Sec. 103. Awards to whistleblowers

473 words·~2 min read·/bill/116/hr/864/ih/section-103

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Subject to paragraphs

(2)and (3), if a Secretary concerned proceeds with any administrative or judicial action under any of the laws described in section 102(b)(1) based on information brought to the attention of the Secretary concerned by a person qualified to receive an award under this section, the Secretary concerned shall pay that person an award. Subject to subparagraph (B), the Secretary concerned shall determine the amount of the award under paragraph

(1)based on the extent to which the person substantially contributed to the action. The award under paragraph

(1)shall be not less than 15 percent, and not more than 50 percent, of the amounts received by the United States as penalties, interest, fines, forfeitures, community service payments, restitution payments, and additional amounts in the action (including any related civil or criminal actions) or any under settlement or plea agreement in response to that action. The amount of the award under paragraph

(1)shall be— determined not later than 90 days after the date of the applicable plea agreement, judgment, or settlement in that action; and paid from the amounts so received by the United States. A Secretary concerned may make an award under this subsection only in a case in which the total sanction from all penalties, fines, community service payments, restitution, interest, forfeitures, or civil or criminal recoveries (including in related actions) exceeds $100,000. If the applicable Secretary concerned determines that the claim for an award under subsection

(a)is brought by a person who planned and initiated the actions that led to the violation, the Secretary concerned may appropriately reduce the amount of the award. If the person described in paragraph

(1)is convicted of criminal conduct arising from the role described in that paragraph, the applicable Secretary concerned shall deny any award under this subsection. Any determination with respect to an award under subsection

(a)may be appealed to the appropriate court of appeals of the United States pursuant to section 706 of title 5, United States Code, not later than 30 days after the date of the determination. The Secretaries concerned shall permit the submission of confidential and anonymous reports under this subsection consistent with the procedures set forth in subsections (d)(2) and

(h)of section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 ). This section shall apply only with respect to amounts received by the United States described in subsection

(a)on or after the date of enactment of this Act. The Secretaries concerned shall each year conduct a study on, and submit to Congress a report describing the use of, authorities, claims filed, awards paid, and outreach conducted under this section. The requirement under paragraph

(1)may be satisfied by incorporating the report into the plan of action required under section 102 or a revision under section 102(c).

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15 USC 78u–6

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Sec. 103

Awards to whistleblowers

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