H.R. 6322

[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).
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