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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6302 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6302
To amend the State Department Basic Authorities Act of 1956 to
establish a whistleblower incentive program with respect to defense
exports control enforcement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 25, 2025
Ms. Johnson of Texas introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on 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
_______________________________________________________________________
A BILL
To amend the State Department Basic Authorities Act of 1956 to
establish a whistleblower incentive program with respect to defense
exports control enforcement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whistleblowers Aiding National
Security Act of 2025''.
SEC. 2. DEFENSE EXPORTS CONTROL WHISTLEBLOWER INCENTIVE PROGRAM.
(a) Establishment.--The State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by inserting after section
36A the following new section:
``SEC. 36B. DEFENSE EXPORTS CONTROL WHISTLEBLOWER INCENTIVE PROGRAM.
``(a) Establishment.--
``(1) In general.--With respect to a whistleblower
incentive program (hereinafter the `Program') to reward an
individual who voluntarily provides original information that
leads to the imposition of any civil penalty with respect to a
covered violation--
``(A) the Secretary shall issue an interim rule
establishing such Program not later than 120 days after
the date of the enactment of this section;
``(B) the Secretary shall issue a final rule
establishing such Program not later than 270 days after
the date of the enactment of this section.
``(2) Public notice.--Not later than the date on which the
online portal is established under subsection (b)(2), the
Secretary shall provide public notice of the Program in the
Federal Register.
``(b) Submission of Original Information.--
``(1) Submission procedures.--The Secretary shall by
regulation establish procedures for an individual to submit
original information.
``(2) Online portal.--Not later than 120 days after the
date of the enactment of this section, the Secretary shall
develop, implement, and maintain a secure online portal, on a
website accessible to the public, for the reporting of original
information.
``(3) Anonymous submissions.--
``(A) In general.--In establishing the procedures
under paragraph (1), the Secretary shall include a
procedure for an individual to anonymously submit
original information, including through counsel.
``(B) Identity disclosure.--The Secretary may
require an individual to disclose their identity,
directly or through counsel, at any time prior to
issuing an award under the Program.
``(c) Review of Original Information.--
``(1) In general.--Not later than 60 days after the date
that original information is submitted under subsection (b),
the Secretary shall determine whether the original information
is credible.
``(2) Investigation.--Not later than 180 days after the
date on which the Secretary determines under paragraph (1) that
original information is credible, the Secretary shall, unless
the Secretary determines impracticable, complete an
investigation into the allegations contained in the original
information.
``(3) Duty to update.--
``(A) In general.--The Secretary shall update the
individual who submitted original information under
subsection (b) not later than 30 days after the date on
which the original was submitted and not less than
every 30 days thereafter until the original information
is determined not credible under paragraph (1) or an
investigation is completed under paragraph (2).
``(B) Sensitive information.--The Secretary may
omit from the updates required by subparagraph (A) any
information that the Secretary determines could
compromise a review of original information under this
subsection.
``(4) Frivolous reports.--The Secretary may determine that
review of original information under this subsection is not
warranted if the individual who submitted the original
information has previously made not less than 2 submissions of
original information that the Secretary determined under
paragraph (1) were not credible.
``(d) Award Amount.--
``(1) In general.--An award issued under the Program shall
be in an amount equal to--
``(A) not less than 10 percent of the covered civil
penalty; and
``(B) not more than 30 percent of the covered civil
penalty.
``(2) Determination of award amount.--To determine the
amount of an award issued under the Program, the Secretary--
``(A) shall consider--
``(i) how significant the original
information provided by the individual was with
respect to a final determination that a covered
violation occurred;
``(ii) the degree of assistance, other than
providing original information, provided by the
individual, or any legal representative of the
individual; and
``(iii) any other additional factor the
Secretary determines relevant, including--
``(I) accuracy;
``(II) relevance;
``(III) timeliness; and
``(IV) usefulness; and
``(B) shall not consider the balance of the account
established under subsection (g) for the Program in the
Treasury of the United States.
``(3) Joint submissions.--In the case of original
information submitted under subsection (b) jointly by not less
than 2 individuals, any award issued under the Program shall be
equally distributed among each individual.
``(e) Denial of Award.--
``(1) In general.--Notwithstanding subsection (a), and
except as provided in paragraph (2), the Secretary may not
issue an award to an individual to whom an award otherwise
would be issued, if such individual acquired the original
information submitted under the Program--
``(A) through such individual's role as--
``(i) an officer, director, trustee, or
partner of an entity that handles internal
processes for legal violations for the person
or persons; or
``(ii) an employee of an entity that
conducts compliance or internal audits for the
person or persons; or
``(B) any means that violates Federal or State
criminal law.
``(2) Exception.--The prohibition on issuing an award to
certain individuals under paragraph (1)(A) shall not apply if--
``(A) the individual had a reasonable basis to
believe that disclosing the original information to the
Secretary was necessary to stop conduct likely to cause
significant harm to national security;
``(B) the individual had a reasonable basis to
believe that the relevant entity was obstructing an
investigation into the misconduct; or
``(C) not less than 120 days have passed since the
individual provided the information to the audit
committee, chief legal officer, chief compliance
officer of the relevant entity or the supervisor of the
individual, or their equivalent.
``(f) Representation by Counsel.--
``(1) In general.--Subject to paragraph (2), an individual
may choose to be represented by counsel at any time while
cooperating with the Program.
``(2) Required representation for anonymous claims.--An
individual who, under subsection (b)(2)(A), anonymously
provides original information shall be represented by counsel
while cooperating with the Program.
``(g) Defense Export Compliance Accountability Fund.--
``(1) Establishment.--The Secretary shall establish in the
Treasury of the United States an account with respect to the
Program to be known as the `Defense Export Compliance
Accountability Fund'.
``(2) Deposits and credits.--There shall be deposited into
or credited to the fund an amount equal to any fine collected
by the Secretary on or after the date of the enactment of this
section in any judicial or administrative action brought by the
Secretary that depends on or was initiated because of original
information submitted by an individual.
``(3) Use of funds.--The amounts deposited in the fund--
``(A) shall be used to pay each award issued under
the Program; and
``(B) may be used for the administrative costs of
the Program.
``(4) Insufficient amounts.--If there are insufficient
amounts to pay an award issued under the Program, the Secretary
shall deposit into the account established under paragraph (1),
or credit to such account, an amount equal to the remaining
balance of such award from any monetary sanctions collected by
the Secretary pursuant to the final determination of a covered
violation.
``(h) Reports to Congress.--Not later than October 31st, and
annually thereafter, the Commission shall submit to the appropriate
congressional committees a report on the Program, including a
description of the number of awards made under the Program and the
types of cases in which such awards were made with respect to the
fiscal year preceding submission of such report.
``(i) Prohibition Against Retaliation.--
``(1) In general.--With respect to an individual who
submits original information under subsection (b) or otherwise
participates in the Program, and except as provided in
paragraph (2), no employer may, directly or indirectly,
discharge, demote, suspend, threaten, or harass such
individual, or discriminate against such individual in any
other manner in the terms and conditions of employment, because
such individual submitted original information or otherwise
participated in the Program.
``(2) Exception.--The protection against retaliation
established by paragraph (1) shall not apply to any individual
who reports information under this section knowing that such
information is false.
``(3) Enforcement.--
``(A) Cause of action.--An individual who alleges a
violation of paragraph (1) may bring an action under
this subparagraph in the appropriate district court of
the United States for the relief provided for in
paragraph (4).
``(B) Subpoenas.--A subpoena requiring the
attendance of a witness at a trial or hearing conducted
under this clause may be served at any place in the
United States.
``(C) Statute of limitations.--
``(i) In general.--Subject to clause (ii),
an action under paragraph (1) shall not be
entertained if commenced more than 6 years
after the date on which the violation occurred
or 3 years after the date on which facts
material to the right of action are known or
reasonably should have been known by the
employee alleging such a violation.
``(ii) Required action within 10 years.--An
action may not in any circumstance be brought
more than 10 years after the date on which the
violation occurs.
``(4) Relief.--The relief provided for under this paragraph
shall be the following:
``(A) Reinstatement with the same seniority status
that the individual would have had, but for the
discrimination.
``(B) Back pay in an amount equal to twice the
amount otherwise owed to the individual, with interest.
``(C) Compensation for litigation costs, expert
witness fees, and reasonable fees for attorneys.
``(j) Confidentiality.--
``(1) In general.--Except as provided in clauses (ii) and
(iii), the Secretary and any officer or employee of the
Department of Commerce may not disclose any information,
including original information submitted under subsection (b),
that could reasonably be expected to reveal the identity of any
individual who provides original information to the Program,
except in accordance with the provisions of section 552a of
title 5, United States Code, unless and until required to be
disclosed to a defendant or respondent in connection with a
public proceeding instituted by the Secretary or any entity
described in paragraph (4).
``(2) Public disclosure exemption.--For purposes of section
552 of title 5, United States Code, this subparagraph shall be
considered a statute described in subsection (b)(3)(B) of such
section.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the ability of the Attorney General
to present such evidence to a grand jury or to share such
evidence with potential witnesses or defendants in the course
of an ongoing criminal investigation.
``(4) Availability to government agencies.--
``(A) In general.--When determined by the Secretary
to be necessary to accomplish the purposes of the
Program, or any regulation, order, license, or other
authorization issued under a covered regulation, the
Secretary may make any information referred to
paragraph (1) available to--
``(i) a Federal law enforcement agency;
``(ii) a national security agency;
``(iii) a State law enforcement or
regulatory agency;
``(iv) an appropriate regulatory authority;
``(v) a self-regulatory organization; and
``(vi) a foreign law enforcement authority.
``(B) Preservation of confidentiality.--If the
Secretary makes the information referred to in
paragraph (1) available under subparagraph (A), such
information shall remain confidential.
``(k) Directed Rulemaking.--The Secretary shall issue such rules
and regulations as are necessary to carry out this section.
``(l) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(2) Covered civil penalty.--The term `covered civil
penalty' means a civil penalty imposed, with respect to a
covered violation, as result of the original information
submitted by an individual.
``(3) Covered regulation.--The term `covered regulation'
means--
``(A) any regulation, license, or order under the
administrative jurisdiction of the Directorate of
Defense Trade Controls of the Department; or
``(B) the International Traffic in Arms Regulations
(parts 120-130 of title 22, Code of Federal
Regulations) (or any successor regulation).
``(4) Covered violation.--The term `covered violation'--
``(A) means a violation, an attempted violation, or
a conspiracy to violate a covered regulation; and
``(B) includes each such violation, attempted
violation, or conspiracy to violate that occurred
before the date of the enactment of this section.
``(5) Original information.--The term `original
information'--
``(A) means information--
``(i) derived from the independent
knowledge or analysis of an individual;
``(ii) not known to the Secretary from any
other source;
``(iii) not exclusively derived from an
allegation made in a judicial or administrative
proceeding, government report, hearing, audit,
or investigation, or from news media, unless
such individual is the source of such
allegation; and
``(iv) provided to the Secretary
voluntarily without any request from the
Secretary or any other Government official; and
``(B) includes information that meets the
qualifications described in subparagraph (A) and is
submitted to the Secretary by such individual--
``(i) after the date of the enactment of
this section; and
``(ii) before the establishment of the
Program under subsection (a).
``(6) Secretary.--The term `Secretary' means the Secretary
of State acting through the Deputy Assistant Secretary for
Defense Trade Controls.''.
(b) Conforming Amendments.--
(1) Authorization to make award.--Section 36(b) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2708(b)) is amended--
(A) in paragraph (14), by striking ``; or'' and
inserting a semicolon;
(B) in paragraph (15), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(16) the imposition of any civil penalty with respect to
a covered violation under section 36B.''.
(2) Exclusion of funds from crime victims fund.--Section
1402(b)(1)(B) of the Victims of Crime Act of 1984 (34 U.S.C.
20101(b)(1)(B)) is amended--
(A) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(B) in clause (iv), by inserting ``and'' after the
semicolon at the end; and
(C) by adding at the end the following new clause:
``(v) the Defense Export Compliance
Accountability Fund pursuant to the
Whistleblowers Aiding National Security Act of
2025;''.
(c) Authorization of Appropriation.--There is authorized such sums
as may be necessary for the Secretary of State to carry out this
section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
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