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Code · BILL · 114th Congress · H.R. 4619 (Introduced in House) — To strengthen incentives and protections for whistleblowers in the financial industry and related regulatory agencies... · Sec. 2

Sec. 2. Amendments to the Financial Institutions Anti-Fraud Enforcement Act of 1990

620 words·~3 min read·/bill/114/hr/4619/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 2565(d) of the Financial Institutions Anti-Fraud Enforcement Act of 1990 ( 12 U.S.C. 4205(d)(1)(A) ) is amended— in paragraph (1)(A)— by redesignating clause
(ii)as clause (iii); and by striking clause
(i)and inserting the following: Not less than 10 percent, in total, of what has been collected in any recovery imposed in the action or related actions. Not more than 30 percent, in total, of what has been collected in any recovery imposed in the action or related actions. ; and by adding at the end the following new paragraph: Any determination regarding an award under this section may, within 30 days of such determination, be appealed to the appropriate court of appeals of the United States. . The Financial Institutions Anti-Fraud Enforcement Act of 1990 ( 12 U.S.C. 4212 ) is amended by striking section 2572 and inserting the following: In a civil action, a person may obtain all relief necessary to make such person whole if such person— was discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the person on behalf of the person or others in furtherance of a prosecution under section 215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341, 1343, 1344, or 1517 of title 18 (including provision of information relating to, investigation for, initiation of, testimony for, or assistance in such a prosecution); and did not act without direction from his or her employer to deliberately cause the violation disclosed. Relief under subsection
(a)shall include— reinstatement with the same seniority status; twice the amount of back pay and interest that the plaintiff would have had but for the discrimination; and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorneys fees. Complaints for relief shall be governed by the procedures, evidentiary standards, and burdens of proof in section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5567 ). . Section 2573 of the Financial Institutions Anti-Fraud Enforcement Act of 1990 ( 12 U.S.C. 4213 ) is amended— by striking The Attorney General and inserting the following: The Attorney General ; and by adding at the end the following: The Attorney General shall issue regulations requiring every employer covered by this Act to provide education and training to its employees on the rights and remedies provided under this section, including through individual notice to its employees, posting information on its website homepage, and providing mandatory training for its employees. . Section 2580 of the Financial Institutions Anti-Fraud Enforcement Act of 1990 ( 12 U.S.C. 4225 ) is amended by striking subsection
(c)and inserting the following: When the United States recovers any asset or assets specifically identified in a valid declaration filed under section 4221 of this title and the Attorney General determines that the asset or assets would not have been recovered if the declaration had not been filed, the declarant shall have the right to share in the recovery in the amount of— not less than 10 percent, in total, of what has been collected in any recovery imposed in the action or related actions; and not more than 30 percent, in total, of what has been collected in any recovery imposed in the action or related actions. . The Financial Institutions Anti-Fraud Enforcement Act of 1990 ( 12 U.S.C. 4228 ) is amended by striking section 2583 and inserting the following: Any determination regarding an award under this chapter may, within 30 days of such determination, be appealed to the appropriate court of appeals of the United States. .
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