[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7195 Reported in House (RH)]
<DOC>
Union Calendar No. 329
117th CONGRESS
2d Session
H. R. 7195
[Report No. 117-423]
To provide for certain whistleblower incentives and protections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2022
Ms. Adams (for herself and Mr. Gonzalez of Ohio) introduced the
following bill; which was referred to the Committee on Financial
Services
July 20, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
24, 2022]
_______________________________________________________________________
A BILL
To provide for certain whistleblower incentives and protections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.''.
Union Calendar No. 329
117th CONGRESS
2d Session
H. R. 7195
[Report No. 117-423]
_______________________________________________________________________
A BILL
To provide for certain whistleblower incentives and protections.
_______________________________________________________________________
July 20, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed