124 STAT. 1844 PUBLIC LAW 111–203—JULY 21, 2010 as the Commission may require, directly or through counsel for the whistleblower. ‘‘(e) NO CONTRACT NECESSARY.—No contract with the Commis- sion is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Commission by rule or regulation. ‘‘(f) 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 Commission. Any such determina- tion, 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 Commission. The court shall review the determination made by the Commission in accordance with section 706 of title 5, United States Code. ‘‘(g) INVESTOR PROTECTION FUND.— ‘‘(1) FUND ESTABLISHED.—There is established in the Treasury of the United States a fund to be known as the ‘Securities and Exchange Commission Investor Protection Fund’. ‘‘(2) USE OF FUND.—The Fund shall be available to the Commission, without further appropriation or fiscal year limita- tion, for— ‘‘(A) paying awards to whistleblowers as provided in subsection (b); and ‘‘(B) funding the activities of the Inspector General of the Commission under section 4(i). ‘‘(3) DEPOSITS AND CREDITS.— ‘‘(A) IN GENERAL.—There shall be deposited into or credited to the Fund an amount equal to— ‘‘(i) any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the securities laws that is not added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246) or otherwise distributed to vic- tims of a violation of the securities laws, or the rules and regulations thereunder, underlying such action, unless the balance of the Fund at the time the mone- tary sanction is collected exceeds $300,000,000; ‘‘(ii) any monetary sanction added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246) that is not distributed to the victims for whom the Fund was established, unless the balance of the disgorgement fund at the time the determination is made not to distribute the monetary sanction to such victims exceeds $200,000,000; and ‘‘(iii) all income from investments made under paragraph (4). ‘‘(B) ADDITIONAL AMOUNTS.—If the amounts deposited into or credited to the Fund under subparagraph (A) are not sufficient to satisfy an award made under subsection (b), there shall be deposited into or credited to the Fund an amount equal to the unsatisfied portion of the award from any monetary sanction collected by the Commission Courts. Determination. Deadline.
