Economic Espionage Penalty Enhancement Act

Bill: 112-s-678
Sponsor: Sen. Kohl, Herb [D-WI]
Introduced: 2011-03-30 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Criminal procedure and sentencing
Trade secrets and economic espionage
U.S. Sentencing Commission

Summary:
action_date: 2011-03-30
text: 
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 its guidelines and policy relating to a two-level enhancement for economic espionage and consider amending the guidelines to: (1) apply the two-level enhancement to the simple misappropriation of a trade secret; (2) 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; and (3) provide that a defendant who transmits trade secrets outside of the United States or commits economic espionage should face a minimum offense level.

action_date: 2011-12-08
text: 
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.


Legislative actions:
action_date: 2011-12-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.
action_date: 2011-12-08
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
action_date: 2011-12-08
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
action_date: 2011-12-08
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2011-06-22
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 112-922.
action_date: 2011-03-30
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1985)
action_date: 2011-03-30
text: Sponsor introductory remarks on measure. (CR S1985)
action_date: 2011-03-30
text: Introduced in Senate