Stop Stealing Our Chips Act [PDF]

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(Original Signature of Member)

119TH CONGRESS 1ST SESSION

# H. R. \_\_

To amend the Export Control Reform Act of 2018 to establish a whistleblower incentive program and provide protections to whistleblowers.

IN THE HOUSE OF REPRESENTATIVES Mr. KEAN introduced the following bill; which was referred to the Committee on \_\_\_\_\_\_\_\_\_\_\_\_\_\_

## A BILL

To amend the Export Control Reform Act of 2018 to establish a whistleblower incentive program and provide protections to whistleblowers. _Be it enacted by the Senate and House of Representatives of the_ _United States of America in Congress assembled,_ **SECTION 1. SHORT TITLE.** This Act may be cited as the “Stop Stealing our Chips Act”. **SEC. 2. FINDINGS.** Congress finds the following:

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(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 across all sectors.

(4) Such a program may also encourage stronger selfpolicing and internal compliance by firms, preventing violations before they occur.

**SEC. 3. ESTABLISHMENT OF WHISTLEBLOWER INCENTIVE** **PROGRAM AND WHISTLEBLOWER PROTECTIONS.**

(a) IN GENERAL.—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 unless the whistleblower is the original source of the information;

“(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 e

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