S.Amdt. 3410

This amendment proposes to add a new section to the Export Control Reform Act of 2018 to create a Whistleblower Incentive Program and establish Whistleblower Protections.

The primary goal is to protect national security by encouraging people to report violations of U.S. export control laws, specifically the diversion of leading-edge artificial intelligence chips to U.S. adversaries.

Key additions include:

• Financial Incentives: The Secretary can pay awards to whistleblowers who provide original information leading to fines. These awards would be between 10 percent and 30 percent of the collected fine.
• Reporting Tools: The creation of a secure online portal for reporting violations, with the option to submit information anonymously.
• Legal Protections: A prohibition against employers retaliating against whistleblowers through discharge, demotion, suspension, threats, or harassment.
• Enforcement and Relief: Individuals who face illegal retaliation can sue in district court for reinstatement, double back pay with interest, and coverage of legal fees.
• Funding: The establishment of the Export Compliance Accountability Fund, which will be funded by fines collected from cases initiated by whistleblower information.