< Back to S. 678 (112th Congress, 2011–2013)

Text of the Economic Espionage Penalty Enhancement Act

This bill was introduced on December 8, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 30, 2011 (Introduced).

This is not the latest text of this bill.

Source: GPO

II

112th CONGRESS

1st Session

S. 678

IN THE SENATE OF THE UNITED STATES

March 30, 2011

(for himself, Mr. Whitehouse, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To increase the penalties for economic espionage.

1.

Short title

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

2.

Amendment to title 18

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

3.

Directive to Sentencing Commission

Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall—

(1)

review its guidelines and policy relating to a two-level enhancement for economic espionage; and

(2)

as a part of such review consider amending such guidelines to—

(A)

apply the two-level enhancement to the simple misappropriation of a trade secret;

(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

(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.