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‘‘(d) SOURCE OF REWARDS.—For the purposes of 
paying a reward under this section, the Secretary may, 
subject to amounts made available in advance by appro-
priation Acts, use criminal fine, civil penalty, or forfeiture 
amounts recovered based on the original information with 
respect to which the reward is being paid.’’. 
(b) 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.—In this section: 
‘‘(1) 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 
Act that results in monetary sanctions exceeding 
$1,000,000. 
‘‘(2) FINCEN.—The term ‘FinCEN’ means the 
Financial Crimes Enforcement Network. 
‘‘(3) MONETARY SANCTIONS.—The term ‘mone-
tary sanctions’, when used with respect to any judi-
cial or administrative action, means— 
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‘‘(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. 
‘‘(4) 
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, 
unless the whistleblower is a source of the infor-
mation. 
‘‘(5) 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. 
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‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(7) WHISTLEBLOWER.—The term ‘whistle-
blower’ means any individual who provides, or two 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, the Sec-
retary, under such rules as the Secretary may issue 
and subject to subsection (c), shall pay an award or 
awards to one or more whistleblowers who volun-
tarily provided original information to FinCEN that 
led to the successful enforcement of the covered judi-
cial or administrative action, or related action, in an 
aggregate amount equal to not more than 30 per-
cent, in total, of what has been collected of the mon-
etary 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-
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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.— 
‘‘(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 
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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. 
‘‘(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 
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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. 
‘‘(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 
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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 
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.’’. 
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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 
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.’’. 
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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 
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. 
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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 5 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 
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. 
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(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— 
‘‘(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 
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