In the nature of a substitute.

The amendment, titled the "Stop Stealing our Chips Act," aims to change the Export Control Reform Act of 2018 by adding a new section focused on whistleblower incentives and protections.

The purpose of this amendment is to protect national security by stopping the diversion of leading-edge artificial intelligence chips to adversaries of the United States. It aims to achieve this by encouraging individuals to report violations of export control laws.

Key Changes and Additions

• Whistleblower Incentive Program: It establishes a program to reward individuals who provide "original information" that leads to the forfeiture of property or the imposition of fines. Eligible whistleblowers can receive an award between 10 percent and 30 percent of the collected fine.

• Reporting Process: The Secretary must create a secure online portal for reporting. While reports can be made anonymously, the Secretary may require the whistleblower's identity to be disclosed to issue an award.

• Whistleblower Protections: The amendment prohibits employers from retaliating against whistleblowers through discharge, demotion, suspension, threats, harassment, or other discrimination. Individuals who prevail in a retaliation lawsuit can receive:

  • Reinstatement with the same seniority.
  • 2 times the amount of back pay with interest.
  • Compensation for legal costs, expert fees, and attorney fees.

• Export Compliance Accountability Fund: It creates a fund to pay whistleblower awards and support program activities, such as investigating reports and maintaining the portal. This fund is credited with fines collected from actions initiated by whistleblower information.