[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3316 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3316
_______________________________________________________________________
AN ACT
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. 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--
``(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,''.
Passed the Senate December 7, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3316
_______________________________________________________________________
AN ACT
To provide for certain whistleblower incentives and protections.