HR4081-119

2. Economic espionage Section 1831 of title 18, United States Code, is amended— in subsection (a), in the matter following paragraph (5), by striking except as provided in subsection (b), and inserting except as provided in subsection (b) or (c),; and by adding at the end the following: The following additional penalties shall apply in the case of an offense under subsection (a): Whoever commits such an offense to advance the interests of a covered nation (as such term is defined in section 4872 of title 10) shall, except as otherwise provided in paragraph (2), be— fined not more than $5,000,000 or imprisoned not less than 10 years and not more than 15 years, or both, and shall be ineligible for supervised release; or if the offense resulted in severe harm to economic or national security fined not more than $5,000,000 or imprisoned not less than 10 years and not more than 20 years, or both, and shall be ineligible for supervised release. In the case of an organization that commits such an offense to advance the interests of a covered nation (as such term is defined in section 4872 of title 10), such organization shall be fined not more than the greater of $20,000,000 or 5 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided. For purposes of subsection (c), an offense will be considered to have resulted in severe harm to economic or national security if the offense was relating to the transmission of any nonpublic information relating to the security, design, operation, or vulnerability of critical infrastructure as defined in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)) and where such information, if acted upon, would pose a significant threat of the incapacitation or destruction of such infrastructure. (c)Special penaltiesThe following additional penalties shall apply in the case of an offense under subsection (a): (1)Whoever commits such an offense to advance the interests of a covered nation (as such term is defined in section 4872 of title 10) shall, except as otherwise provided in paragraph (2), be— (A)fined not more than $5,000,000 or imprisoned not less than 10 years and not more than 15 years, or both, and shall be ineligible for supervised release; or (B)if the offense resulted in severe harm to economic or national security fined not more than $5,000,000 or imprisoned not less than 10 years and not more than 20 years, or both, and shall be ineligible for supervised release. (2)In the case of an organization that commits such an offense to advance the interests of a covered nation (as such term is defined in section 4872 of title 10), such organization shall be fined not more than the greater of $20,000,000 or 5 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided. (d)Severe harm to economic or national securityFor purposes of subsection (c), an offense will be considered to have resulted in severe harm to economic or national security if the offense was relating to the transmission of any nonpublic information relating to the security, design, operation, or vulnerability of critical infrastructure as defined in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)) and where such information, if acted upon, would pose a significant threat of the incapacitation or destruction of such infrastructure..