H.R. 7195 — Reported in House

IB Union Calendar No. 329 117th CONGRESS 2d Session H. R. 7195 [Report No. 117–423] IN THE HOUSE OF REPRESENTATIVES March 24, 2022Ms. Adams (for herself and Mr. Gonzalez of Ohio) introduced the following bill; which was referred to the Committee on Financial Services July 20, 2022Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on March 24, 2022 A BILL To provide for certain whistleblower incentives and protections. 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.. July 20, 2022Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed