‘‘(B) disclosure or use of a trade secret of 
another without express or implied consent by 
a person who— 
‘‘(i) used improper means to acquire 
knowledge of the trade secret; 
‘‘(ii) at the time of disclosure or use, 
knew or had reason to know that the 
knowledge of the trade secret was— 
‘‘(I) derived from or through a 
person who had used improper means 
to acquire the trade secret; 
‘‘(II) 
acquired 
under 
cir-
cumstances giving rise to a duty to 
maintain the secrecy of the trade se-
cret or limit the use of the trade se-
cret; or 
‘‘(III) derived from or through a 
person who owed a duty to the person 
seeking relief to maintain the secrecy 
of the trade secret or limit the use of 
the trade secret; or 
‘‘(iii) before a material change of the 
position of the person, knew or had reason 
to know that— 
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‘‘(I) the trade secret was a trade 
secret; and 
‘‘(II) knowledge of the trade se-
cret had been acquired by accident or 
mistake; 
‘‘(6) the term ‘improper means’— 
‘‘(A) includes theft, bribery, misrepresenta-
tion, breach or inducement of a breach of a 
duty to maintain secrecy, or espionage through 
electronic or other means; and 
‘‘(B) does not include reverse engineering 
or independent derivation; and 
‘‘(7) the term ‘Trademark Act of 1946’ means 
the Act entitled ‘An Act to provide for the registra-
tion and protection of trademarks used in commerce, 
to carry out the provisions of certain international 
conventions, and for other purposes, approved July 
5, 1946 (15 U.S.C. 1051 et seq.) (commonly re-
ferred to as the ‘‘Trademark Act of 1946’’ or the 
‘‘Lanham Act’’)’.’’. 
(c) EXCEPTIONS TO PROHIBITION.—Section 1833 of 
title 18, United States Code, is amended, in the matter 
preceding paragraph (1), by inserting ‘‘or create a private 
right of action for’’ after ‘‘prohibit’’. 
(d) CONFORMING AMENDMENTS.— 
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(1) The section heading for section 1836 of title 
18, United States Code, is amended to read as fol-
lows: 
‘‘§ 1836. Civil proceedings’’. 
(2) The table of sections for chapter 90 of title 
18, United States Code, is amended by striking the 
item relating to section 1836 and inserting the fol-
lowing: 
‘‘1836. Civil proceedings.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to any misappropria-
tion of a trade secret (as defined in section 1839 of title 
18, United States Code, as amended by this section) for 
which any act occurs on or after the date of the enactment 
of this Act. 
(f) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by this section shall be construed to 
modify the rule of construction under section 1838 of title 
18, United States Code, or to preempt any other provision 
of law. 
(g) APPLICABILITY TO OTHER LAWS.—This section 
and the amendments made by this section shall not be con-
strued to be a law pertaining to intellectual property for 
purposes of any other Act of Congress. 
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SEC. 3. REPORT ON THEFT OF TRADE SECRETS OCCUR-
RING ABROAD. 
(a) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent 
and Trademark Office. 
(2) FOREIGN
INSTRUMENTALITY, ETC.—The 
terms ‘‘foreign instrumentality’’, ‘‘foreign agent’’, 
and ‘‘trade secret’’ have the meanings given those 
terms in section 1839 of title 18, United States 
Code. 
(3) STATE.—The term ‘‘State’’ includes the 
District of Columbia and any commonwealth, terri-
tory, or possession of the United States. 
(4) UNITED
STATES
COMPANY.—The term 
‘‘United States company’’ means an organization or-
ganized under the laws of the United States or a 
State or political subdivision thereof. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and biannually thereafter, the 
Attorney General, in consultation with the Intellectual 
Property Enforcement Coordinator, the Director, and the 
heads of other appropriate agencies, shall submit to the 
Committees on the Judiciary of the House of Representa-
tives and the Senate, and make publicly available on the 
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Web site of the Department of Justice and disseminate 
to the public through such other means as the Attorney 
General may identify, a report on the following: 
(1) The scope and breadth of the theft of the 
trade secrets of United States companies occurring 
outside of the United States. 
(2) The extent to which theft of trade secrets 
occurring outside of the United States is sponsored 
by foreign governments, foreign instrumentalities, or 
foreign agents. 
(3) The threat posed by theft of trade secrets 
occurring outside of the United States. 
(4) The ability and limitations of trade secret 
owners to prevent the misappropriation of trade se-
crets outside of the United States, to enforce any 
judgment against foreign entities for theft of trade 
secrets, and to prevent imports based on theft of 
trade secrets overseas. 
(5) A breakdown of the trade secret protections 
afforded United States companies by each country 
that is a trading partner of the United States and 
enforcement efforts available and undertaken in each 
such country, including a list identifying specific 
countries where trade secret theft, laws, or enforce-
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ment is a significant problem for United States com-
panies. 
(6) Instances of the Federal Government work-
ing with foreign countries to investigate, arrest, and 
prosecute entities and individuals involved in the 
theft of trade secrets outside of the United States. 
(7) Specific progress made under trade agree-
ments and treaties, including any new remedies en-
acted by foreign countries, to protect against theft 
of trade secrets of United States companies outside 
of the United States. 
(8) Recommendations of legislative and execu-
tive branch actions that may be undertaken to— 
(A) reduce the threat of and economic im-
pact caused by the theft of the trade secrets of 
United States companies occurring outside of 
the United States; 
(B) educate United States companies re-
garding the threats to their trade secrets when 
taken outside of the United States; 
(C) provide assistance to United States 
companies to reduce the risk of loss of their 
trade secrets when taken outside of the United 
States; and 
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(D) provide a mechanism for United States 
companies to confidentially or anonymously re-
port the theft of trade secrets occurring outside 
of the United States. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) trade secret theft occurs in the United 
States and around the world; 
(2) trade secret theft, wherever it occurs, harms 
the companies that own the trade secrets and the 
employees of the companies; and 
(3) chapter 90 of title 18, United States Code 
(commonly known as the Economic Espionage Act of 
1996), applies broadly to protect trade secrets from 
theft. 
Æ 
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