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
To amend the State Department Basic Authorities Act of 1956 to establish a whistleblower incentive program with respect to defense exports control enforcement.
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:
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 committeesmeans 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 penaltymeans 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 regulationmeans—(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
Secretarymeans 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.