Stop Stealing our Chips Act
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Would amend the Export Control Reform Act of 2018 to create a financial incentive program for individuals who report U.S. export control violations to the Bureau of Industry and Security (BIS), paying whistleblowers 10 to 30 percent of fines over $1 million that result from their tips.
The bill is specifically aimed at curbing the diversion of leading-edge artificial intelligence chips to U.S. adversaries, and would pair the new financial rewards with anti-retaliation and confidentiality protections for anyone who reports violations — including non-U.S. citizens.
What this bill would do
What it would do
The bill would amend the Export Control Reform Act of 2018 to establish a whistleblower incentive program administered by BIS. Within 120 days of enactment, BIS would be required to launch a secure online portal for reporting export control violations and stand up the formal incentive program. Qualifying whistleblowers who provide original information leading to fines greater than $1 million would be eligible for awards of 10 to 30 percent of the collected fine amount. The bill would also create the Export Compliance Accountability Fund — a self-financing Treasury account funded from collected fines — to pay those awards and cover program administration costs.
The bill would prohibit employers from retaliating against or impeding individuals who report suspected violations, whether internally, to law enforcement, or to BIS. Whistleblowers who face retaliation could sue in federal district court for reinstatement, double back pay, and attorney's fees. Certain categories of insiders — such as compliance officers and public accounting firm employees — would be disqualified from awards unless specific exceptions apply. Federal employees acting within their official duties, and individuals on designated sanctions or denial lists, would be excluded from the program entirely.
Key provisions
- 1Would require BIS to establish a whistleblower incentive program within 120 days to reward individuals whose tips lead to fines or property forfeitures under the Export Control Reform Act.
- 2Would require BIS to create and maintain a secure public online portal for reporting export control violations within 120 days of enactment; anonymous submissions through an attorney would be permitted.
- 3Would require BIS to pay awards of 10 to 30 percent of collected fines exceeding $1 million to qualifying whistleblowers whose original information led to the enforcement action.
- 4Would establish the Export Compliance Accountability Fund in the U.S. Treasury, funded from fines collected in whistleblower-initiated export control actions, to pay awards and cover program expenses.
- 5Would prohibit employers from retaliating against or impeding whistleblowers; individuals prevailing in a retaliation lawsuit could recover reinstatement, double back pay, and attorney's fees.
- 6Would require BIS to maintain confidentiality of whistleblower identities, with limited exceptions for sharing information with law enforcement, national security agencies, and foreign law enforcement authorities.
Who would be affected
Individuals anywhere in the world — including non-U.S. citizens — who possess knowledge of export control violations and choose to report them; employers in industries subject to export controls (particularly semiconductor and AI chip companies) who would face new anti-retaliation obligations; and BIS and the Department of Commerce, which would administer the program, portal, and fund.
Why it matters
Whistleblowers who successfully trigger a fine above $1 million could receive awards potentially reaching tens of millions of dollars, creating a strong financial incentive to report diversion of restricted technology. Companies subject to export controls would face greater risk of internal reporting and external enforcement actions, potentially incentivizing tighter compliance programs to prevent violations before they occur.
What would change
Changes to existing law
Amends Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) (Sec. 3)
Adds new section 1761A creating a whistleblower incentive program, secure reporting portal, Export Compliance Accountability Fund, anti-retaliation protections, and confidentiality requirements.
Agencies directed to act
Effective dates
- Export Compliance Accountability Fund must be established
- Whistleblower incentive program and secure reporting portal must be established
- BIS must complete initial credibility review of each whistleblower report
Funding and costs
- $100,000,000
Minimum balance the Export Compliance Accountability Fund must retain (adjusted for inflation) to cover whistleblower awards and program expenses
How implementation would work
BIS must stand up both the secure reporting portal and the formal whistleblower incentive program within 120 days of enactment, and establish the Export Compliance Accountability Fund within 90 days. After receiving a report, BIS has 60 days to assess credibility and, if warranted, open a formal investigation; the whistleblower must receive status updates at least every 180 days. Award amounts are set at 10–30 percent of collected fines and are determined by the Secretary based on accuracy, relevance, timeliness, and usefulness. The Fund is self-financing from fines collected in whistleblower-initiated actions; surplus above $100 million (inflation-adjusted) or outstanding award obligations reverts to the general Treasury at year-end. Aggrieved whistleblowers may enforce anti-retaliation rights in federal district court.
Legislative status & sources
Latest action
Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 1.
Official CRS summary
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This bill creates a whistleblower incentive program and establishes whistleblower protections for individuals who provide information to the Department of Commerce's Bureau of Industry and Security (BIS) related to violations of U.S. export control laws.
Currently, BIS administers and enforces controls on the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. These export controls are implemented primarily under the Export Control Reform Act of 2018 (ECRA) through the Export Administration Regulations.
Under the bill, BIS must establish a whistleblower incentive program to reward individuals who voluntarily report original information that results in BIS (1) imposing fines under ECRA on persons that violate, attempt to violate, conspire to violate, or cause a violation of ECRA or any related regulation, order, license, or authorization; or (2) requiring the forfeiture of property that results in net proceeds.
Additionally, BIS must establish a secure online portal for whistleblowers to report violations of ECRA. The bill outlines requirements for BIS to review, investigate, and provide status updates related to these reports.
The bill requires BIS to pay an award to certain whistleblowers who voluntarily reported original information that led to the imposition of a fine under ECRA. The bill establishes the Export Compliance Accountability Fund for paying these awards and funding related activities.
The bill also sets forth whistleblower protections by (1) prohibiting employers from impeding communication or retaliating against individuals who act as whistleblowers, and (2) establishing confidentiality requirements.
Legislative subjects
Computers and information technology; Employment discrimination and employee rights; Foreign Trade and International Finance; Government information and archives; Government trust funds; Internet, web applications, social media; Right of privacy; Trade restrictions