H.R. 6302

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6302 Introduced in House (IH)]

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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.
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