,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ggic ,,in ,,the ,,house ,,of ,,representatives ,july #bg1 #bjbj,mr4 ,green of ,texas introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to amend the ,consumer ,financial ,protection ,act of #bjaj to provide for whistleblower incentives and protection4 #a4 ,short title ,this ,act may be cited as the ,financial ,compensation for ,,cfpb ,whistleblowers ,act4 #b4 ,bureau whistleblower incentives and protection 7a7 ,in general ,the ,consumer ,financial ,protection ,act 7#ab ,u4,s4,c4 #edha et seq47 is amended by adding at the end of section #ajag the following3 #ajag;,a4 ,whistleblower incentives and protection 7a7 ,definitions ,in this section3 7#a7 ,administrative proceeding or court action ,the term administrative proceeding or court action means any judicial or administrative action brought by the ,bureau that results in monetary sanctions greater than or equal to #ejj1jjj4 7#b7 ,fund ,the term ,fund means the ,consumer ,financial ,civil ,penalty ,fund established under section #ajag7;d77#a74 7#c7 ,monetary sanctions ,the term monetary sanctions means1 with respect to any administrative proceeding or court action1 any monies1 including penalties1 disgorgement1 restitution1 damages1 interest1 ordered to be paid or other amounts of relief obtained under section #ajee7;a77#b74 7#d7 ,original information ,the term original information means information that-- 7,a7 is derived from the independent knowledge or analysis of a whistleblower2 7,b7 is not known to the ,bureau from any other source1 unless the whistleblower is the original source of the information2 7,c7 is not exclusively derived from an allegation made in a judicial or administrative hearing1 in a governmental report1 hearing1 or from the news media1 unless the whistleblower is a source of the information2 and 7,d7 is not exclusively derived from an allegation made in an audit1 examination or investigation4 7#e7 ,successful enforcement ,the term successful enforcement includes1 with respect to any administrative proceeding or court action brought by the ,bureau1 any settlement of such proceeding or action4 7#f7 ,whistleblower ,the term whistleblower means any individual1 or #b or more individuals acting jointly1 who provides original information relating to a violation of ,federal consumer financial law1 consistent with any rule or regulation issued by the ,bureau under this section4 7b7 ,awards 7#a7 ,in general ,in any administrative proceeding or court action the ,bureau1 subject to regulations prescribed by the ,bureau and subject to subsection 7c71 shall pay an award or awards to #a or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to-- 7,a7 not less than #aj percent1 in total1 of what has been collected of the monetary sanctions imposed in the action2 and 7,b7 not more than #cj percent1 in total1 of what has been collected of the monetary sanctions imposed in the action4 7#b7 ,payment of awards ,any amount paid under paragraph 7#a7 shall be paid from the ,fund4 7#c7 ,award minimum ,if the ,bureau is unable to collect at least #a1jjj1jjj of the monetary sanctions imposed in the action1 the ,bureau shall provide for an award to any single whistleblower equal to the greater of-- 7,a7 #aj percent of the amount collected2 or 7,b7 #ej1jjj4 7c7 ,determination of amount of award2 denial of award 7#a7 ,determination of amount of award 7,a7 ,discretion ,the determination of the percentage amount of an award made under subsection 7b7 shall be in the discretion of the ,bureau4 7,b7 ,criteria ,in determining the percentage amount of an award made under subsection 7b71 the ,bureau shall take into consideration-- 7i7 the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action2 7ii7 the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action2 7iii7 the programmatic interest of the ,bureau in deterring violations of ,federal consumer financial law 7including applicable regulations7 by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws2 and 7iv7 such additional relevant factors as the ,bureau may establish by rule or regulation1 including the amount available in the ,fund for prioritizing restitution to affected consumers4 7#b7 ,denial of award ,no award under subsection 7b7 shall be made-- 7,a7 to any whistleblower who is1 or was at the time the whistleblower acquired the original information submitted to the ,bureau1 a member1 officer1 or employee of an entity described in subclauses 7,i7 through 7,v7 of subsection 7h77#a77;,c77i72 7,b7 to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section2 7,c7 to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action1 or a related action1 for which the whistleblower otherwise could receive an award under this section2 7,d7 to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section2 7,e7 to any whistleblower who submits information to the ,bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower2 and 7,f7 to any whistleblower who fails to submit information to the ,bureau in such form as the ,bureau may1 by rule or regulation1 require4 7d7 ,representation 7#a7 ,permitted representation ,any whistleblower who makes a claim for an award under subsection 7b7 may be represented by counsel4 7#b7 ,required representation 7,a7 ,in general ,any whistleblower who anonymously makes a claim for an award under subsection 7b7 shall be represented by counsel if the whistleblower submits the information upon which the claim is based4 7,b7 ,disclosure of identity ,prior to the payment of an award1 a whistleblower shall disclose the identity of the whistleblower and provide such other information as the ,bureau may require1 directly or through counsel of the whistleblower4 7e7 ,no contract necessary ,no contract or other agreement with the ,bureau is necessary for any whistleblower to receive an award under subsection 7b71 unless otherwise required by the ,bureau by rule or regulation4 7f7 ,appeals ,any determination made under this section1 including whether1 to whom1 or in what amount to make awards1 shall be in the discretion of the ,bureau4 ,any such determination1 except the determination of the amount of an award if the award was made in accordance with subsection 7b71 may be appealed to the appropriate court of appeals of the ,united ,states not more than #cj days after the determination is issued by the ,bureau4 ,the court shall review the determination made by the ,bureau in accordance with section #gjf of title #e4 7g7 ,reports to ,congress ,not later than ,october #cj of each year1 the ,bureau shall transmit to the ,house ,committee on ,financial ,services and the ,senate ,committee on ,banking1 ,housing1 and ,urban ,affairs a report on the ,bureau's whistleblower award program under this section1 including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year4 7h7 ,protection of whistleblowers 7#a7 ,confidentiality 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the ,bureau and any officer or employee of the ,bureau1 shall not disclose any information1 including information provided by a whistleblower to the ,bureau1 which could reasonably be expected to reveal the identity of a whistleblower1 except in accordance with the provisions of section #eeb;a of title #e1 ,united ,states ,code1 unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the ,bureau or any entity described in subparagraph 7,c74 ,for purposes of section #eeb of title #e1 ,united ,states ,code1 this paragraph shall be considered a statute described in subsection 7b77#c77;,b7 of such section #eeb4 7,b7 ,effect ,nothing in this paragraph is intended 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 investigation4 7,c7 ,availability to government agencies 7i7 ,in general ,without the loss of its status as confidential in the hands of the ,bureau1 all information referred to in subparagraph 7,a7 may1 in the discretion of the ,bureau1 when determined by the ,bureau to be necessary or appropriate1 be made available to-- 7,i7 the ,department of ,justice2 7,,ii7 an appropriate department or agency of the ,federal ,government1 acting within the scope of its jurisdiction2 7,,iii7 a ,state attorney general in connection with any criminal investigation2 7,,iv7 an appropriate department or agency of any ,state1 acting within the scope of its jurisdiction2 and 7,v7 a foreign regulatory authority4 7ii7 ,maintenance of information ,each of the entities1 agencies1 or persons described in clause 7i7 shall maintain information described in that clause as confidential1 in accordance with the requirements in subparagraph 7,a74 7#b7 ,rights retained ,nothing in this section shall be deemed to diminish the rights1 privileges1 or remedies of any whistleblower under section #ajeg1 any other ,federal or ,state law1 or under any collective bargaining agreement4 7i7 ,rulemaking authority ,the ,bureau 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 section4 7j7 ,original information ,information submitted to the ,bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations1 provided such information was submitted after the date of enactment of this section4 7k7 ,provision of false information ,a whistleblower who knowingly and willfully makes any false1 fictitious1 or fraudulent statement or representation1 or who makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry1 shall not be entitled to an award under this section and shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7l7 ,unenforceability of certain agreements 7#a7 ,no waiver of rights and remedies ,except as provided under paragraph 7#c71 and notwithstanding any other provision of law1 the rights and remedies provided for in this section may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any predispute arbitration agreement4 7#b7 ,no predispute arbitration agreements ,except as provided under paragraph 7#c71 and notwithstanding any other provision of law1 no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section4 7#c7 ,exception ,notwithstanding paragraphs 7#a7 and 7#b71 an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection 7a77#d71 unless the ,bureau determines1 by rule1 that such provision is inconsistent with the purposes of this title4 4 7b7 ,consumer ,financial ,civil ,penalty ,fund ,section #ajag7;d77#b7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edig7;d77#b77 is amended1 in the first sentence1 by inserting and for awards authorized under section #ajag;,a before the period at the end4