[Congressional Record Volume 172, Number 86 (Wednesday, May 20, 2026)]
[Senate]
[Pages S2422-S2423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5445. Mr. BARRASSO (for Mr. Rounds) proposed an amendment to the
bill S. 1473, to amend the Export Control Reform Act of 2018 to
establish a whistleblower incentive program and provide protections to
whistleblowers; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Stealing our Chips
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Violations of the export control laws of the United
States, especially the diversion of leading-edge artificial
intelligence chips into countries that are adversaries of the
United States, threaten the national security of the United
States.
(2) Individuals who accurately report violations of United
States export control laws play a significant role in helping
authorities identify and mitigate such threats.
(3) An incentive program that rewards whistleblowers can
significantly enhance enforcement efforts by encouraging
individuals to provide high-value information on potential
violations.
SEC. 3. ESTABLISHMENT OF WHISTLEBLOWER INCENTIVE PROGRAM AND
WHISTLEBLOWER PROTECTIONS.
(a) Establishment of Whistleblower Incentive Program and
Whistleblower Protections.--The Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.) is amended by inserting after
section 1761 the following:
``SEC. 1761A. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
``(a) Definitions.--In this section:
``(1) Original information.--The term `original
information' means information that is--
``(A) derived from the independent knowledge or analysis of
a whistleblower;
``(B) not known to the Secretary from any other source;
``(C) not exclusively derived from an allegation made in a
judicial or administrative hearing, a governmental report,
hearing, audit, or investigation, or from news media, unless
the whistleblower is the source of such allegation; and
``(D) provided to the Secretary voluntarily, without any
request from the Secretary or any other government official.
``(2) Whistleblower.--
``(A) In general.--The term `whistleblower' means, except
as provided by subparagraph (B), any individual (including an
individual who is not a United States citizen) who provides,
or 2 or more such individuals acting jointly who provide, to
the Secretary information relating to a possible violation of
this part or of any regulation, order, license, or other
authorization issued under this part.
``(B) Exclusions.--The term `whistleblower' does not
include--
``(i) a Federal employee acting within the scope of the
duties of the employee; or
``(ii) an individual on any of the following lists:
``(I) The list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury.
``(II) The Denied Persons List maintained pursuant to
section 764.3(a)(2) of the Export Administration Regulations.
``(III) The Entity List set forth in Supplement No. 4 to
part 744 of the Export Administration Regulations.
``(b) Whistleblower Incentive Program.--
``(1) Establishment.--Not later than 120 days after the
date of the enactment of this section, the Secretary shall
establish a whistleblower incentive program to reward
individuals who provide original information that leads to--
``(A) the imposition of fines under this part on persons
that violate, attempt to violate, conspire to violate, or
cause a violation of this part or any regulation, order,
license, or other authorization issued under this part; or
``(B) the forfeiture of any property under section 1761(j).
``(2) Whistleblower reports.--
``(A) 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 portal, or update
and maintain an existing secure portal, on a website
accessible to the public, for the reporting of original
information relating to--
``(i) persons that violate, attempt to violate, conspire to
violate, or cause a violation of this part or any regulation,
order, license, or other authorization issued under this
part; and
``(ii) items that have been, are being, or are about to be
exported, reexported, or in-country transferred in violation
of this part or any regulation, order, license, or other
authorization issued under this part.
``(B) Anonymity.--
``(i) In general.--As an alternative to submission through
the portal required by subparagraph (A), an individual may
submit a report of original information under this subsection
anonymously, including through an attorney.
``(ii) Exception.--The Secretary may require that the
identity of an individual be disclosed for the individual to
receive an award under paragraph (3).
``(C) Expedited review.--
``(i) Initial review.--Not later than 60 days after the
date of receipt of a report from a whistleblower, the
Secretary shall--
``(I) determine whether the report is credible; and
``(II) if credible, initiate a formal investigation of the
allegations contained in the report.
``(ii) Investigation.--The Secretary shall pursue any
formal investigation initiated under clause (i)(II) with
urgency and conclude the investigation within a reasonable
amount of time.
``(iii) Notification.--
``(I) In general.--Subject to the confidentiality
requirements of section 1761(h), the Secretary shall update
the whistleblower on the status of a report and, if
applicable, the related investigation not later than 90 days
after the date on which the whistleblower submitted the
report and not less frequently than every 90 days thereafter.
``(II) Sensitive information.--The Secretary may omit from
the updates required by subclause (I) any information that
could compromise an ongoing investigation, including
confirmation of the existence of any specific investigation.
``(D) Avoidance of frivolous reports.--The Secretary may
prohibit an individual from making reports under this
subsection if the individual has previously submitted
multiple reports under this subsection that the Secretary
determined under subparagraph (C)(i) were not credible.
``(3) Awards.--
``(A) Eligibility.--Subject to subparagraph (B), the
Secretary may pay an award or awards to any whistleblower who
provided original information that led to the imposition of a
fine under this part on a person or persons that violated,
attempted to violate, conspired to violate, or caused a
violation of this part or any regulation, order, license, or
other authorization issued under this part.
``(B) Disqualification.--
``(i) In general.--Subject to clause (ii), the Secretary
may not pay an award or awards to any whistleblower who
provides original information with respect to a person or
persons that violated, attempted to violate, conspired to
violate, or caused a violation of this part or any
regulation, order, license, or other authorization issued
under this part, if such information was obtained through--
``(I) the role of the whistleblower as--
``(aa) an officer, director, trustee, or partner of an
entity that handles internal processes for legal violations
for the person or persons;
``(bb) an employee of an entity that conducts compliance or
internal audits for the person or persons;
``(cc) an employee of a public accounting firm if the
information was obtained while working on an engagement
required by Federal securities laws, other than specific
audits; or
[[Page S2423]]
``(II) any means that violates Federal or State criminal
law.
``(ii) Exceptions.--Clause (i) shall not apply if--
``(I) the whistleblower had a reasonable basis to believe
that disclosing the original information to the Secretary was
necessary to stop conduct likely to cause significant
financial harm;
``(II) the whistleblower had a reasonable basis to believe
that the relevant entity was obstructing an investigation
into the misconduct; or
``(III) not less than 120 days have elapsed since the
whistleblower provided the information to the audit
committee, chief legal officer, chief compliance officer (or
their equivalent) of the relevant entity or the supervisor of
the whistleblower.
``(C) Amount.--
``(i) In general.--An award issued under subparagraph (A)
shall be--
``(I) not less than 10 percent, in total, of the amount
collected of the fine imposed under this part; and
``(II) not more than 30 percent, in total, of the amount
collected of that fine.
``(ii) Jointly submitted report.--In the case of a report
that was submitted jointly by 2 or more individuals, any
award issued under subparagraph (A) shall be split equally
among the individuals.
``(D) Determination.--The Secretary shall determine the
amount of an award made under subparagraph (A) taking into
account, with respect to the information provided--
``(i) accuracy;
``(ii) relevance;
``(iii) timeliness; and
``(iv) usefulness.
``(E) Submission of information.--No award may be made
under this paragraph based on information submitted to the
Secretary unless such information is submitted under penalty
of perjury.
``(4) Publication.--
``(A) In general.--Not later than the date on which the
online portal required by paragraph (2)(A) is operational,
the Secretary shall develop and implement a plan to publicize
the whistleblower incentive program established by paragraph
(1).
``(B) Funding.--The Secretary shall pay any expenses
incurred under subparagraph (A) from amounts authorized to be
appropriated to the Bureau of Industry and Security.
``(c) Protection of Whistleblowers.--
``(1) Prohibition against retaliation.--
``(A) In general.--Except as provided in subparagraph (B),
no employer may discharge, demote, suspend, threaten, harass,
directly or indirectly, or in any other manner discriminate
against a whistleblower in the terms and conditions of
employment because of a lawful act done by the
whistleblower--
``(i) in reporting violations to the employer or to a law
enforcement agency;
``(ii) in providing information to the Secretary in
accordance with this section; or
``(iii) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action based upon
or related to such information.
``(B) Exception.--The protection against retaliation
established by subparagraph (A) shall not apply to any
individual who reports information under this section knowing
that such information is false.
``(C) Enforcement.--
``(i) Cause of action.--An individual who alleges discharge
or other discrimination in violation of subparagraph (A) may
bring an action under this paragraph in the appropriate
district court of the United States for the relief provided
in subparagraph (D).
``(ii) Subpoenas.--A subpoena requiring the attendance of a
witness at a trial or hearing conducted under this
subparagraph may be served at any place in the United States.
``(iii) Statute of limitations.--
``(I) In general.--An action under this subparagraph shall
not be entertained if commenced more than--
``(aa) 6 years after the date of the violation of
subparagraph (A) occurred; or
``(bb) 3 years after the date when facts material to the
right of action are known or reasonably should have been
known by the employee alleging a violation of subparagraph
(A).
``(II) Required action within 10 years.--Notwithstanding
subclause (I), an action under this subparagraph may not in
any circumstance be brought more than 10 years after the date
on which the violation occurs.
``(D) Relief.--Relief for an individual prevailing in an
action brought under subparagraph (C) shall include--
``(i) reinstatement with the same seniority status that the
individual would have had, but for the discrimination;
``(ii) 2 times the amount of back pay otherwise owed to the
individual, with interest; and
``(iii) compensation for litigation costs, expert witness
fees, and reasonable attorneys' fees.
``(2) Confidentiality.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the Secretary and any officer or employee of the
Department of Commerce shall not disclose any information,
including information provided by a whistleblower to the
Secretary, that could reasonably be expected to reveal the
identity of the whistleblower, 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 subparagraph (D).
``(B) Exempted statute.--For purposes of section 552 of
title 5, United States Code, this paragraph shall be
considered a statute described in subsection (b)(3)(B) of
such section.
``(C) Rule of construction.--Nothing in this section is
intended to limit, or 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.
``(D) Availability to government agencies.--
``(i) In general.--Without the loss of its status as
confidential in the hands of the Secretary, all information
referred to in subparagraph (A) may, in the discretion of the
Secretary, when determined by the Secretary to be necessary
to accomplish the purposes of this part or any regulation,
order, license, or other authorization issued under this
part, be made available to--
``(I) a Federal law enforcement agency;
``(II) a national security agency;
``(III) an appropriate regulatory authority or Federal
investigative agency;
``(IV) a self-regulatory organization; and
``(V) a foreign law enforcement authority.
``(ii) Confidentiality.--
``(I) In general.--Each of the entities described in
subclauses (I) through (IV) of clause (i) shall maintain such
information as confidential in accordance with the
requirements established under subparagraph (A).
``(II) Foreign authorities.--An entity described in clause
(i)(V) shall maintain such information in accordance with
such assurances of confidentiality as the Secretary
determines appropriate.
``(d) Export Compliance Accountability Fund.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, there shall be established
in the Treasury of the United States a fund to be known as
the `Export Compliance Accountability Fund' (in this
subsection referred to as the `Fund').
``(2) Availability.--At the end of each fiscal year, any
amounts deposited into the Fund under paragraph (4) that
remain in the Fund after the payment, for that fiscal year,
of all expenses under paragraph (3), excluding the amount
estimated for outstanding awards, shall be transferred to the
general fund of the Treasury.
``(3) Use of fund.--The Fund shall be available to the
Secretary, without further appropriation or fiscal year
limitation, for--
``(A) paying awards to whistleblowers as provided in
subsection (b)(3);
``(B) funding activities that support the whistleblower
incentive program and whistleblower protections, including--
``(i) reviewing and investigating whistleblower reports;
``(ii) providing training and education on compliance with
the confidentiality requirement under subsection (c)(2); and
``(iii) record keeping and maintaining the portal under
subsection (b)(2)(A), as considered necessary by the
Secretary; and
``(C) if all outstanding awards under subsection (b)(3)
have been paid, expenses related to enforcement of this part
or any regulation, order, license, or other authorization
issued under this part.
``(4) Deposits and credits.--
``(A) In general.--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 a whistleblower.
``(B) Exception.--No amounts to be deposited or transferred
into the United States Victims of State Sponsored Terrorism
Fund pursuant to the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144) or the Crime
Victims Fund pursuant section 1402 of the Victims of Crime
Act of 1984 (34 U.S.C. 20101) shall be deposited into or
credited to the Fund.
``(e) Initial Funding.--The Secretary shall pay, from
amounts otherwise available to the Bureau of Industry and
Security, any expenses incurred under this section before the
Export Compliance Accountability Fund is established under
subsection (d) and has received deposits under paragraph (4)
of that subsection.''.
(b) Conforming Amendment.--Section 1402(b)(1)(B) of the
Victims of Crime Act of 1984 (34 U.S.C. 20101(b)(1)(B)) is
amended--
(1) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(2) in clause (iv), by striking the semicolon and inserting
``; and''; and
(3) by adding at the end the following;
``(v) the Export Compliance Accountability Fund pursuant to
section 1761A(d) of the Export Control Reform Act of 2018.''.
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