United States 112th Congress Status: Died 1 D cosponsors

S 678 — Economic Espionage Penalty Enhancement Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

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  1. ✓
    Introduced
  2. Died in session

This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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Read S 678 on the official United States source →

Action History

  1. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

  2. Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.

  3. Committee on the Judiciary. Ordered to be reported with an amendment favorably.

  4. Committee on the Judiciary. Hearings held.

  5. Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1985)

  6. Sponsor introductory remarks on measure. (CR S1985)

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does S 678 do?
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.
Who sponsors S 678?
S 678 is sponsored by Herb Kohl (D).
What is the current status of S 678?
This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 678?
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