Actor Atlas

Not later than 180 days after the date of the enactment of this Act, pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall—

• (1) review, and if appropriate, amend Federal Sentencing Guidelines and policy statements applicable to persons convicted of—
  • (A) intellectual property offenses;
  • (B) an offense under section 2320(a) of title 18, United States Code; or
  • (C) an offense under section 1831 of title 18, United States Code;
• (2) in carrying out such review, consider amending such Guidelines and policy statements to—
  • (A) apply an appropriate offense level enhancement for intellectual property offenses committed in connection with an organized criminal enterprise;
  • (B) apply an appropriate offense level enhancement to the simple misappropriation of a trade secret;
  • (C) apply an additional appropriate offense level enhancement if the defendant transmits or attempts to transmit the stolen trade secret outside of the United States and an additional appropriate enhancement if the defendant instead commits economic espionage;
  • (D) provide that when a defendant transmits trade secrets outside of the United States or commits economic espionage, that the defendant should face a minimum offense level;
  • (E) provide for an offense level enhancement for Guidelines relating to the theft of trade secrets and economic espionage, including trade secrets transferred or attempted to be transferred outside of the United States;
  • (F) apply an appropriate offense level enhancement and minimum offense level for offenses under section 2320(a) of title 18, United States Code, that involve a product intended for use in a military or national security application, or a law enforcement or critical infrastructure application;
  • (G) ensure that the Guidelines and policy statements (including section 2B5.3 of the Federal Sentencing Guidelines (and any successor thereto)) reflect—
    • (i) the serious nature of the offenses described in section 2320(a) of title 18, United States Code;
    • (ii) the need for an effective deterrent and appropriate punishment to prevent offenses under section 2320(a) of title 18, United States Code; and
    • (iii) the effectiveness of incarceration in furthering the objectives described in clauses (i) and (ii); and
  • (H) ensure reasonable consistency with other relevant directives and Guidelines and Federal statutes;

• (3) submit to Congress a report detailing the Commission’s actions with respect to each potential amendment described in paragraph (2);

• (4) make such conforming amendments to the Federal Sentencing Guidelines as the Commission determines necessary to achieve consistency with other Guideline provisions and applicable law; and

• (5) promulgate the Guidelines, policy statements, or amendments provided for in this section as soon as practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired.