 
                        employer who has the authority to 
                        investigate, discover, or terminate 
                        misconduct; or
                  (B) in initiating, testifying in, or 
                assisting in any investigation or judicial or 
                administrative action of the Department of the 
                Treasury or the Department of Justice based 
                upon or related to the information described in 
                subparagraph (A); or
                  (C) in providing information regarding any 
                conduct that the whistleblower reasonably 
                believes constitutes a violation of any law, 
                rule, or regulation subject to the jurisdiction 
                of the Department of the Treasury, or a 
                violation of section 1956, 1957, or 1960 of 
                title 18 (or any rule or regulation under any 
                such provision), to--
                          (i) a person with supervisory 
                        authority over the whistleblower at the 
                        employer of the whistleblower; or
                          (ii) another individual working for 
                        the employer described in clause (i) 
                        who the whistleblower reasonably 
                        believes has the authority to--
                                  (I) investigate, discover, or 
                                terminate the misconduct; or
                                  (II) take any other action to 
                                address the misconduct.
          (2) Enforcement.--Any individual who alleges 
        discharge or other discrimination, or is otherwise 
        aggrieved by an employer, in violation of paragraph 
        (1), may seek relief by--
                  (A) filing a complaint with the Secretary of 
                Labor in accordance with the requirements of 
                this subsection; or
                  (B) if the Secretary of Labor has not issued 
                a final decision within 180 days of the filing 
                of a complaint under subparagraph (A), and 
                there is no showing that such a delay is due to 
                the bad faith of the claimant, bringing an 
                action against the employer at law or in equity 
                in the appropriate district court of the United 
                States, which shall have jurisdiction over such 
                an action without regard to the amount in 
                controversy.
          (3) Procedure.--
                  (A) Department of labor complaint.--
                          (i) In general.--Except as provided 
                        in clause (ii) and subparagraph (C), 
                        the requirements under section 42121(b) 
                        of title 49, including the legal 
                        burdens of proof described in such 
                        section 42121(b), shall apply with 
                        respect to a complaint filed under 
                        paragraph (2)(A) by an individual 
                        against an employer.
                          (ii) Exception.--With respect to a 
                        complaint filed under paragraph (2)(A), 
                        notification required to be made under 
                        section 42121(b)(1) of title 49 shall 
                        be made to each person named in the 
                        complaint, including the employer.
                  (B) District court complaint.--
                          (i) Jury trial.--A party to an action 
                        brought under paragraph (2)(B) shall be 
                        entitled to trial by jury.
                          (ii) Statute of limitations.--
                                  (I) In general.--An action 
                                may not be brought under 
                                paragraph (2)(B)--
                                          (aa) more than 6 
                                        years after the date on 
                                        which the violation of 
                                        paragraph (1) occurs; 
                                        or
                                          (bb) more than 3 
                                        years after the date on 
                                        which when facts 
                                        material to the right 
                                        of action are known, or 
                                        reasonably should have 
                                        been known, by the 
                                        employee alleging a 
                                        violation of paragraph 
                                        (1).
                                  (II) Required action within 
                                10 years.--Notwithstanding 
                                subclause (I), an action under 
                                paragraph (2)(B) may not in any 
                                circumstance be brought more 
                                than 10 years after the date on 
                                which the violation occurs.
                  (C) Relief.--Relief for an individual 
                prevailing with respect to a complaint filed 
                under subparagraph (A) of paragraph (2) or an 
                action brought under subparagraph (B) of that 
                paragraph shall include--
                          (i) reinstatement with the same 
                        seniority status that the individual 
                        would have had, but for the conduct 
                        that is the subject of the complaint or 
                        action, as applicable;
                          (ii) 2 times the amount of back pay 
                        otherwise owed to the individual, with 
                        interest;
                          (iii) the payment of compensatory 
                        damages, which shall include 
                        compensation for litigation costs, 
                        expert witness fees, and reasonable 
                        attorneys' fees; and
                          (iv) any other appropriate remedy 
                        with respect to the conduct that is the 
                        subject of the complaint or action, as 
                        applicable.
          (4) Confidentiality.--
                  (A) In general.--Except as provided in 
                subparagraphs (C) and (D), the Secretary or the 
                Attorney General, as applicable, and any 
                officer or employee of the Department of the 
                Treasury or the Department of Justice, shall 
                not disclose any information, including 
                information provided by a whistleblower to 
                either such official, 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 
                and until required to be disclosed to a 
                defendant or respondent in connection with a 
                public proceeding instituted by the appropriate 
                such official or any entity described in 
                subparagraph (D).
                  (B) Exempted statute.--For purposes of 
                section 552 of title 5, this paragraph shall be 
                considered a statute described in subsection 
                (b)(3)(B) of such section 552.
                  (C) Rule of construction.--Nothing in this 
                section is intended to limit, or shall be 
                construed 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.
                  (D) Availability to government agencies.--
                          (i) In general.--Without the loss of 
                        its status as confidential in the hands 
                        of the Secretary or the Attorney 
                        General, as applicable, all information 
                        referred to in subparagraph (A) may, in 
                        the discretion of the appropriate such 
                        official, when determined by that 
                        official to be necessary to accomplish 
                        the purposes of this subchapter, or a 
                        covered statute be made available to--
                                  (I) any appropriate Federal 
                                authority;
                                  (II) a State attorney general 
                                in connection with any criminal 
                                investigation;
                                  (III) any appropriate State 
                                regulatory authority; and
                                  (IV) a foreign law 
                                enforcement authority.
                          (ii) Confidentiality.--
                                  (I) In general.--Each of the 
                                entities described in 
                                subclauses (I) through (III) of 
                                clause (i) shall maintain such 
                                information as confidential in 
                                accordance with the 
                                requirements established under 
                                subparagraph (A).
                                  (II) Foreign authorities.--
                                Each entity described in clause 
                                (i)(IV) shall maintain such 
                                information in accordance with 
                                such assurances of 
                                confidentiality as determined 
                                by the Secretary or Attorney 
                                General, as applicable.
          (5) Rights retained.--Nothing in this section shall 
        be deemed to diminish the rights, privileges, or 
        remedies of any whistleblower under any Federal or 
        State law or under any collective bargaining agreement.
          (6) Coordination with other provisions of law.--This 
        subsection shall not apply with respect to any employer 
        that is subject to section 33 of the Federal Deposit 
        Insurance Act (12 U.S.C. 1831j) or section 213 or 214 
        of the Federal Credit Union Act (12 U.S.C. 1790b, 
        1790c).
  (h) Provision of False Information.--A whistleblower shall 
not be entitled to an award under this section if the 
whistleblower--
          (1) knowingly and willfully makes any false, 
        fictitious, or fraudulent statement or representation; 
        or
          (2) uses any false writing or document knowing the 
        writing or document contains any false, fictitious, or 
        fraudulent statement or entry.
  (i) Rulemaking Authority.--The Secretary, in consultation 
with the Attorney General, shall have the authority to issue 
such rules and regulations as may be necessary or appropriate 
to implement the provisions of this section consistent with the 
purposes of this section.
  (j) Nonenforceability of Certain Provisions Waiving Rights 
and Remedies or Requiring Arbitration of Disputes.--
          (1) Waiver of rights and remedies.--The rights and 
        remedies provided for in this section may not be waived 
        by any agreement, policy form, or condition of 
        employment, including by a predispute arbitration 
        agreement.
          (2) Predispute arbitration agreements.--No predispute 
        arbitration agreement shall be valid or enforceable, to 
        the extent the agreement requires arbitration of a 
        dispute arising under this section.

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