IN THE SENATE OF THE UNITED STATES
March 30, 2011
Mr. Kohl (for himself, Mr. Whitehouse, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To increase the penalties for economic espionage.
This Act may be cited as
Economic Espionage Penalty
Amendment to title 18
Section 1831(a) of
title 18, United States Code, is amended by striking
Directive to Sentencing Commission
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall—
review its guidelines and policy relating to a two-level enhancement for economic espionage; and
as a part of such review consider amending such guidelines to—
apply the two-level enhancement to the simple misappropriation of a trade secret;
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
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.