‘‘(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 crimi-
nal violation, related to the judicial or adminis-
trative action for which the whistleblower other-
wise could receive an award under this section; 
‘‘(C) to any whistleblower who gains the in-
formation through the performance of an audit 
of financial statements required under the Bank 
Secrecy Act and for whom such submission 
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. 
‘‘(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.— 
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‘‘(1) PERMITTED REPRESENTATION.—Any whis-
tleblower who makes a claim for an award under sub-
section (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 submits the in-
formation 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 in-
formation as the Secretary may require, directly 
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 
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 Secretary in 
accordance with section 706 of title 5. 
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‘‘(f) EMPLOYEE PROTECTIONS.—The Secretary of the 
Treasury shall issue regulations protecting a whistleblower 
from retaliation, which shall be as close as practicable to 
the employee protections provided for under section 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. 208. CERTAIN VIOLATORS BARRED FROM SERVING ON 
BOARDS OF UNITED STATES FINANCIAL IN-
STITUTIONS. 
Section 5321 of title 31, United States Code, is amend-
ed by adding at the end the following: 
‘‘(f) CERTAIN VIOLATORS BARRED FROM SERVING ON 
BOARDS OF UNITED STATES FINANCIAL INSTITUTIONS.— 
‘‘(1) IN GENERAL.—An individual found to have 
committed an egregious violation of a provision 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 pe-
riod beginning on the date of such finding. 
‘‘(2) EGREGIOUS VIOLATION DEFINED.—With re-
spect to an individual, the term ‘egregious violation’ 
means— 
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‘‘(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. 209. 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 amended 
by adding at the end the following: 
‘‘(g) ADDITIONAL DAMAGES
FOR REPEAT VIOLA-
TORS.—In addition to any other fines permitted by this sec-
tion 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 agreement, to hav-
ing previously committed a violation of a criminal provi-
sion of (or rule issued under) the Bank Secrecy Act, the 
Secretary may impose an additional civil penalty against 
such person for each additional such violation 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 committed 
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a previous violation under section 5321(g) of title 31, 
United States Code, such determination shall only include 
violations occurring after the date of enactment of this Act. 
SEC. 210. 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 Committees 
on Financial Services and the Judiciary of the House of 
Representatives and the Committees on Banking, Housing, 
and Urban Affairs and the Judiciary of the Senate con-
taining— 
(1) a list of deferred prosecution agreements and 
non-prosecution agreements that the Attorney General 
has entered into during the previous year with any 
person with respect to a violation or suspected viola-
tion 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 Gen-
eral conducted with the Financial Crimes Enforce-
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