H.R. 6322: Stop Stealing our Chips Act

This bill, titled the Stop Stealing our Chips Act, aims to improve the enforcement of U.S. export control laws regarding advanced technology, particularly artificial intelligence chips, which are viewed as crucial for national security. Key provisions of the bill include:

1. Whistleblower Incentive Program

The legislation establishes a whistleblower incentive program under the Export Control Reform Act of 2018. This program will reward individuals who provide valuable information about violations of export control laws. Specifically, individuals can receive financial rewards if their disclosures lead to:

• The imposition of fines on violators.
• The forfeiture of property linked to those violations.

2. Reporting Mechanisms

The bill mandates the creation of a secure online portal within 120 days of enactment for submitting whistleblower reports. This portal will allow individuals to report potential violations anonymously, if desired. The Secretary of Commerce is required to respond to reports within 60 days to determine their credibility and to initiate investigations if warranted.

3. Whistleblower Protections

To encourage individuals to come forward, the bill includes provisions to protect whistleblowers from retaliation. Employers will be prohibited from taking adverse actions against employees who report violations. Employees who experience retaliation will have the right to seek legal recourse, including reinstatement and compensation for damages.

4. Definitions and Eligibility

The bill defines who qualifies as a whistleblower and outlines what constitutes "original information." It excludes certain individuals, such as federal employees acting within their official duties and those on specific government watchlists. The program particularly focuses on information that is not already known to government authorities.

5. Export Compliance Accountability Fund

An Export Compliance Accountability Fund will be established to manage the financial aspects of whistleblower rewards and program operations. Funding for whistleblower awards will come from fines collected under export control laws that are linked to information provided by whistleblowers.

6. Implementation Timeline

The bill specifies timelines for establishing the whistleblower program and creating the reporting portal, emphasizing an expedited approach to enhancing enforcement and compliance.

7. Funding Sources

Any funds generated from fines related to whistleblower-reported violations will be deposited into the Export Compliance Accountability Fund. This fund will support the whistleblower incentive program and related enforcement activities.

8. Confidentiality and Information Sharing

Confidentiality measures are included to protect whistleblower identities, restricting the disclosure of their information unless necessary for legal proceedings. The bill also allows for limited sharing of information with law enforcement and regulatory entities.

Relevant Companies

• NVDA (NVIDIA Corporation): As a major producer of AI chips, NVIDIA could be impacted by increased scrutiny of its export practices, especially concerning compliance with U.S. export control laws.
• AMD (Advanced Micro Devices, Inc.): Similar to NVIDIA, AMD produces advanced semiconductor technologies that may face regulatory challenges under the new whistleblower provisions.
• INTC (Intel Corporation): Intel, a major player in the chip industry, may experience increased compliance measures and impacts related to export controls on sensitive technologies.