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(b) FOR OFFENSES COMMITTED BY ORGANIZATIONS.— 
Section 1831(b) of such title is amended by striking ‘‘not 
more than $10,000,000’’ and inserting ‘‘not more than the 
greater of $10,000,000 or 3 times the value of the stolen 
trade secret to the organization, including expenses for re-
search and design and other costs of reproducing the trade 
secret that the organization has thereby avoided’’. 
SEC. 3. REVIEW BY THE UNITED STATES SENTENCING COM-
MISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United 
States Sentencing Commission shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of offenses relat-
ing to the transmission or attempted transmission of a sto-
len trade secret outside of the United States or economic 
espionage, in order to reflect the intent of Congress that pen-
alties for such offenses under the Federal sentencing guide-
lines and policy statements appropriately, reflect the seri-
ousness of these offenses, account for the potential and ac-
tual harm caused by these offenses, and provide adequate 
deterrence against such offenses. 
(b) REQUIREMENTS.—In carrying out this section, the 
United States Sentencing Commission shall—
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(1) consider the extent to which the Federal sen-
tencing guidelines and policy statements appro-
priately account for the simple misappropriation of a 
trade secret, including the sufficiency of the existing 
enhancement for these offenses to address the serious-
ness of this conduct; 
(2) consider whether additional enhancements in 
the Federal sentencing guidelines and policy state-
ments are appropriate to account for— 
(A) the transmission or attempted trans-
mission of a stolen trade secret outside of the 
United States; and 
(B) the transmission or attempted trans-
mission of a stolen trade secret outside of the 
United States that is committed or attempted to 
be committed for the benefit of a foreign govern-
ment, foreign instrumentality, or foreign agent; 
(3) ensure the Federal sentencing guidelines and 
policy statements reflect the seriousness of these of-
fenses and the need to deter such conduct; 
(4) ensure reasonable consistency with other rel-
evant directives, Federal sentencing guidelines and 
policy statements, and related Federal statutes;
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(5) make any necessary conforming changes to 
the Federal sentencing guidelines and policy state-
ments; and 
(6) ensure that the Federal sentencing guidelines 
adequately meet the purposes of sentencing as set 
forth in section 3553(a)(2) of title 18, United States 
Code. 
(c) CONSULTATION.—In carrying out the review re-
quired under this section, the Commission shall consult 
with individuals or groups representing law enforcement, 
owners of trade secrets, victims of economic espionage of-
fenses, the United States Department of Justice, the United 
States Department of Homeland Security, the United 
States Department of State and the Office of the United 
States Trade Representative. 
(d) REVIEW.—Not later than 180 days after the date 
of enactment of this Act, the Commission shall complete its 
consideration and review under this section. 
Attest: 
Secretary.