Sec. 3. Trade secret theft enforcement
260 words·~1 min read·
/bill/114/s/1890/rh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 90 of title 18, United States Code, is amended— in section 1832(b), by striking $5,000,000 and inserting the greater of $5,000,000 or 3 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 ; and in section 1835— by striking In any prosecution and inserting the following: In any prosecution ; and by adding at the end the following:
The court may not authorize or direct the disclosure of any information the owner asserts to be a trade secret unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to such waiver. .
Section 1961(1) of title 18, United States Code, is amended by inserting sections 1831 and 1832 (relating to economic espionage and theft of trade secrets), before section 1951 .