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OSHA 1992.100

Anti-retaliation protections procedures

20 Questions & Answers

Questions & Answers

Under 1992.100(a), what specific whistleblower activities does AMLA protect?

AMLA protects whistleblowers who provide information about violations of certain money‑laundering and related statutes or who assist investigations or proceedings based on that information. Specifically, protection covers:

  • Providing information relating to a violation of 31 U.S.C. chapter 53, subchapter II (records and reports on monetary instrument transactions, 31 U.S.C. 5311–5336).
  • Providing information relating to violations of chapter 35 or 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or conspiracies to violate those provisions.
  • Initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Department of the Treasury or the Department of Justice based upon or related to such information.
  • Providing information about conduct the whistleblower reasonably believes violates any law, rule, or regulation within the Department of the Treasury’s jurisdiction or violations of 18 U.S.C. 1956, 1957, or 1960 (or regulations under those provisions).

See the statement of protections in 1992.100(a).

Under 1992.100(a), does AMLA protect someone who merely reasonably believes a Treasury‑jurisdiction law was violated, even if later shown incorrect?

Yes; AMLA protects a whistleblower who provides information about conduct the whistleblower reasonably believes constitutes a violation within the Department of the Treasury’s jurisdiction. The protection applies based on the whistleblower’s reasonable belief, not on whether the violation is ultimately proven.

See the reasonable‑belief protection described in 1992.100(a).

Under 1992.100(a), are reports to the Department of Justice or the Department of the Treasury covered activities?

Yes; initiating, testifying in, or assisting in investigations or judicial or administrative actions of the Department of the Treasury or the Department of Justice are protected activities under AMLA. This protection applies when those actions are based upon or related to the whistleblower’s information.

See the explicit inclusion of Treasury and Justice actions in 1992.100(a).

Under 1992.100(a), which federal statutes are specifically named as triggering AMLA protection when violations are reported?

AMLA specifically names the following statutes as grounds for protection when violations are reported: 31 U.S.C. chapter 53, subchapter II (31 U.S.C. 5311–5336), chapter 35 of title 50, 50 U.S.C. 4305, 50 U.S.C. 4312, the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), and 18 U.S.C. 1956, 1957, and 1960 (including related rules or regulations).

See the list of covered statutes in 1992.100(a).

Under 1992.100(b), what kinds of procedures does this part establish for handling AMLA retaliation complaints?

This part establishes procedures for filing complaints, investigations, issuance of findings and preliminary orders, objections, litigation before administrative law judges (ALJs), post‑hearing administrative review, and withdrawals and settlements. It is intended to ensure expeditious handling of retaliation complaints brought under AMLA.

See the overview of procedural steps in 1992.100(b).

Under 1992.100(b), are AMLA complaint procedures tied to other federal procedural rules?

Yes; the procedures under this part operate together with 29 CFR parts 18 and 26 to set forth the full process for AMLA complaints, including hearing procedures before administrative law judges and related administrative rules.

See the cross‑reference to additional procedural rules in 1992.100(b).

Under 1992.100(b), who may file an AMLA retaliation complaint?

A whistleblower who experienced retaliation, or a person acting on behalf of that whistleblower, may file an AMLA retaliation complaint under the procedures established by this part.

See the filing parties identified in 1992.100(b).

Under 1992.100(b), does the part address how settlements and withdrawals are handled?

Yes; this part includes procedures that cover withdrawals and settlements of AMLA retaliation complaints as part of the overall process for resolving claims.

See the inclusion of withdrawals and settlements in the procedural scope at 1992.100(b).

Under 1992.100(a), does AMLA protect disclosures about conspiracies to violate covered statutes?

Yes; AMLA protects disclosures that provide information relating to conspiracies to violate the named statutes (for example, conspiracies to violate 31 U.S.C. chapter 53 or the Foreign Narcotics Kingpin Designation Act).

See the explicit mention of conspiracies in 1992.100(a).

Under 1992.100(a), is protection limited only to employees of financial institutions or does it include others?

AMLA’s text in 1992.100(a) describes the types of protected activities rather than limiting protection to a specific employer class; protection applies to whistleblowers who engage in those activities regardless of employer type when the information relates to the statutes and jurisdictions listed.

See the scope of protected activities in 1992.100(a).

Under 1992.100(b), what administrative stages can an AMLA retaliation complaint go through?

An AMLA retaliation complaint can proceed through submission of the complaint, investigation, issuance of findings and a preliminary order, possible objections to those findings and orders, litigation before an administrative law judge (ALJ), post‑hearing administrative review, and potential withdrawal or settlement.

See the full list of stages in 1992.100(b).

Under 1992.100(a), are reports about violations of 18 U.S.C. 1956, 1957, and 1960 protected under AMLA?

Yes; providing information relating to conduct that the whistleblower reasonably believes violates 18 U.S.C. 1956, 1957, or 1960 (or any rule or regulation under those provisions) is covered by AMLA’s protections.

See the specific inclusion of those criminal statutes in 1992.100(a).

Under 1992.100(b), does the regulation indicate how quickly AMLA retaliation complaints should be handled?

Yes; the part is written to establish procedures for the expeditious handling of AMLA retaliation complaints, indicating that timeliness is an explicit goal for processing these cases.

See the expeditious handling objective stated in 1992.100(b).

Under 1992.100(a), does AMLA protect someone who assists an investigation but did not provide the original tip?

Yes; AMLA protects persons who initiate, testify in, or assist in investigations or judicial or administrative actions of the Department of the Treasury or Department of Justice that are based upon or related to protected information, even if they were not the original source of the information.

See the protection for assistance in proceedings in 1992.100(a).

Under 1992.100(a), does AMLA require the reported violation to be criminal to qualify for protection?

No; protection covers reports about violations of statutory schemes within Treasury’s jurisdiction and specifically names certain criminal statutes, but it also covers any conduct the whistleblower reasonably believes violates laws, rules, or regulations subject to Treasury jurisdiction—these need not all be criminal.

See the broader coverage including reasonable‑belief reports in 1992.100(a).

Under 1992.100(b), where do disputes over findings and preliminary orders go next?

Objections to findings and preliminary orders may lead to litigation before administrative law judges (ALJs) and can be followed by post‑hearing administrative review as specified in the procedures of this part.

See the pathway for objections, ALJ hearings, and administrative review in 1992.100(b).

Under 1992.100(a), if a whistleblower reports suspected violations to an internal compliance officer, is that activity protected?

Yes; providing information about conduct that the whistleblower reasonably believes violates covered statutes or Treasury jurisdiction rules is protected, and internal reporting is a form of providing information; the regulation focuses on the substance and reasonable belief rather than the specific recipient.

See the coverage of providing information and reasonable‑belief reports in 1992.100(a).

Under 1992.100(b), can a whistleblower have a representative file a complaint on their behalf?

Yes; the part expressly allows complaints to be filed by whistleblowers or by persons acting on their behalf, so a representative can submit a complaint under these procedures.

See the filing authority described in 1992.100(b).

Under 1992.100(a), does AMLA protection extend to reports about foreign‑based narcotics kingpin designations?

Yes; AMLA protection includes providing information related to the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), so disclosures about conduct implicating that Act are covered.

See the explicit reference to the Kingpin Act in 1992.100(a).

Under 1992.100(b), are post‑hearing administrative reviews part of the AMLA process?

Yes; post‑hearing administrative review is included among the procedural stages this part establishes for handling AMLA retaliation complaints after ALJ proceedings.

See the inclusion of post‑hearing review in 1992.100(b).