[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Reported in Senate (RS)]

                                                       Calendar No. 255
112th CONGRESS
  1st Session
                                 S. 678

           To increase the penalties for economic espionage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2011

 Mr. Kohl (for himself, Mr. Whitehouse, Mr. Coons, Mr. Blumenthal, Mr. 
    Graham, Mr. Kyl, Mr. Coburn, Mrs. Feinstein, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                            December 8, 2011

                Reported by Mr. Leahy, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
           To increase the penalties for economic espionage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Espionage Penalty 
Enhancement Act''.

SEC. 2. AMENDMENT TO TITLE 18.

    Section 1831(a) of title 18, United States Code, is amended by 
striking ``15 years'' and inserting ``20 years''.

<DELETED>SEC. 3. DIRECTIVE TO SENTENCING COMMISSION.</DELETED>

<DELETED>    Pursuant to its authority under section 994(p) of title 
28, United States Code, the United States Sentencing Commission shall--
</DELETED>
        <DELETED>    (1) review its guidelines and policy relating to a 
        two-level enhancement for economic espionage; and</DELETED>
        <DELETED>    (2) as a part of such review consider amending 
        such guidelines to--</DELETED>
                <DELETED>    (A) apply the two-level enhancement to the 
                simple misappropriation of a trade secret;</DELETED>
                <DELETED>    (B) apply an additional two-level 
                enhancement if the defendant transmits or attempts to 
                transmit the stolen trade secret outside of the United 
                States and an additional three-level enhancement if the 
                defendant instead commits economic espionage (i.e., he/
                she knew or intended that the offense would benefit a 
                foreign government, foreign instrumentality, or foreign 
                agent); and</DELETED>
                <DELETED>    (C) provide when a defendant transmits 
                trade secrets outside of the United States or commits 
                economic espionage, that the defendant should face a 
                minimum offense level.</DELETED>

SEC. 3. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and, if appropriate, amend the Federal sentencing 
guidelines and policy statements applicable to persons convicted of 
offenses relating to the transmission or attempted transmission of a 
stolen trade secret outside of the United States or economic espionage, 
in order to reflect the intent of Congress that penalties for such 
offenses under the Federal sentencing guidelines and policy statements 
appropriately, reflect the seriousness of these offenses, account for 
the potential and actual harm caused by these offenses, and provide 
adequate deterrence against such offenses.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall_
            (1) consider the extent to which the Federal sentencing 
        guidelines and policy statements appropriately account for the 
        simple misappropriation of a trade secret, including the 
        sufficiency of the existing enhancement for these offenses to 
        address the seriousness of this conduct;
            (2) consider additional enhancements in the Federal 
        sentencing guidelines and policy statements to account for--
                    (A) the transmission or attempted transmission of a 
                stolen trade secret outside of the United States; and
                    (B) the transmission or attempted transmission of a 
                stolen trade secret outside of the United States that 
                is committed or attempted to be committed for the 
                benefit of a foreign government, foreign 
                instrumentality, or foreign agent;
            (3) consider establishing a minimum offense level under the 
        Federal sentencing guidelines and policy statements for 
        offenses relating to the transmission or attempted transmission 
        of a stolen trade secret outside of the United States;
            (4) ensure the Federal sentencing guidelines and policy 
        statements reflect the seriousness nature of these offenses and 
        the need to deter such conduct;
            (5) ensure reasonable consistency with other relevant 
        directives, Federal sentencing guidelines and policy 
        statements, and any Federal statutes;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines and policy statements; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing as set forth in 
        section 3553(a)(2) of title 18, United States Code.
    (c) Consultation.--In carrying out the review required under this 
section, the Commission shall consult with individuals or groups 
representing owners of trade secrets, law enforcement, victims of 
economic espionage offenses, the United States Department of State, the 
United States Department of Homeland Security, and the United States 
Trade Representative.
    (d) Review.--Not later than 180 days after the date of enactment of 
this Act, the Commission shall--
            (1) complete its consideration and review under this 
        section; and
            (2) if it chooses not to adopt any of the specific 
        recommendations made under this section, issue a report 
        explaining why it has not adopted the recommendations.
                                                       Calendar No. 255

112th CONGRESS

  1st Session

                                 S. 678

_______________________________________________________________________

                                 A BILL

           To increase the penalties for economic espionage.

_______________________________________________________________________

                            December 8, 2011

                       Reported with an amendment