Stop Stealing our Chips Act
What changed between versions
The definition of who is excluded from whistleblower status was expanded. Previously only individuals on the OFAC Specially Designated Nationals list were excluded. Now individuals on the Denied Persons List and the Entity List are also excluded, meaning people already sanctioned or restricted under export control rules cannot participate in the program.
The program now rewards information that leads not only to fines but also to forfeiture of property under section 1761(j), broadening the types of enforcement outcomes that can trigger a whistleblower award.
The online reporting portal now covers not just violations by persons but also items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of export control rules.
The 180-day deadline for concluding formal investigations was removed and replaced with a requirement to pursue investigations 'with urgency' and conclude them 'within a reasonable amount of time,' giving the Secretary more flexibility but less accountability on timing.
Whistleblower status updates were changed from every 30 days to every 90 days, and the initial update deadline was extended from 30 days to 90 days. The Secretary may now also withhold confirmation that a specific investigation exists.
A new provision requires that no award can be made based on information unless it is submitted under penalty of perjury, adding a legal safeguard against false claims.
The Export Compliance Accountability Fund now retains an estimated amount for outstanding awards at year end instead of transferring all remaining funds to the general Treasury fund, ensuring money stays available to pay future whistleblower awards.
A new exception was added preventing amounts that would otherwise go to the US Victims of State Sponsored Terrorism Fund or the Crime Victims Fund from being deposited into the whistleblower fund, protecting existing victim compensation streams.
The list of entities that can receive confidential whistleblower information was expanded to include Federal investigative agencies in addition to national security agencies and regulatory authorities.
A cross-reference error was corrected: the Export Compliance Accountability Fund is now correctly cited as section 1761A(d) instead of 1761A(e).
