S 678 ISRS
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, and 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.
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’.
SEC. 3. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General- Pursuant to its authority undersection 994(p) of title 28, United States Code, the United States Sentencing Commission shall --(1) review itsand, if appropriate, amend the Federal sentencing guidelines and policy relating tostatements applicable to persons convicted of offenses relating to the transmission or attempted transmission of a two-level enhancement fstolen trade secret outside of the United States or economic espionage; and(2) as a part of, in order to reflect the intent of Congress that penalties for such review consider amendingoffenses 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 guidelines to--(A) apply the twooffenses.
(b) Requirements- level enhancement toIn 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;(B) apply an, including the sufficiency of the existing enhancement for these offenses to address the seriousness of this conduct;
(2) consider additional two-level enhancement if the defendant transmitsenhancements in the Federal sentencing guidelines and policy statements to account for--
(A) the transmission or attempts to transmit theed transmission of a 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; and
(B) the transmission or intended that the offense would benefitattempted 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); and(C) provide when;
(3) consider establishing a defendant transmitsminimum offense level under the Federal sentencing guidelines and policy statements for offenses relating to the transmission or attempted transmission of a stolen trade secrets outside of the United State 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 insection 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 commitsgroups representing owners of trade secrets, law enforcement, victims of economic espionage, that the defendant should fac 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 minimum offense level.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
U.S. Congress - Text of S.678 as Reported in Senate Economic Espionage Penalty Enhancement Act
