,,ib ,union ,calendar ,no4 #cbh #aahth ,,congress #b;d ,session ,h4 ,r4 #gabi ,report ,no4 #aah-cii ,,in ,,the ,,house ,,of ,,representatives ,january #cj1 #bjbd ,mr4 ,williams of ,texas 7for himself1 ,mr4 ,mfume1 ,mr4 ,luetkemeyer1 ,mr4 ,stauber1 ,mr4 ,meuser1 ,ms4 ,van ,duyne1 ,ms4 ,salazar1 ,mr4 ,mann1 ,mr4 ,ellzey1 ,mr4 ,alford1 ,mr4 ,crane1 ,mr4 ,bean of ,florida1 ,mr4 ,hunt1 ,mr4 ,la,lota1 ,mr4 ,molinaro1 and ,ms4 ,maloy7 introduced the following bill2 which was referred to the ,committee on ,small ,business ,february #bc1 #bjbd ,additional sponsor3 ,mr4 ,rouzer ,february #bc1 #bjbd ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,small ,business ,act to establish the ,office of ,whistleblower ,awards1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,put ,america on ,commission ,act of #bjbd4 #b4 ,establishment of the ,office of ,whistleblower ,awards ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 in section #g7;b71 by redesignating the second paragraph 7#af7 7relating to statute of limitations7 as paragraph 7#ag72 7#b7 by redesignating section #di as section #ej2 and 7#c7 by inserting after section #dh the following new section3 #di4 ,office of ,whistleblower ,awards 7a7 ,establishment ,there is established within the ,office of ,performance1 ,planning1 and the ,chief ,financial ,officer of the ,administration an ,office of ,whistleblower ,awards4 7b7 ,administration ,the ,office of ,whistleblower ,awards shall be administered by an employee in the competitive service4 7c7 ,awards to whistleblowers 7#a7 ,in general ,except as otherwise provided in this section1 the head of the ,office of ,whistleblower ,awards shall-- 7,a7 with respect to information submitted to head of the ,office of ,whistleblower ,awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the ,administrator-- 7i7 determine1 in coordination with the ,inspector ,general1 whether such information is original information2 and 7ii7 for all such information that is original information-- 7,i7 collect and transmit to the ,inspector ,general such original information2 and 7,,ii7 track the use of such original information in obtaining final convictions and settlement and plea agreements2 and 7,b7 pay an award in an amount as described in paragraph 7#b7 to a whistleblower for information described in subparagraph 7,a7 that is original information submitted to head of the ,office of ,whistleblower ,awards by such whistleblower if a person is finally convicted pursuant to1 or enters into a settlement or plea agreement with respect to1 a ,,covid loan action that is based1 in whole or in part1 on such original information1 as determined by the ,inspector ,general4 7#b7 ,amounts ,any amount payable under this section shall be paid from the amounts deposited in the ,whistleblower ,award ,fund established under subsection 7f7 based on a person finally convicted pursuant to1 or a settlement or plea agreement with respect to1 a ,,covid loan action that is based1 in whole or in part1 on original information provided to the head of the ,office of ,whistleblower ,awards by the whistleblower as follows3 7,a7 #aj percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement1 as applicable1 is a national of the ,united ,states or an entity located in the ,united ,states4 7,b7 #ae percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement1 as applicable1 is a foreign national or an entity located in a country other than the ,united ,states4 7#c7 ,multiple whistleblowers 7,a7 ,in general ,if a person is finally convicted pursuant to1 or enters into a settlement or plea agreement with respect to1 a ,,covid loan action that is based1 in whole or in part1 on information described in paragraph 7#a77;,a7 that is original information from multiple whistleblowers1 only the whistleblower who made the most substantial contribution with respect to such ,,covid loan action 7including such conviction1 settlement agreement1 or plea agreement71 as determined by the head of the ,office of ,whistleblower ,awards1 may receive an award under this section with respect to a conviction pursuant to1 or a settlement or plea agreement with respect to1 such ,,covid loan action4 7,b7 ,substantiality determination ,for the purposes of determining which whistleblower made the most substantial contribution with respect to a ,,covid loan action under subparagraph 7,a71 the head of the ,office of ,whistleblower ,awards shall consider-- 7i7 the significance of the original information of the whistleblower with respect to such ,,covid loan action2 7ii7 the role of the whistleblower and any legal representative of the whistleblower in contributing to such ,,covid loan action2 and 7iii7 such other criteria as the head of the ,office of ,whistleblower ,awards determines appropriate4 7d7 ,additional requirements 7#a7 ,reduction in award ,the head of the ,office of ,whistleblower ,awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the ,administrator if the head of the ,office of ,whistleblower ,awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation4 7#b7 ,criminal conviction 7,a7 ,denial ,a whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the ,administrator is ineligible for any award under this section with respect any conviction1 settlement agreement1 or plea agreement related to such financial misconduct or fraudulent misrepresentation4 7,b7 ,repayment ,as a condition of receiving an award under this section1 the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award4 7#c7 ,no contract necessary ,a whistleblower shall not be required to be a party to a contract with the ,administrator to be eligible to receive an award under this section4 7#d7 ,timing ,the head of the ,office of ,whistleblower ,awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the ,whistleblower ,award ,fund based on a conviction pursuant to1 or a settlement or plea agreeement entered into with respect to1 a ,,covid loan action based1 in whole or in part1 on information described in subsection 7c77#a77;,a7 that is original information provided by such whistleblower4 7#e7 ,status updates ,the head of the ,office of ,whistleblower ,awards shall-- 7,a7 provide confirmation of the receipt of information described in subsection 7c77#a77;,a7 to the whistleblower that submitted such information2 7,b7 provide to such whistleblower-- 7i7 a notice of the determination whether such information is original information2 and 7ii7 for such information that is original information1 a notice of each determination by the ,inspector ,general pursuant to a final conviction or settlement or plea agreement with respect to a ,,covid loan action whether such information was the basis1 in whole or in part1 of such ,,covid loan action2 and 7,c7 ensure that procedures consistent with section #abac of title #e1 ,united ,states ,code1 for findings on the disclosure and for the whistleblower to comment on any preliminary determinations4 7#f7 ,anti-retaliation 7,a7 ,in general ,no person may be discriminated against and no other prejudicial action may be taken against a person because such person has made1 is perceived as about to make1 or assisted or associated with a person who made or is about to make a disclosure under this section4 7,b7 ,relief ,any person who alleges to discrimination or other prejudicial action in violation of subparagraph 7,a7 may seek relief for a violation of such subparagraph pursuant to the rights1 procedures1 burdens of proof and remedies in paragraphs 7#b7 through 7#e7 of section #ecbc7;g7 of title #ca1 ,united ,states ,code4 7e7 ,appeals ,a determination made under this section by the head of the ,office of ,whistleblower ,awards1 except the determination of the amount of an award if the award was made in accordance with the requirements of subsection 7c77#b71 may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the ,united ,states not more than #cj days after the determination is issued by the head of the ,office of ,whistleblower ,awards4 ,the court shall review the determination in accordance with section #gjf of title #e1 ,united ,states ,code4 7f7 ,whistleblower ,award ,fund 7#a7 ,establishment ,there is established in the ,department of the ,treasury a revolving fund to be known as the ,whistleblower ,award ,fund4 7#b7 ,use of fund ,amounts in the ,whistleblower ,award ,fund shall be available to head of the ,office of ,whistleblower ,awards1 without further appropriation or fiscal year limitation1 for-- 7,a7 payment of awards made under this section2 and 7,b7 the necessary expenses for the operation of the ,office of ,whistleblower ,awards4 7#c7 ,deposits ,notwithstanding any other provision of law1 if a person is finally convicted pursuant to1 or enters into a settlement or plea agreement with respect to1 a ,,covid loan action based1 in whole or in part1 on original information described in subsection 7c77#a7 that is provided to the head of the ,office of ,whistleblower ,awards by a whistleblower1 there shall be deposited into the ,whistleblower ,award ,fund all amounts collected from such person by the ,federal ,government1 including amounts collected as a result of a civil monetary penalty under subsection 7g7-- 7,a7 for or pursuant to such conviction2 or 7,b7 under or pursuant to such settlement or plea agreement4 7#d7 ,remaining amounts ,the ,administrator shall deposit into the general fund of the ,treasury any amounts in the ,whistleblower ,award ,fund not used to pay whistleblowers under subsection 7c7 or the necessary expenses for the operation of the ,office of ,whistleblower ,awards4 7g7 ,civil monetary penalty 7#a7 ,in general ,any person who is finally convicted pursuant to a ,,covid loan action or who enters into a settlement or plea agreement with respect to a ,,covid loan action shall1 in addition to any other penalties that may be prescribed by law1 be subject to a civil monetary penalty1 assessed by the ,administrator1 in an amount equal to #cj percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement4 7#b7 ,collection 7,a7 ,in general ,civil money penalties and assessments imposed under this subsection may be compromised by the ,adminstrator and may be recovered in a civil action in the name of the ,united ,states brought in ,united ,states district court for the district where the conduct serving as the basis for the relevant ,,covid loan action occurred or in ,united ,states district court for the district in which the person against whom the penalty or assessment has been assessed resides1 as determined by the ,administrator4 7,b7 ,withholdings 7i7 ,in general ,the amount of a civil money penalty and assessment imposed under this subsection1 when finally determined1 or the amount agreed upon in compromise1 may be deducted from any sum then or later owing by the ,united ,states to the person against whom the penalty or assessment has been assessed4 7ii7 ,treatment ,for the purposes of awards under this section1 amounts deducted under clause 7i7 shall be deposited into the ,whistleblower ,award ,fund4 7h7 ,report ,not later than #ab months after the date of the enactment of this section1 and annually thereafter1 the ,administrator shall submit to ,congress a report on-- 7#a7 the number of times whistleblowers submitted to the head of the ,office of ,whistleblower ,awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the ,administrator2 7#b7 the amount of awards disbursed under this section2 and 7#c7 any legislative or administrative recommendations regarding the duties of the ,office of ,whistleblower ,awards4 7i7 ,rule of construction ,nothing in this section shall be construed to modify or interfere with any investigations carried out by the ,inspector ,general or another ,federal agency4 7j7 ,sunset 7#a7 ,in general ,except as provided by paragraph 7#b71 the authority under this section shall terminate on the date that the last ,,covid loan action that was timely filed and either-- 7,a7 has not been appealed and is no longer appealable because the time for taking an appeal has expired2 or 7,b7 has been appealed and the appeals process for such conviction is completed4 7#b7 ,appeals ,notwithstanding paragraph 7#a71 the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection 7e7 as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection 7e74 7k7 ,definitions ,in this section3 7#a7 ,,covid loan action ,the term ,,covid loan action means a criminal charge or civil enforcement action described in-- 7,a7 section #g7;a77#cf77,w72 7,b7 section #g7;a77#cg77,p72 7,c7 section #g7;b77#ag72 7,d7 section #aaaj7;e77#i7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77#i772 or 7,e7 section #cca7;i7 of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;b7i774 7#b7 ,final conviction2 finally convicted ,the terms final conviction and finally convicted mean1 with respect to a person1 that such person has been convicted of an offense and such conviction-- 7,a7 has not been appealed and is no longer appealable because the time for taking an appeal has expired2 or 7,b7 has been appealed and the appeals process for such conviction is completed4 7#c7 ,inspector ,general ,the term ,inspector ,general means the ,inspector ,general of the ,administration4 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 ,administrator or ,inspector ,general from any source other than the whistleblower1 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 action1 in a governmental report1 hearing1 audit1 or investigation1 or from the news media1 unless the whistleblower is a source of the information2 and 7,d7 was provided to the ,inspector ,general-- 7i7 after the date of the enactment of this ,act2 or 7ii7 by a means other than a hotline for reporting fraud1 waste1 and abuse that is maintained by the ,inspector ,general4 7#e7 ,whistleblower ,the term whistleblower means an individual who submits information to the ,office of ,whistleblower ,awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the ,administrator4 4 #c4 ,rulemaking 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall issue rules necessary to carry out the requirements of section #di of the ,small ,business ,act1 as added by this ,act4 7b7 ,contribution determination 7#a7 ,in general ,not later than three months after the date of the enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall issue rules providing that-- 7,a7 after the head of the ,office of ,whistleblower ,awards transmits original information to the ,inspector ,general of the ,small ,business ,administration under subsection 7c77#a77;,a77ii77,i7 of section #di of the ,small ,business ,act1 as added by section #b1 and tracks such information through a final conviction or settlement or plea agreement with respect to a ,,covid loan action1 the head of the ,office of ,whistleblower ,awards shall request that the ,inspector ,general indicate1 for each piece of such original information1 that-- 7i7 such original information was the basis1 in whole or in part1 of such ,,covid loan action2 7ii7 such original information was not the basis1 in whole or in part1 of such ,,covid loan action2 or 7iii7 whether such original information was the basis1 in whole or in part1 of such ,,covid loan action may not be disclosed2 7,b7 if the ,inspector ,general indicates that whether a piece of original information was the basis1 in whole or in part1 of a ,,covid loan action may not be disclosed1 such original information shall be deemed to have not been the basis1 in whole or in part1 of such ,,covid loan action4 7#b7 ,,covid loan action2 final conviction2 original information defined ,in this subsection1 the terms ,,covid loan action1 final conviction1 and original information have the meanings given such terms in subsection 7k7 of section #di of the ,small ,business ,act1 as added by section #b4 ,february #bc1 #bjbd ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed