Economic Espionage Penalty Enhancement Act

Economic Espionage Penalty Enhancement Act - Amends the federal criminal code to increase (from 15 to 20 years) the term of imprisonment for economic espionage (i.e., stealing or obtaining, duplicating or conveying, or buying or possessing trade secrets without authorization intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent).

Directs the United States Sentencing Commission to review and amend the federal sentencing guidelines and policy statements applicable to persons convicted of offenses relating to the transmission of a stolen trade secret outside of the United States or economic espionage to reflect the intent of Congress that penalties for such offenses: (1) reflect the seriousness of, and potential and actual harm caused by, such offenses; and (2) provide adequate deterrence.

Directs the Commission to: (1) consider the extent to which such guidelines and statements appropriately account for the simple misappropriation of a trade secret, including the sufficiency of the existing enhancement for such offenses to address the seriousness of this conduct; (2) consider additional enhancements to account for any transmission of a stolen trade secret outside of the United States and any such transmission that is committed for the benefit of a foreign government; (3) consider establishing a minimum offense level for offenses relating to such transmission; (4) ensure that the guidelines and statements reflect the serious nature of such offenses and the need to deter such conduct; (5) ensure reasonable consistency with other relevant directives, guidelines and statements, and federal statutes; and (6) ensure that the guidelines adequately meet the purposes of sentencing.

Directs the Commission to complete its review within 180 days and to issue a report explaining any decision not to adopt any of the specific recommendations.

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

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) 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.

    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''.

SEC. 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.
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