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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6322 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6322
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
November 28, 2025
Mr. Kean (for himself and Ms. Johnson of Texas) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
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:
(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 self-
policing 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 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; or
``(III) The Entity List under
Supplement No. 4 to part 744 of the
Export Administration Regulations.
``(3) Related action.--The term `related action', when used
with respect to any judicial or administrative action brought
by the Department under the Export Administration Regulations,
means any judicial or administrative action brought by a United
States government entity that is based upon the original
information provided by a whistleblower pursuant to this
section that led to a successful export control enforcement
action.
``(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) if such forfeiture results in net proceeds to
the Export Compliance Accountability Fund.
``(2) Whistleblower reports.--
``(A) Online portal.--Not later than 120 days after
the date of the enactment of this section, the
Secretary shall establish 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 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 60 days
after the date on which the
whistleblower submitted the report and
not less frequently than every 180 days
thereafter.
``(II) Sensitive information.--The
Secretary may omit from the updates
required by subclause (I) any
information that could compromise an
ongoing 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 shall pay an award or awards to any
whistleblower who provided original information that
led to the imposition of a fine greater than $1,000,000
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
or a related action, including when the underlying
violation occurred before the date of the enactment of
this section, so long as the whistleblower's report is
submitted after such date of enactment.
``(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; or
``(cc) an employee of a
public accounting firm if the
information was obtained while
working on an engagement
required by Federal law; or
``(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.--The sum total of the
awards issued for a particular action 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, or separate reports
related to the same action, any award issued
under subparagraph (A) shall be split among the
individuals at the Secretary's discretion.
``(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) Awards for related actions shall be paid at
the discretion of the Secretary.
``(4) Publication.--
``(A) In general.--Not later than the date on which
the online portal required by paragraph (2)(A) is
complete, 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 impending communication and
retaliation.--
``(A) In general.--Except as provided in
subparagraph (B), no employer may--
``(i) impede or attempt to impede an
individual from communicating directly with the
Department of Commerce regarding a possible
violation of export control or related laws; or
``(ii) 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.
``(E) Scope of protection.--The protections under
this subsection shall apply to any individual who
engages in an act described in subparagraph (A),
including reporting a potential violation internally to
an employer or to a law enforcement agency, regardless
of whether the individual has, at the time of the
alleged retaliation, provided information to the
Secretary under this section. Such protections shall
also apply if the retaliation occurs before, or in the
absence of, a formal report to the Department of
Commerce.
``(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 Federal or
State regulatory authority or Federal
investigative agency; and
``(IV) a foreign law enforcement
authority.
``(ii) Confidentiality.--
``(I) In general.--Each of the
entities described in subclauses (I)
through (III) of clause (i) shall
maintain such information as
confidential in accordance with the
requirements established under
subparagraph (A).
``(II) Foreign authorities.--Each
of the entities described in clause
(i)(IV) 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 (3) that remain
in the Fund after the payment, for that fiscal year, of all
expenses under paragraph (3) shall be transferred to the
general fund of the Treasury. The Fund shall retain an amount
equivalent to $100,000,000 (adjusted for inflation) or the
total amount necessary to satisfy any pending whistleblower
award determinations, whichever is greater.
``(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, IT expenses, and
other expenses to maintain or update the portal
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.--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.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, may be
construed to affect, reduce, or divert any amounts required by law to
be deposited into the Crime Victims Fund (34 U.S.C. 20101) or the U.S.
Victims of State Sponsored Terrorism Fund (34 U.S.C. 20144).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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