DEFEND Act

II 116TH CONGRESS 1ST SESSION S. 1865 To amend title 18, United States Code, to make certain changes with respect to bringing a civil action for the misappropriation of a trade secret, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Ms. HARRIS introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to make certain changes with respect to bringing a civil action for the misappropriation of a trade secret, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Deterring Espionage 4 by Foreign Entities through National Defense Act of 5 2019’’ or the ‘‘DEFEND Act’’. 6 VerDate Sep 11 2014 23:48 Jun 15, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1865.IS S1865 pbinns on DSK79D2C42PROD with BILLS 2 •S 1865 IS SEC. 2. PROTECTION OF TRADE SECRETS. 1 Chapter 90 of title 18, United States Code, is amend- 2 ed— 3 (1) in section 1836— 4 (A) in subsection (b)(3)(C), by striking ‘‘2 5 times’’ and inserting ‘‘3 times’’; and 6 (B) in subsection (d), in the first sentence, 7 by striking ‘‘3 years’’ and inserting ‘‘5 years’’; 8 and 9 (2) in section 1837— 10 (A) in paragraph (1), by striking ‘‘or’’ at 11 the end; 12 (B) in paragraph (2), by striking the pe- 13 riod at the end and inserting ‘‘; or’’; and 14 (C) by adding at the end the following: 15 ‘‘(3) the offense causes substantial economic 16 harm in the United States.’’. 17 Æ VerDate Sep 11 2014 23:48 Jun 15, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S1865.IS S1865 pbinns on DSK79D2C42PROD with BILLS