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‘‘(b) AWARDS.— 
‘‘(1) IN GENERAL.—In any covered judicial or 
administrative action, or related action, the Sec-
retary, under such rules as the Secretary may issue 
and subject to subsection (c), shall pay an award or 
awards to 1 or more whistleblowers who voluntarily 
provided original information to FinCEN that led to 
the successful enforcement of the covered judicial or 
administrative action, or related action, in an aggre-
gate amount equal to not more than 30 percent, in 
total, of what has been collected of the monetary 
sanctions imposed in the action. 
‘‘(2) SOURCE OF AWARDS.—For the purposes of 
paying any award under paragraph (1), the Sec-
retary may, subject to amounts made available in 
advance by appropriation Acts, use monetary sanc-
tion amounts recovered based on the original infor-
mation with respect to which the award is being 
paid. 
‘‘(c) DETERMINATION OF AMOUNT OF AWARD; DE-
NIAL OF AWARD.— 
‘‘(1) 
DETERMINATION
OF
AMOUNT
OF 
AWARD.— 
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‘‘(A) DISCRETION.—The determination of 
the amount of an award made under subsection 
(b) shall be in the discretion of the Secretary. 
‘‘(B) CRITERIA.—In responding to a dis-
closure and determining the amount of an 
award made, FinCEN staff shall meet with the 
whistleblower to discuss evidence disclosed and 
rebuttals to the disclosure, and shall take into 
consideration— 
‘‘(i) the significance of the informa-
tion provided by the whistleblower to the 
success of the covered judicial or adminis-
trative action; 
‘‘(ii) the degree of assistance provided 
by the whistleblower and any legal rep-
resentative of the whistleblower in a cov-
ered judicial or administrative action; 
‘‘(iii) the mission of FinCEN in deter-
ring violations of the law by making 
awards to whistleblowers who provide in-
formation that lead to the successful en-
forcement of such laws; and 
‘‘(iv) such additional relevant factors 
as the Secretary may establish by rule. 
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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, or who the Secretary 
has a reasonable basis to believe committed a 
criminal violation, related to the judicial or ad-
ministrative action for which the whistleblower 
otherwise could receive an award under this sec-
tion; 
‘‘(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 the 
Secretary may, by rule, require. 
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‘‘(3) STATEMENT OF REASONS.—For any deci-
sion granting or denying an award, the Secretary 
shall provide to the whistleblower a statement of rea-
sons that includes findings of fact and conclusions of 
law for all material issues. 
‘‘(d) REPRESENTATION.— 
‘‘(1) 
PERMITTED
REPRESENTATION.—Any 
whistleblower who makes a claim for an award under 
subsection (b) may be represented by counsel. 
‘‘(2) REQUIRED REPRESENTATION.— 
‘‘(A) IN
GENERAL.—Any whistleblower 
who anonymously makes a claim for an award 
under subsection (b) shall be represented by 
counsel if the whistleblower anonymously sub-
mits the information upon which the claim is 
based. 
‘‘(B) DISCLOSURE OF IDENTITY.—Prior to 
the payment of an award, a whistleblower shall 
disclose their identity and provide such other 
information as the Secretary may require, di-
rectly or through counsel for the whistleblower. 
‘‘(e) APPEALS.—Any determination made under this 
section, including whether, to whom, or in what amount 
to make awards, shall be in the discretion of the Secretary. 
Any such determination, except the determination of the 
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amount of an award if the award was made in accordance 
with subsection (b), may be appealed to the appropriate 
court of appeals of the United States not more than 30 
days after the determination is issued by the Secretary. 
The court shall review the determination made by the Sec-
retary in accordance with section 706 of title 5. 
‘‘(f) EMPLOYEE PROTECTIONS.—The Secretary of 
the Treasury shall issue regulations protecting a whistle-
blower from retaliation, which shall be as close as prac-
ticable to the employee protections provided for under sec-
tion 1057 of the Consumer Financial Protection Act of 
2010.’’; and 
(2) in the table of contents for such chapter, by 
inserting after the item relating to section 5323 the 
following new item: 
‘‘5323A. Whistleblower incentives.’’. 
SEC. 207. CERTAIN VIOLATORS BARRED FROM SERVING ON 
BOARDS OF UNITED STATES FINANCIAL IN-
STITUTIONS. 
Section 5321 of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(f) CERTAIN VIOLATORS BARRED FROM SERVING 
ON BOARDS OF UNITED STATES FINANCIAL INSTITU-
TIONS.— 
‘‘(1) IN
GENERAL.—An individual found to 
have committed an egregious violation of a provision 
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of (or rule issued under) the Bank Secrecy Act shall 
be barred from serving on the board of directors of 
a United States financial institution for a 10-year 
period beginning on the date of such finding. 
‘‘(2) EGREGIOUS
VIOLATION
DEFINED.—With 
respect to an individual, the term ‘egregious viola-
tion’ means— 
‘‘(A) a felony criminal violation for which 
the individual was convicted; and 
‘‘(B) a civil violation where the individual 
willfully committed such violation and the viola-
tion facilitated money laundering or the financ-
ing of terrorism.’’. 
SEC. 208. ADDITIONAL DAMAGES FOR REPEAT BANK SE-
CRECY ACT VIOLATORS. 
(a) IN GENERAL.—Section 5321 of title 31, United 
States Code, as amended by section 208, is further amend-
ed by adding at the end the following: 
‘‘(g) ADDITIONAL DAMAGES
FOR REPEAT VIOLA-
TORS.—In addition to any other fines permitted by this 
section and section 5322, with respect to a person who 
has previously been convicted of a criminal provision of 
(or rule issued under) the Bank Secrecy Act or who has 
admitted, as part of a deferred- or non-prosecution agree-
ment, to having previously committed a violation of a 
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criminal provision of (or rule issued under) the Bank Se-
crecy Act, the Secretary may impose an additional civil 
penalty against such person for each additional such viola-
tion in an amount equal to up three times the profit 
gained or loss avoided by such person as a result of the 
violation.’’. 
(b) PROSPECTIVE APPLICATION OF AMENDMENT.— 
For purposes of determining whether a person has com-
mitted a previous violation under section 5321(g) of title 
31, United States Code, such determination shall only in-
clude violations occurring after the date of enactment of 
this Act. 
SEC. 209. JUSTICE ANNUAL REPORT ON DEFERRED AND 
NON-PROSECUTION AGREEMENTS. 
(a) ANNUAL REPORT.—The Attorney General shall 
issue an annual report, every year for the five years begin-
ning on the date of enactment of this Act, to the Commit-
tees on Financial Services and the Judiciary of the House 
of Representatives and the Committees on Banking, Hous-
ing, and Urban Affairs and the Judiciary of the Senate 
containing— 
(1) a list of deferred prosecution agreements 
and non-prosecution agreements that the Attorney 
General has entered into during the previous year 
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with any person with respect to a violation or sus-
pected violation of the Bank Secrecy Act; 
(2) the justification for entering into each such 
agreement; 
(3) the list of factors that were taken into ac-
count in determining that the Attorney General 
should enter into each such agreement; and 
(4) the extent of coordination the Attorney 
General conducted with the Financial Crimes En-
forcement Network prior to entering into each such 
agreement. 
(b) CLASSIFIED ANNEX.—Each report under sub-
section (a) may include a classified annex. 
(c) BANK SECRECY ACT DEFINED.—For purposes of 
this section, the term ‘‘Bank Secrecy Act’’ has the mean-
ing given that term under section 5312 of title 31, United 
States Code. 
SEC. 210. RETURN OF PROFITS AND BONUSES. 
(a) IN GENERAL.—Section 5322 of title 31, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) RETURN OF PROFITS AND BONUSES.—A person 
convicted of violating a provision of (or rule issued under) 
the Bank Secrecy Act shall— 
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‘‘(1) in addition to any other fine under this 
section, be fined in an amount equal to the profit 
gained by such person by reason of such violation, 
as determined by the court; and 
‘‘(2) if such person is an individual who was a 
partner, director, officer, or employee of a financial 
institution at the time the violation occurred, repay 
to such financial institution any bonus paid to such 
individual during the Federal fiscal year in which 
the violation occurred or the Federal fiscal year 
after which the violation occurred.’’. 
(b) RULE
OF
CONSTRUCTION.—The amendment 
made by subsection (a) may not be construed to prohibit 
a financial institution from requiring the repayment of a 
bonus paid to a partner, director, officer, or employee if 
the financial institution determines that the partner, di-
rector, officer, or employee engaged in unethical, but non- 
criminal, activities. 
SEC. 211. APPLICATION OF BANK SECRECY ACT TO DEAL-
ERS IN ANTIQUITIES. 
(a) IN GENERAL.—Section 5312(a)(2) of title 31, 
United States Code, is amended— 
(1) in subparagraph (Y), by striking ‘‘or’’ at 
the end; 
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(2) by redesignating subparagraph (Z) as sub-
paragraph (AA); and 
(3) by inserting after subsection (Y) the fol-
lowing: 
‘‘(Z) a person trading or acting as an 
intermediary in the trade of antiquities, includ-
ing an advisor, consultant or any other person 
who engages as a business in the solicitation of 
the sale of antiquities; or’’. 
(b) STUDY ON THE FACILITATION OF MONEY LAUN-
DERING AND TERROR FINANCE THROUGH THE TRADE OF 
WORKS OF ART OR ANTIQUITIES.— 
(1) STUDY.—The Secretary of the Treasury, in 
coordination with Federal Bureau of Investigation, 
the Attorney General, and Homeland Security Inves-
tigations, shall perform a study on the facilitation of 
money laundering and terror finance through the 
trade of works of art or antiquities, including an 
analysis of— 
(A) the extent to which the facilitation of 
money laundering and terror finance through 
the trade of works of art or antiquities may 
enter or affect the financial system of the 
United States, including any qualitative data or 
statistics; 
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(B) whether thresholds and definitions 
should apply in determining which entities to 
regulate; 
(C) an evaluation of which markets, by 
size, entity type, domestic or international geo-
graphical locations, or otherwise, should be sub-
ject to regulations, but only to the extent such 
markets are not already required to report on 
the trade of works of art or antiquities to the 
Federal Government; 
(D) an evaluation of whether certain ex-
emptions should apply; and 
(E) any other points of study or analysis 
the Secretary determines necessary or appro-
priate. 
(2) REPORT.—Not later than the end of the 
180-day period beginning on the date of the enact-
ment of this Act, the Secretary of the Treasury shall 
issue a report to the Committee on Financial Serv-
ices of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate containing all findings and determina-
tions made in carrying out the study required under 
paragraph (1). 
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