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Code · BILL · 117th Congress · H.R. 6059 (Introduced in House) — To support wildlife conservation, improve anti-trafficking enforcement, provide dedicated funding at no expense to ta... · Sec. 103

Sec. 103. Awards to whistleblowers

702 words·~3 min read·/bill/117/hr/6059/ih/section-103·

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Subject to paragraphs
(2)and (3), if a Secretary concerned proceeds with any judicial or administrative 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), in determining the amount of an award made under this subsection, the Secretary concerned shall take into consideration— the significance of the information provided by the whistleblower to the success of covered judicial or administrative action; the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action; and the programmatic interest of the Secretary in deterring violations of laws applicable to wildlife trafficking by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws. The award under paragraph
(1)shall be not less than 10 percent, and not more than 30 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 under any 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 submit to Congress a report describing their use of whistleblower authorities in law enforcement, including claims filed, awards paid, the provision or provisions of law violated from which whistleblower payments were derived, 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). No employer shall retaliate against any employee, former employee, or applicant for employment because the employee, former employee, or applicant for employment filed a claim under this provision, raised concerns to other federal, state or local regulatory or law enforcement authorities concerning a potential violation of any wildlife trafficking law covered under this provision, or reported such violation to his or her supervisor or another person working on behalf of the employer who has the authority to investigate or correct any such potential violation. An employee alleging discharge or discrimination in violation of subsection
(g)of this section, or another person at the employee’s request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsections
(c)and
(d)of section 5567 of title 12, United States Code. Such complaint shall be subject to the procedures, requirements and rights described in those sections.
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  • 15 USC 78u–6
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Sec. 103
Awards to whistleblowers
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