DEFEND Act

Deterring Espionage by Foreign Entities through National Defense Act of 2018 or the DEFEND Act

This bill makes changes to provisions governing federal civil claims for trade secret misappropriation.

Specifically, it does the following:

• increases punitive damages for a victim,
• extends the statute of limitations for filing a claim, and
• allows claims for conduct that occurs outside the United States if the offense causes substantial economic harm in the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3743 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3743

  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

                           December 12, 2018

  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 purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deterring Espionage by Foreign 
Entities through National Defense Act of 2018'' or the ``DEFEND Act''.

SEC. 2. PROTECTION OF TRADE SECRETS.

    Chapter 90 of title 18, United States Code, is amended--
            (1) in section 1836--
                    (A) in subsection (b)(3)(C), by striking ``2 
                times'' and inserting ``3 times''; and
                    (B) in subsection (d), in the first sentence, by 
                striking ``3 years'' and inserting ``5 years''; and
            (2) in section 1837--
                    (A) in paragraph (1), by striking ``or'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) the offense causes substantial economic harm in the 
        United States.''.
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