,i #aaith ,,congress #ast ,session ,h4 ,r4 #fcjb ,,in ,,the ,,house ,,of ,,representatives ,november #be1 #bjbe,ms4 ,johnson of ,texas introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 #aief to establish a whistleblower incentive program with respect to defense exports control enforcement4 #a4 ,short title ,this ,act may be cited as the ,whistleblowers ,aiding ,national ,security ,act of #bjbe4 #b4 ,defense exports control whistleblower incentive program 7a7 ,establishment ,the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a et seq47 is amended by inserting after section #cf;,a the following new section3 #cf;,b4 ,defense exports control whistleblower incentive program 7a7 ,establishment 7#a7 ,in general ,with respect to a whistleblower incentive program 7hereinafter the ,program7 to reward an individual who voluntarily provides original information that leads to the imposition of any civil penalty with respect to a covered violation-- 7,a7 the ,secretary shall issue an interim rule establishing such ,program not later than #abj days after the date of the enactment of this section2 7,b7 the ,secretary shall issue a final rule establishing such ,program not later than #bgj days after the date of the enactment of this section4 7#b7 ,public notice ,not later than the date on which the online portal is established under subsection 7b77#b71 the ,secretary shall provide public notice of the ,program in the ,federal ,register4 7b7 ,submission of original information 7#a7 ,submission procedures ,the ,secretary shall by regulation establish procedures for an individual to submit original information4 7#b7 ,online portal ,not later than #abj days after the date of the enactment of this section1 the ,secretary shall develop1 implement1 and maintain a secure online portal1 on a website accessible to the public1 for the reporting of original information4 7#c7 ,anonymous submissions 7,a7 ,in general ,in establishing the procedures under paragraph 7#a71 the ,secretary shall include a procedure for an individual to anonymously submit original information1 including through counsel4 7,b7 ,identity disclosure ,the ,secretary may require an individual to disclose their identity1 directly or through counsel1 at any time prior to issuing an award under the ,program4 7c7 ,review of original information 7#a7 ,in general ,not later than #fj days after the date that original information is submitted under subsection 7b71 the ,secretary shall determine whether the original information is credible4 7#b7 ,investigation ,not later than #ahj days after the date on which the ,secretary determines under paragraph 7#a7 that original information is credible1 the ,secretary shall1 unless the ,secretary determines impracticable1 complete an investigation into the allegations contained in the original information4 7#c7 ,duty to update 7,a7 ,in general ,the ,secretary shall update the individual who submitted original information under subsection 7b7 not later than #cj days after the date on which the original was submitted and not less than every #cj days thereafter until the original information is determined not credible under paragraph 7#a7 or an investigation is completed under paragraph 7#b74 7,b7 ,sensitive information ,the ,secretary may omit from the updates required by subparagraph 7,a7 any information that the ,secretary determines could compromise a review of original information under this subsection4 7#d7 ,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 #b submissions of original information that the ,secretary determined under paragraph 7#a7 were not credible4 7d7 ,award amount 7#a7 ,in general ,an award issued under the ,program shall be in an amount equal to-- 7,a7 not less than #aj percent of the covered civil penalty2 and 7,b7 not more than #cj percent of the covered civil penalty4 7#b7 ,determination of award amount ,to determine the amount of an award issued under the ,program1 the ,secretary-- 7,a7 shall consider-- 7i7 how significant the original information provided by the individual was with respect to a final determination that a covered violation occurred2 7ii7 the degree of assistance1 other than providing original information1 provided by the individual1 or any legal representative of the individual2 and 7iii7 any other additional factor the ,secretary determines relevant1 including-- 7,i7 accuracy2 7,,ii7 relevance2 7,,iii7 timeliness2 and 7,,iv7 usefulness2 and 7,b7 shall not consider the balance of the account established under subsection 7g7 for the ,program in the ,treasury of the ,united ,states4 7#c7 ,joint submissions ,in the case of original information submitted under subsection 7b7 jointly by not less than #b individuals1 any award issued under the ,program shall be equally distributed among each individual4 7e7 ,denial of award 7#a7 ,in general ,notwithstanding subsection 7a71 and except as provided in paragraph 7#b71 the ,secretary may not issue an award to an individual to whom an award otherwise would be issued1 if such individual acquired the original information submitted under the ,program-- 7,a7 through such individual's role as-- 7i7 an officer1 director1 trustee1 or partner of an entity that handles internal processes for legal violations for the person or persons2 or 7ii7 an employee of an entity that conducts compliance or internal audits for the person or persons2 or 7,b7 any means that violates ,federal or ,state criminal law4 7#b7 ,exception ,the prohibition on issuing an award to certain individuals under paragraph 7#a77;,a7 shall not apply if-- 7,a7 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 security2 7,b7 the individual had a reasonable basis to believe that the relevant entity was obstructing an investigation into the misconduct2 or 7,c7 not less than #abj days have passed since the individual provided the information to the audit committee1 chief legal officer1 chief compliance officer of the relevant entity or the supervisor of the individual1 or their equivalent4 7f7 ,representation by counsel 7#a7 ,in general ,subject to paragraph 7#b71 an individual may choose to be represented by counsel at any time while cooperating with the ,program4 7#b7 ,required representation for anonymous claims ,an individual who1 under subsection 7b77#b77;,a71 anonymously provides original information shall be represented by counsel while cooperating with the ,program4 7g7 ,defense ,export ,compliance ,accountability ,fund 7#a7 ,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 ,fund4 7#b7 ,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 individual4 7#c7 ,use of funds ,the amounts deposited in the fund-- 7,a7 shall be used to pay each award issued under the ,program2 and 7,b7 may be used for the administrative costs of the ,program4 7#d7 ,insufficient amounts ,if there are insufficient amounts to pay an award issued under the ,program1 the ,secretary shall deposit into the account established under paragraph 7#a71 or credit to such account1 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 violation4 7h7 ,reports to ,congress ,not later than ,october #cast1 and annually thereafter1 the ,commission shall submit to the appropriate congressional committees a report on the ,program1 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 report4 7i7 ,prohibition against retaliation 7#a7 ,in general ,with respect to an individual who submits original information under subsection 7b7 or otherwise participates in the ,program1 and except as provided in paragraph 7#b71 no employer may1 directly or indirectly1 discharge1 demote1 suspend1 threaten1 or harass such individual1 or discriminate against such individual in any other manner in the terms and conditions of employment1 because such individual submitted original information or otherwise participated in the ,program4 7#b7 ,exception ,the protection against retaliation established by paragraph 7#a7 shall not apply to any individual who reports information under this section knowing that such information is false4 7#c7 ,enforcement 7,a7 ,cause of action ,an individual who alleges a violation of paragraph 7#a7 may bring an action under this subparagraph in the appropriate district court of the ,united ,states for the relief provided for in paragraph 7#d74 7,b7 ,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 ,states4 7,c7 ,statute of limitations 7i7 ,in general ,subject to clause 7ii71 an action under paragraph 7#a7 shall not be entertained if commenced more than #f years after the date on which the violation occurred or #c 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 violation4 7ii7 ,required action within #aj years ,an action may not in any circumstance be brought more than #aj years after the date on which the violation occurs4 7#d7 ,relief ,the relief provided for under this paragraph shall be the following3 7,a7 ,reinstatement with the same seniority status that the individual would have had1 but for the discrimination4 7,b7 ,back pay in an amount equal to twice the amount otherwise owed to the individual1 with interest4 7,c7 ,compensation for litigation costs1 expert witness fees1 and reasonable fees for attorneys4 7j7 ,confidentiality 7#a7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,secretary and any officer or employee of the ,department of ,commerce may not disclose any information1 including original information submitted under subsection 7b71 that could reasonably be expected to reveal the identity of any individual who provides original information to the ,program1 except in accordance with the provisions of section #eeb;a of title #e1 ,united ,states ,code1 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 7#d74 7#b7 ,public disclosure exemption ,for purposes of section #eeb of title #e1 ,united ,states ,code1 this subparagraph shall be considered a statute described in subsection 7b77#c77;,b7 of such section4 7#c7 ,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 investigation4 7#d7 ,availability to ,government agencies 7,a7 ,in general ,when determined by the ,secretary to be necessary to accomplish the purposes of the ,program1 or any regulation1 order1 license1 or other authorization issued under a covered regulation1 the ,secretary may make any information referred to paragraph 7#a7 available to-- 7i7 a ,federal law enforcement agency2 7ii7 a national security agency2 7iii7 a ,state law enforcement or regulatory agency2 7iv7 an appropriate regulatory authority2 7v7 a self-regulatory organization2 and 7vi7 a foreign law enforcement authority4 7,b7 ,preservation of confidentiality ,if the ,secretary makes the information referred to in paragraph 7#a7 available under subparagraph 7,a71 such information shall remain confidential4 7k7 ,directed ,rulemaking ,the ,secretary shall issue such rules and regulations as are necessary to carry out this section4 7l7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,covered civil penalty ,the term covered civil penalty means a civil penalty imposed1 with respect to a covered violation1 as result of the original information submitted by an individual4 7#c7 ,covered regulation ,the term covered regulation means-- 7,a7 any regulation1 license1 or order under the administrative jurisdiction of the ,directorate of ,defense ,trade ,controls of the ,department2 or 7,b7 the ,international ,traffic in ,arms ,regulations 7parts #abj-acj of title #bb1 ,code of ,federal ,regulations7 7or any successor regulation74 7#d7 ,covered violation ,the term covered violation-- 7,a7 means a violation1 an attempted violation1 or a conspiracy to violate a covered regulation2 and 7,b7 includes each such violation1 attempted violation1 or conspiracy to violate that occurred before the date of the enactment of this section4 7#e7 ,original information ,the term original information-- 7,a7 means information-- 7i7 derived from the independent knowledge or analysis of an individual2 7ii7 not known to the ,secretary from any other source2 7iii7 not exclusively derived from an allegation made in a judicial or administrative proceeding1 government report1 hearing1 audit1 or investigation1 or from news media1 unless such individual is the source of such allegation2 and 7iv7 provided to the ,secretary voluntarily without any request from the ,secretary or any other ,government official2 and 7,b7 includes information that meets the qualifications described in subparagraph 7,a7 and is submitted to the ,secretary by such individual-- 7i7 after the date of the enactment of this section2 and 7ii7 before the establishment of the ,program under subsection 7a74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,state acting through the ,deputy ,assistant ,secretary for ,defense ,trade ,controls4 4 7b7 ,conforming amendments 7#a7 ,authorization to make award ,section #cf7;b7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgjh7;b77 is amended-- 7,a7 in paragraph 7#ad71 by striking 2 or and inserting a semicolon2 7,b7 in paragraph 7#ae71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new paragraph3 7#af7 the imposition of any civil penalty with respect to a covered violation under section #cf;,b4 4 7#b7 ,exclusion of funds from ,crime ,victims ,fund ,section #adjb7;b77#a77;,b7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;b77#a77;,b77 is amended-- 7,a7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7,b7 in clause 7iv71 by inserting and after the semicolon at the end2 and 7,c7 by adding at the end the following new clause3 7v7 the ,defense ,export ,compliance ,accountability ,fund pursuant to the ,whistleblowers ,aiding ,national ,security ,act of #bjbe2 4 7c7 ,authorization of appropriation ,there is authorized such sums as may be necessary for the ,secretary of ,state to carry out this section4