S. 1473: Stop Stealing our Chips Act

This bill, known as the Stop Stealing our Chips Act, aims to amend the Export Control Reform Act of 2018 to create a whistleblower incentive program and enhance protections for whistleblowers in cases related to U.S. export control laws. The key components of the bill are as follows:

Whistleblower Incentive Program

The bill establishes a program offering rewards to individuals (whistleblowers) who report violations of export control laws, particularly those that threaten national security by diverting advanced chip technology to adversarial countries. Whistleblowers will be eligible for financial awards if their original information leads to successful enforcement actions and fines against violators.

Definitions

• Original Information: Information derived from the independent knowledge of the whistleblower that is not already known to the Secretary of Commerce from other sources.
• Whistleblower: Any individual providing information about possible violations, excluding federal employees acting within their job duties or individuals on certain prohibited lists.

Reporting and Anonymity

The Secretary of Commerce is required to create a secure online portal for reporting violations. Whistleblowers may submit reports anonymously, including through attorneys, though they might need to disclose their identity to qualify for rewards.

Investigation and Feedback

The bill mandates that the Secretary shall conduct an initial review of reports within 60 days and complete investigations within 180 days unless particularly complex. Whistleblowers must be kept informed about the status of their reports regularly.

Whistleblower Protection

The legislation prohibits employers from retaliating against whistleblowers for reporting violations. This includes actions like termination, demotion, or harassment. However, protections do not extend to those who knowingly provide false information.

Enforcement and Legal Actions

Whistleblowers who experience retaliation can file lawsuits in U.S. district courts. Successful litigants may recover damages including double back pay and compensation for legal fees.

Confidentiality

Information provided by whistleblowers must be kept confidential to protect their identities, except when disclosure is necessary for legal proceedings. This confidentiality applies even in sharing information with other government entities.

Export Compliance Accountability Fund

The bill establishes a fund to support the whistleblower program, funded by fines collected from enforcement actions based on whistleblower reports. This fund is designated for paying awards to whistleblowers and supporting the related activities and protections.

Implementation Timeline

Key aspects of the program, including the establishment of the fund and the online portal for reporting violations, must be operational within specified timelines following the bill's enactment.

Relevant Companies

• NVDA - NVIDIA Corporation: A major supplier of AI and graphics chips, this company may face heightened scrutiny regarding export compliance under the new whistleblower program.
• AMD - Advanced Micro Devices, Inc.: As another key player in the chip manufacturing industry, AMD could be affected by whistleblower reports concerning export violations.
• INTC - Intel Corporation: Intel, which produces a wide range of semiconductor technologies, may need to ensure compliance with export regulations to avoid violations reported by whistleblowers.