‘‘(2) to not discriminate against an employee or 
former employee for such reports.’’. 
(b) REWARDS.—Section 5323(d) of title 31, United 
States Code, is amended to read as follows: 
‘‘(d) SOURCE OF REWARDS.—For the purposes of 
paying an award under this section, there are authorized 
to be appropriated such sums as may be necessary, and 
the Secretary may also use funds from the Department 
of the Treasury Forfeiture Fund and the Department of 
Justice Assets Forfeiture Fund.’’. 
(c) WHISTLEBLOWER INCENTIVES.— 
Chapter 53 of title 31, United States Code, is 
amended— 
(1) by inserting after section 5323 the fol-
lowing: 
‘‘§ 5323A. Whistleblower incentives 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) BANK SECRECY ACT.—The term ‘Bank Se-
crecy Act’ means this subchapter, section 21 of the 
Federal Deposit Insurance Act (12 U.S.C. 1829b), 
and section 123 of Public Law 91–508. 
‘‘(2) COVERED JUDICIAL OR ADMINISTRATIVE 
ACTION.—The term ‘covered judicial or administra-
tive action’ means any judicial or administrative ac-
tion brought by FinCEN under the Bank Secrecy 
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Act that results in monetary sanctions exceeding 
$1,000,000. 
‘‘(3) FINCEN.—The term ‘FinCEN’ means the 
Financial Crimes Enforcement Network. 
‘‘(4) MONETARY SANCTIONS.—The term ‘mone-
tary sanctions’, when used with respect to any judi-
cial or administrative action, means— 
‘‘(A) any monies, including penalties, 
disgorgement, and interest, ordered to be paid; 
and 
‘‘(B) 
any 
monies 
deposited 
into 
a 
disgorgement fund as a result of such action or 
any settlement of such action. 
‘‘(5) 
ORIGINAL
INFORMATION.—The 
term 
‘original information’ means information that— 
‘‘(A) is derived from the independent 
knowledge or analysis of a whistleblower; 
‘‘(B) is not known to FinCEN from any 
other source, unless the whistleblower is the 
original source of the information; and 
‘‘(C) is not exclusively derived from an al-
legation made in a judicial or administrative 
hearing, in a governmental report, hearing, 
audit, or investigation, or from the news media, 
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unless the whistleblower is a source of the infor-
mation. 
‘‘(6) RELATED ACTION.—The term ‘related ac-
tion’, when used with respect to any judicial or ad-
ministrative action brought by FinCEN, means any 
judicial or administrative action that is based upon 
original information provided by a whistleblower that 
led to the successful enforcement of the action. 
‘‘(7) WHISTLEBLOWER.—The term ‘whistle-
blower’ means any individual who provides, or 2 or 
more individuals acting jointly who provide, informa-
tion relating to a violation of laws enforced by 
FinCEN, in a manner established, by rule or regula-
tion, by FinCEN. 
‘‘(b) AWARDS.— 
‘‘(1) IN GENERAL.—In any covered judicial or 
administrative action, or related action, FinCEN, 
under regulations it prescribes and subject to sub-
section (c), shall pay an award or awards to 1 or 
more whistleblowers who voluntarily provided origi-
nal information to FinCEN that led to the success-
ful enforcement of the covered judicial or adminis-
trative action, or related action, in an aggregate 
amount equal to— 
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‘‘(A) not less than 10 percent, in total, of 
what has been collected of the monetary sanc-
tions imposed in the action or related actions; 
and 
‘‘(B) not more than 30 percent, in total, of 
what has been collected of the monetary sanc-
tions imposed in the action or related actions. 
‘‘(2) SOURCE OF AWARDS.—For the purposes of 
paying any award under paragraph (1) there are au-
thorized to be appropriated such sums as may be 
necessary, and the Secretary may also use funds 
from the Department of the Treasury Forfeiture 
Fund and the Department of Justice Assets For-
feiture Fund. 
‘‘(c) DETERMINATION OF AMOUNT OF AWARD; DE-
NIAL OF AWARD.— 
‘‘(1) 
DETERMINATION
OF
AMOUNT
OF 
AWARD.— 
‘‘(A) DISCRETION.—The determination of 
the amount of an award made under subsection 
(b) shall be in the discretion of FinCEN. 
‘‘(B) CRITERIA.—In responding to a dis-
closure and determining the amount of an 
award made, FinCEN shall meet with the whis-
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tleblower to discuss evidence disclosed and 
rebuttals to the disclosure, and— 
‘‘(i) shall take into consideration— 
‘‘(I) the significance of the infor-
mation provided by the whistleblower 
to the success of the covered judicial 
or administrative action; 
‘‘(II) the degree of assistance 
provided by the whistleblower and any 
legal representative of the whistle-
blower in a covered judicial or admin-
istrative action; 
‘‘(III) the mission of FinCEN in 
deterring violations of the law by 
making awards to whistleblowers who 
provide information that lead to the 
successful enforcement of such laws; 
and 
‘‘(IV) such additional relevant 
factors as FinCEN may establish by 
rule or regulation; and 
‘‘(ii) shall not take into consideration 
the balance of any fund described under 
section 5323(d). 
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‘‘(2) DENIAL
OF
AWARD.—No award under 
subsection (b) shall be made— 
‘‘(A) to any whistleblower who is, or was at 
the time the whistleblower acquired the original 
information submitted to FinCEN, a member, 
officer, or employee of— 
‘‘(i) an appropriate regulatory agency; 
‘‘(ii) the Department of Justice; 
‘‘(iii) a self-regulatory organization; or 
‘‘(iv) a law enforcement organization; 
‘‘(B) to any whistleblower who is convicted 
of a criminal violation related to the judicial or 
administrative action for which the whistle-
blower otherwise could receive an award under 
this section; 
‘‘(C) to any whistleblower who gains the 
information through the performance of an 
audit of financial statements required under the 
Bank Secrecy Act and for whom such submis-
sion would be contrary to its requirements; or 
‘‘(D) to any whistleblower who fails to sub-
mit information to FinCEN in such form as 
FinCEN may, by rule, require. 
‘‘(3) STATEMENT OF REASONS.—For any deci-
sion granting or denying an award, FinCEN shall 
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