,,ii #aaith ,,congress #ast ,session ,s4 #adgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbe,mr4 ,rounds 7for himself and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,export ,control ,reform ,act of #bjah to establish a whistleblower incentive program and provide protections to whistleblowers4 #a4 ,short title ,this ,act may be cited as the ,stop ,stealing our ,chips ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,violations of the export control laws of the ,united ,states1 especially the diversion of leading-edge artificial intelligence chips into countries that are adversaries of the ,united ,states1 threaten the national security of the ,united ,states4 7#b7 ,individuals who accurately report violations of ,united ,states export control laws play a significant role in helping authorities identify and mitigate such threats4 7#c7 ,an incentive program that rewards whistleblowers can significantly enhance enforcement efforts by encouraging individuals to provide high-value information on potential violations4 #c4 ,establishment of ,whistleblower ,incentive ,program and ,whistleblower ,protections 7a7 ,in general ,the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq47 is amended by inserting after section #agfa the following3 #agfa;,a4 ,whistleblower ,incentives and ,protections 7a7 ,definitions ,in this section3 7#a7 ,original information ,the term original information means information that is-- 7,a7 derived from the independent knowledge or analysis of a whistleblower2 7,b7 not known to the ,secretary from any other source2 7,c7 not exclusively derived from an allegation made in a judicial or administrative hearing1 a governmental report1 hearing1 audit1 or investigation1 or from news media1 unless the whistleblower is the source of such allegation2 and 7,d7 provided to the ,secretary voluntarily1 without any request from the ,secretary or any other government official4 7#b7 ,whistleblower 7,a7 ,in general ,the term whistleblower means1 except as provided by subparagraph 7,b71 any individual 7including an individual who is not a ,united ,states citizen7 who provides1 or #b or more such individuals acting jointly who provide1 to the ,secretary information relating to a possible violation of this part or of any regulation1 order1 license1 or other authorization issued under this part4 7,b7 ,exclusions ,the term whistleblower does not include-- 7i7 a ,federal employee acting within the scope of the duties of the employee2 or 7ii7 an individual on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 7b7 ,whistleblower ,incentive ,program 7#a7 ,establishment ,not later than #abj days after the date of the enactment of this section1 the ,secretary shall establish a whistleblower incentive program to reward individuals who provide original information that leads to the imposition of fines under this part on persons that violate1 attempt to violate1 conspire to violate1 or cause a violation of this part or any regulation1 order1 license1 or other authorization issued under this part4 7#b7 ,whistleblower reports 7,a7 ,online portal ,not later than #abj days after the date of the enactment of this section1 the ,secretary shall develop1 implement1 and maintain a secure portal1 on a website accessible to the public1 for the reporting of original information relating to persons that violate1 attempt to violate1 conspire to violate1 or cause a violation of this part or any regulation1 order1 license1 or other authorization issued under this part4 7,b7 ,anonymity 7i7 ,in general ,as an alternative to submission through the portal required by subparagraph 7,a71 an individual may submit a report of original information under this subsection anonymously1 including through an attorney4 7ii7 ,exception ,the ,secretary may require that the identity of an individual be disclosed for the individual to receive an award under paragraph 7#c74 7,c7 ,expedited review 7i7 ,initial review ,not later than #fj days after the date of receipt of a report from a whistleblower1 the ,secretary shall-- 7,i7 determine whether the report is credible2 and 7,,ii7 if credible1 initiate a formal investigation of the allegations contained in the report4 7ii7 ,investigation ,unless the ,secretary determines that the investigation is particularly complex1 the ,secretary shall conclude the investigation not later than #ahj days after the date on which a formal investigation has been initiated under clause 7i74 7iii7 ,notification 7,i7 ,in general ,the ,secretary shall update the whistleblower on the status of a report and1 if applicable1 the related investigation not later than #cj days after the date on which the whistleblower submitted the report and not less frequently than every #cj days thereafter4 7,,ii7 ,sensitive information ,the ,secretary may omit from the updates required by subclause 7,i7 any information that could compromise an ongoing investigation4 7,d7 ,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 7,c77i7 were not credible4 7#c7 ,awards 7,a7 ,eligibility ,subject to subparagraph 7,b71 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 violated1 attempted to violate1 conspired to violate1 or caused a violation of this part or any regulation1 order1 license1 or other authorization issued under this part4 7,b7 ,disqualification 7i7 ,in general ,subject to clause 7ii71 the ,secretary may not pay an award or awards to any whistleblower who provides original information with respect to a person or persons that violated1 attempted to violate1 conspired to violate1 or caused a violation of this part or any regulation1 order1 license1 or other authorization issued under this part1 if such information was obtained through-- 7,i7 the role of the whistleblower as-- 7aa7 an officer1 director1 trustee1 or partner of an entity that handles internal processes for legal violations for the person or persons2 7bb7 an employee of an entity that conducts compliance or internal audits for the person or persons2 7cc7 an employee of a public accounting firm if the information was obtained while working on an engagement required by ,federal securities laws1 other than specific audits2 or 7,,ii7 any means that violates ,federal or ,state criminal law4 7ii7 ,exceptions ,clause 7i7 shall not apply if-- 7,i7 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 harm2 7,,ii7 the whistleblower had a reasonable basis to believe that the relevant entity was obstructing an investigation into the misconduct2 or 7,,iii7 not less than #abj days have elapsed since the whistleblower provided the information to the audit committee1 chief legal officer1 chief compliance officer 7or their equivalent7 of the relevant entity or the supervisor of the whistleblower4 7,c7 ,amount 7i7 ,in general ,an award issued under subparagraph 7,a7 shall be-- 7,i7 not less than #aj percent1 in total1 of the amount collected of the fine imposed under this part2 and 7,,ii7 not more than #cj percent1 in total1 of the amount collected of that fine4 7ii7 ,jointly submitted report ,in the case of a report that was submitted jointly by #b or more individuals1 any award issued under subparagraph 7,a7 shall be split equally among the individuals4 7,d7 ,determination ,the ,secretary shall determine the amount of an award made under subparagraph 7,a7 taking into account1 with respect to the information provided-- 7i7 accuracy2 7ii7 relevance2 7iii7 timeliness2 and 7iv7 usefulness4 7#d7 ,publication 7,a7 ,in general ,not later than the date on which the online portal required by paragraph 7#b77;,a7 is complete1 the ,secretary shall develop and implement a plan to publicize the whistleblower incentive program established by paragraph 7#a74 7,b7 ,funding ,the ,secretary shall pay any expenses incurred under subparagraph 7,a7 from amounts authorized to be appropriated to the ,bureau of ,industry and ,security4 7c7 ,protection of whistleblowers 7#a7 ,prohibition against retaliation 7,a7 ,in general ,except as provided in subparagraph 7,b71 no employer may discharge1 demote1 suspend1 threaten1 harass1 directly or indirectly1 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-- 7i7 in reporting violations to the employer or to a law enforcement agency2 7ii7 in providing information to the ,secretary in accordance with this section2 or 7iii7 in initiating1 testifying in1 or assisting in any investigation or judicial or administrative action based upon or related to such information4 7,b7 ,exception ,the protection against retaliation established by subparagraph 7,a7 shall not apply to any individual who reports information under this section knowing that such information is false4 7,c7 ,enforcement 7i7 ,cause of action ,an individual who alleges discharge or other discrimination in violation of subparagraph 7,a7 may bring an action under this paragraph in the appropriate district court of the ,united ,states for the relief provided in subparagraph 7,d74 7ii7 ,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 ,states4 7iii7 ,statute of limitations 7,i7 ,in general ,an action under this subparagraph shall not be entertained if commenced more than-- 7aa7 #f years after the date of the violation of subparagraph 7,a7 occurred2 or 7bb7 #c 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 7,a74 7,,ii7 ,required action within #aj years ,notwithstanding subclause 7,i71 an action under this subparagraph may not in any circumstance be brought more than #aj years after the date on which the violation occurs4 7,d7 ,relief ,relief for an individual prevailing in an action brought under subparagraph 7,c7 shall include-- 7i7 reinstatement with the same seniority status that the individual would have had1 but for the discrimination2 7ii7 #b times the amount of back pay otherwise owed to the individual1 with interest2 and 7iii7 compensation for litigation costs1 expert witness fees1 and reasonable attorneys' fees4 7#b7 ,confidentiality 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the ,secretary and any officer or employee of the ,department of ,commerce shall not disclose any information1 including information provided by a whistleblower to the ,secretary1 that could reasonably be expected to reveal the identity of the whistleblower1 except in accordance with the provisions of section #eeb;a of title #e1 ,united ,states ,code1 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 7,d74 7,b7 ,exempted statute ,for purposes of section #eeb of title #e1 ,united ,states ,code1 this paragraph shall be considered a statute described in subsection 7b77#c77;,b7 of such section4 7,c7 ,rule of construction ,nothing in this section is intended to limit1 or shall be construed to limit1 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 investigation4 7,d7 ,availability to government agencies 7i7 ,in general ,without the loss of its status as confidential in the hands of the ,secretary1 all information referred to in subparagraph 7,a7 may1 in the discretion of the ,secretary1 when determined by the ,secretary to be necessary to accomplish the purposes of this part or any regulation1 order1 license1 or other authorization issued under this part1 be made available to-- 7,i7 a ,federal law enforcement agency2 7,,ii7 a national security agency2 7,,iii7 an appropriate regulatory authority2 7,,iv7 a self-regulatory organization2 and 7,v7 a foreign law enforcement authority4 7ii7 ,confidentiality 7,i7 ,in general ,each of the entities described in subclauses 7,i7 through 7,,iv7 of clause 7i7 shall maintain such information as confidential in accordance with the requirements established under subparagraph 7,a74 7,,ii7 ,foreign authorities ,each of the entities described in clause 7i77,v7 shall maintain such information in accordance with such assurances of confidentiality as the ,secretary determines appropriate4 7d7 ,export ,compliance ,accountability ,fund 7#a7 ,establishment ,not later than #ij days after the date of the enactment of this section1 there shall be established in the ,treasury of the ,united ,states a fund to be known as the ,export ,compliance ,accountability ,fund 7in this subsection referred to as the ,fund74 7#b7 ,availability ,at the end of each fiscal year1 any amounts deposited into the ,fund under paragraph 7#c7 that remain in the ,fund after the payment1 for that fiscal year1 of all expenses under paragraph 7#c7 shall be transferred to the general fund of the ,treasury4 7#c7 ,use of ,fund ,the ,fund shall be available to the ,secretary1 without further appropriation or fiscal year limitation1 for-- 7,a7 paying awards to whistleblowers as provided in subsection 7b77#c72 7,b7 funding activities that support the whistleblower incentive program and whistleblower protections1 including-- 7i7 reviewing and investigating whistleblower reports2 7ii7 providing training and education on compliance with the confidentiality requirement under subsection 7c77#b72 and 7iii7 record keeping1 as considered necessary by the ,secretary2 and 7,c7 if all outstanding awards under subsection 7b77#c7 have been paid1 expenses related to enforcement of this part or any regulation1 order1 license1 or other authorization issued under this part4 7#d7 ,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 whistleblower4 7e7 ,initial funding ,the ,secretary shall pay1 from amounts otherwise available to the ,bureau of ,industry and ,security1 any expenses incurred under this section before the ,export ,compliance ,accountability ,fund is established under subsection 7d7 and has received deposits under paragraph 7#c7 of that subsection4 4 7b7 ,conforming amendment ,section #adjb7;b77#a77;,b7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;b77#a77;,b77 is amended-- 7#a7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 in clause 7iv71 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following2 7v7 the ,export ,compliance ,accountability ,fund pursuant to section #agfa;,a7e7 of the ,export ,control ,reform ,act of #bjah4 4