S. 3316 — what changed
Anti-Money Laundering Whistleblower Improvement Act
From Introduced in Senate to Engrossed in Senate. 1 section amended and 1 added between Introduced in Senate and Engrossed in Senate.
Section 1 Short title
changed
Section 5323 of title 31, United States Code, This Act may be cited as amended by section 6314 of the Anti-Money “Anti-Money Laundering Act of 2020 (division F of Public Law 116–283) is amended by striking subsection (b) and inserting the following:Whistleblower Improvement Act”.
removed
“(b) Awards
removed
“(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—
removed
“(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
removed
“(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.
removed
“(2) Payment of awards—Any amount paid under paragraph (1) shall be paid from the Fund established under paragraph (3).
removed
“(3) Source of awards
removed
“(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).
removed
“(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).
removed
“(C) Restrictions on use of fund—The Fund shall not be available to pay any personnel or administrative expenses.
removed
“(4) Deposits and credits
removed
“(A) In general—There shall be deposited into or credited to the Fund an amount equal to—
removed
“(i) any monetary sanction collected by the Secretary or Attorney General in any judicial or administrative action under this title unless the balance of the Fund at the time the monetary judgement is collected exceeds $300,000,000; and
removed
“(ii) all income from investments made under paragraph (5).
removed
“(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.
removed
“(5) Investments
removed
“(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.
removed
“(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.
removed
“(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.”
Sec. 2 Whistleblower incentives and protections
addedadded “(b) Awards
added “(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—
added “(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
added “(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.
added “(2) Payment of awards
added “(A) In general—Any amount paid under paragraph (1) shall be paid from the Fund established under paragraph (3).
added “(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.
added “(3) Source of awards
added “(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”).
added “(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).
added “(C) Restrictions on use of fund—The Fund shall not be available to pay any personnel or administrative expenses.
added “(4) Deposits and credits
added “(A) In general—There shall be deposited into or credited to the Fund an amount equal to—
added “(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
added “(ii) all income from investments made under paragraph (5).
added “(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.
added “(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.
added “(5) Investments
added “(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.
added “(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.
added “(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.”