Summary#
This bill adds a new section to the Export Control Reform Act of 2018 to create a whistleblower incentive program and legal protections for people who report violations of export controls. The program must be set up within 120 days and include a secure online portal and the option to report anonymously. The Secretary must review reports quickly (initial credibility check within 60 days) and update whistleblowers on status. Whistleblowers who provide "original information" that leads to a fine greater than $1,000,000 may receive an award equal to 10–30% of the collected fine. A new Treasury account, the Export Compliance Accountability Fund, will hold amounts equal to fines collected that result from whistleblower information and will pay awards and program costs. The bill also includes anti-retaliation protections for workers, confidentiality rules for information provided to the Secretary, and rules limiting who counts as an eligible whistleblower or who may be disqualified from awards.
What it means for you#
- Individuals: You can report possible export control violations through a secure portal or anonymously. If your original information leads to a qualifying fine, you could get a monetary award. You are protected from employer retaliation for reporting, with possible court remedies if retaliation occurs.
- Employees in compliance or audit roles: The bill may disqualify some people who learned information through certain internal roles from receiving awards, unless specific exceptions apply.
- Employers and firms: You may face investigations, fines, or forfeiture based on whistleblower tips. Employers are prohibited from blocking communications to the Department or retaliating against reporters.
- Agencies and enforcement: The Secretary can share whistleblower information with law enforcement, national security agencies, regulatory authorities, and, with assurances, foreign authorities.
Expenses#
- A new Export Compliance Accountability Fund must be set up in the Treasury within 90 days. Amounts equal to fines collected in actions that depended on whistleblower information will be deposited into the Fund.
- The Fund will pay awards, support the whistleblower program (investigations, portal maintenance, training, record keeping), and, if awards are paid, other enforcement expenses. The Fund must retain at least $100,000,000 (adjusted for inflation) or the amount needed to cover pending award determinations, whichever is greater. Remaining amounts after yearly expenses may transfer to the Treasury general fund.
- Publicity expenses for the program are to be paid from amounts authorized for the Bureau of Industry and Security.
Proponents' View#
The bill’s findings state that diverting leading-edge AI chips to adversaries is a national security risk and that individuals who report violations help authorities find and stop those threats. Supporters argue a rewards program will encourage people to provide useful, timely information and help enforcement and internal compliance across sectors.
Opponents' View#
No publicly available information.