United States 114th Congress Status: Died 1 D cosponsors

HR 4619 — WARN Act of 2016 Whistleblower Augmented Reward and Nonretaliation Act of 2016

Last action — Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

WARN Act of 2016 Whistleblower Augmented Reward and Nonretaliation Act of 2016 This bill amends the Financial Institutions Anti-Fraud Enforcement Act of 1990 governing the rights of a private person (declarant) who files a declaration of a violation giving rise to a federal action for civil penalties with respect to fraud crimes involving federally insured financial institutions. The bill revises the minimum and maximum percentage of a declarant's entitlement to share in the recovery by the United States from a judgment, order, or settlement that was based in whole or in part on the information contained in a valid declaration, and allows a 30-day window in which to appeal any award determination. The bill prescribes specified relief in a civil action intended to protect declarants from employer reprisals including reinstatement with the same seniority status. The Department of Justice shall require employers to provide education and training to employees regarding declarant rights and remedies. The Federal Deposit Insurance Act is amended to extend similar protections to employees of banking agencies, together with the same minimum and maximum rewards for information leading to recoveries or civil penalties. Both the Securities Exchange Act of 1934 and the Commodity Exchange Act are amended to: (1) remove the definition of whistleblower, and (2) prohibit the Securities and Exchange Commission and the Commody Futures Trading Commission (Commissions) from denying eligibility for an award if the information basic to the award is submitted within 90 days after obtaining knowledge of the disclosed misconduct. The Commissions shall also presume that reports are timely and shall not reduce an award due to delay, unless disclosure was deliberately postponed either because of culpability, interference with internal investigative processes, or attempts at self-enrichment. The prohibition against employer retaliation shall cover acts by the whistleblower in: (1) objecting to, or refusing to participate in, any activity, policy, practice which the whistleblower reasonably believed to be in violation of Commission-enforceable law, rule, order, standard, or prohibition; or (2) providing information relating to any violation within Commission jurisdiction. Relief for an individual prevailing in an enforcement action shall include compensatory damages and up to $250,000 in punitive damages. The bill prohibits employers from: (1) taking specified actions to impede an individual who undertakes a protected activity, or (2) engaging in any other discrimination that would chill the exercise of a protected activity. The Commissions shall promulgate regulations requiring each employer to maintain internal compliance programs. The bill makes conforming amendments to federal criminal law.

Bill Text

We don't have the full text on file for this bill yet.

Read HR 4619 on the official United States source →

Action History

  1. Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.

  2. Referred to House Judiciary

  3. Referred to House Agriculture

  4. Referred to House Financial Services

  5. Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HR 4619 do?
WARN Act of 2016 Whistleblower Augmented Reward and Nonretaliation Act of 2016 This bill amends the Financial Institutions Anti-Fraud Enforcement Act of 1990 governing the rights of a private person (declarant) who files a declaration of a violation giving rise to a federal action for civil penalties with respect to fraud crimes involving federally insured financial institutions. The bill revises the minimum and maximum percentage of a declarant's entitlement to share in the recovery by the United States from a judgment, order, or settlement that was based in whole or in part on the information contained in a valid declaration, and allows a 30-day window in which to appeal any award determination. The bill prescribes specified relief in a civil action intended to protect declarants from employer reprisals including reinstatement with the same seniority status. The Department of Justice shall require employers to provide education and training to employees regarding declarant rights and remedies. The Federal Deposit Insurance Act is amended to extend similar protections to employees of banking agencies, together with the same minimum and maximum rewards for information leading to recoveries or civil penalties. Both the Securities Exchange Act of 1934 and the Commodity Exchange Act are amended to: (1) remove the definition of whistleblower, and (2) prohibit the Securities and Exchange Commission and the Commody Futures Trading Commission (Commissions) from denying eligibility for an award if the information basic to the award is submitted within 90 days after obtaining knowledge of the disclosed misconduct. The Commissions shall also presume that reports are timely and shall not reduce an award due to delay, unless disclosure was deliberately postponed either because of culpability, interference with internal investigative processes, or attempts at self-enrichment. The prohibition against employer retaliation shall cover acts by the whistleblower in: (1) objecting to, or refusing to participate in, any activity, policy, practice which the whistleblower reasonably believed to be in violation of Commission-enforceable law, rule, order, standard, or prohibition; or (2) providing information relating to any violation within Commission jurisdiction. Relief for an individual prevailing in an enforcement action shall include compensatory damages and up to $250,000 in punitive damages. The bill prohibits employers from: (1) taking specified actions to impede an individual who undertakes a protected activity, or (2) engaging in any other discrimination that would chill the exercise of a protected activity. The Commissions shall promulgate regulations requiring each employer to maintain internal compliance programs. The bill makes conforming amendments to federal criminal law.
Who sponsors HR 4619?
HR 4619 is sponsored by Elijah Cummings (D).
What is the current status of HR 4619?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4619?
Track HR 4619 free on One Click Politics — get push/email alerts when it moves.

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