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Summary (6)

There are 6 summaries for S.1890. View summaries

Shown Here:
Public Law No: 114-153 (05/11/2016)

(This measure has not been amended since it was reported to the Senate on January 28, 2016. The summary of that version is repeated here.)

Defend Trade Secrets Act of 2016

(Sec. 2) This bill amends the federal criminal code to create a private civil cause of action for trade secret misappropriation.

A trade secret owner may file a civil action in a U.S. district court seeking relief for trade secret misappropriation related to a product or service in interstate or foreign commerce. The bill establishes remedies including injunctive relief, compensatory damages, and attorney's fees. It sets a three-year statute of limitation from the date of discovery of the misappropriation.

A trade secret owner may apply for and a court may grant, in extraordinary circumstances, an ex parte seizure order to prevent dissemination of a trade secret if the court makes specific findings, including that: (1) a temporary restraining order or another form of equitable relief is inadequate, (2) an immediate and irreparable injury will occur if seizure is not ordered, and (3) the person against whom seizure would be ordered has actual possession of the trade secret and any property to be seized.

A court must take custody of and secure seized materials and hold a seizure hearing within seven days. An interested party may file a motion to encrypt seized material.

A party harmed by a wrongful or excessive seizure may move to dissolve or modify the order and may also seek relief against the applicant of the seizure order.

(Sec. 3) The bill increases the maximum penalty for trade secret theft (currently $5 million) to the greater of $5 million or three times the value of the stolen trade secret.

A court may not authorize or require the disclosure of information that an owner asserts to be a trade secret unless the court allows the owner to submit under seal a description of the interest in keeping the information confidential. Additionally, disclosure of information related to a trade secret in connection with a prosecution does not constitute a waiver of trade secret protection unless an owner expressly consents to such waiver.

It adds economic espionage and trade secret theft to the list of predicate offenses that constitute racketeering activity. 

(Sec. 4) The Department of Justice must submit to Congress and publish a biannual report on trade secret theft outside the United States.

(Sec. 5) The bill expresses the sense of Congress that: (1) trade secret theft occurs in the United States and around the world, (2) trade secret theft harms owner companies and their employees, (3) the Economic Espionage Act of 1996 applies broadly to protect trade secrets from theft; and (4) it is important, when seizing information, to balance the need to address misappropriation with the needs of third parties and the accused party.

(Sec. 6) The Federal Judicial Center must develop, update, and submit to Congress best practices for seizing information and securing seized information.

(Sec. 7) The bill provides immunity from civil and criminal liability for an individual who discloses a trade secret: (1) to a government official or attorney in confidence to report or investigate a violation of law, or (2) in a legal complaint or filing under seal.


Actions Overview (9)

Date
05/11/2016 Became Public Law No: 114-153. (TXT | PDF)
05/11/2016 Signed by President.
04/29/2016 Presented to President.
04/27/2016 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 410 - 2 (Roll no. 172).(text: CR H2028)
04/26/2016 Reported by the Committee on Judiciary. H. Rept. 114-529.
04/04/2016 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 87 - 0. Record Vote Number: 39.
03/07/2016 By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-220.
01/28/2016 Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
07/29/2015 Introduced in Senate

All Actions (28)

Date Chamber
05/11/2016 Became Public Law No: 114-153. (TXT | PDF)
05/11/2016 Signed by President.
04/29/2016 Senate Presented to President.
04/27/2016-5:35pm House Motion to reconsider laid on the table Agreed to without objection.
04/27/2016-5:35pm House On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 410 - 2 (Roll no. 172). (text: CR H2028)
04/27/2016-5:30pm House Considered as unfinished business. (consideration: CR H2046-2047)
04/27/2016-3:09pm House At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
04/27/2016-2:47pm House DEBATE - The House proceeded with forty minutes of debate on S. 1890.
04/27/2016-2:47pm House Considered under suspension of the rules. (consideration: CR H2028-2034)
04/27/2016-2:47pm House Mr. Goodlatte moved to suspend the rules and pass the bill.
04/26/2016 House Placed on the Union Calendar, Calendar No. 409.
04/26/2016 House Reported by the Committee on Judiciary. H. Rept. 114-529.
Action By: House Judiciary
04/20/2016 House Ordered to be Reported by Voice Vote.
Action By: House Judiciary
04/20/2016 House Committee Consideration and Mark-up Session Held. Markup report CQ
Action By: House Judiciary
04/18/2016 House Subcommittee on Courts, Intellectual Property, and the Internet Discharged.
Action By: House Judiciary
04/11/2016 House Referred to the House Committee on the Judiciary.
04/11/2016 House Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Action By: House Judiciary
04/11/2016-3:34pm House Received in the House.
04/05/2016 Senate Message on Senate action sent to the House.
04/04/2016 Senate Passed Senate with an amendment by Yea-Nay Vote. 87 - 0. Record Vote Number: 39.
04/04/2016 Senate The committee substitute agreed to by Unanimous Consent. (text of committee substitute as amended: CR S1631-1634)
04/04/2016 Senate Measure laid before Senate by unanimous consent. (consideration: CR S1631-1636)
03/07/2016 Senate By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-220.
01/28/2016 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 355.
01/28/2016 Senate Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Action By: Senate Judiciary
01/28/2016 Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Markup report CQ
Action By: Senate Judiciary
12/02/2015 Senate Committee on the Judiciary. Hearings held.
Action By: Senate Judiciary
07/29/2015 Senate Read twice and referred to the Committee on the Judiciary.

Titles (7)

Short Titles:

Short Titles as Enacted:

Defend Trade Secrets Act of 2016

Short Titles - House of Representatives

Short Titles as Passed House:

Defend Trade Secrets Act of 2016

Short Titles as Reported to House:

Defend Trade Secrets Act of 2016

Short Titles - Senate

Short Titles as Passed Senate:

Defend Trade Secrets Act of 2016

Short Titles as Reported to Senate:

Defend Trade Secrets Act of 2016

Short Titles as Introduced:

Defend Trade Secrets Act of 2015

Official Titles:

Official Titles - Senate

Official Titles as Introduced:

A bill to amend chapter 90 of title 18, United States Code, to provide Federal jurisdiction for the theft of trade secrets, and for other purposes.


Subjects (14)

  • Business ethics
  • Business records
  • Civil actions and liability
  • Competitiveness, trade promotion, trade deficits
  • Congressional oversight
  • Crimes against property
  • Criminal investigation, prosecution, interrogation
  • Evidence and witnesses
  • Fraud offenses and financial crimes
  • Jurisdiction and venue
  • Product development and innovation
  • Trade agreements and negotiations
  • Trade secrets and economic espionage

Cosponsors (65)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Coons, Christopher A. [D-DE]* 07/29/2015
Sen. Flake, Jeff [R-AZ]* 07/29/2015
Sen. Durbin, Richard J. [D-IL]* 07/29/2015
Sen. Tillis, Thom [R-NC]* 07/29/2015
Sen. Baldwin, Tammy [D-WI]* 07/29/2015
Sen. Blumenthal, Richard [D-CT] 09/17/2015
Sen. Risch, James E. [R-ID] 10/08/2015
Sen. Crapo, Mike [R-ID] 10/08/2015
Sen. Blunt, Roy [R-MO] 10/08/2015
Sen. Ayotte, Kelly [R-NH] 10/28/2015
Sen. Kirk, Mark Steven [R-IL] 11/04/2015
Sen. Klobuchar, Amy [D-MN] 11/17/2015
Sen. Perdue, David [R-GA] 11/19/2015
Sen. Sessions, Jeff [R-AL] 11/19/2015
Sen. Murphy, Christopher [D-CT] 12/02/2015
Sen. McCaskill, Claire [D-MO] 12/07/2015
Sen. Franken, Al [D-MN] 12/08/2015
Sen. King, Angus S., Jr. [I-ME] 12/09/2015
Sen. Wicker, Roger F. [R-MS] 12/10/2015
Sen. Collins, Susan M. [R-ME] 12/10/2015
Sen. Fischer, Deb [R-NE] 12/18/2015
Sen. Heller, Dean [R-NV] 12/18/2015
Sen. Hirono, Mazie K. [D-HI] 01/11/2016
Sen. Feinstein, Dianne [D-CA] 01/19/2016
Sen. Whitehouse, Sheldon [D-RI] 01/20/2016
Sen. Graham, Lindsey [R-SC] 01/20/2016
Sen. Manchin, Joe, III [D-WV] 01/27/2016
Sen. Cassidy, Bill [R-LA] 02/01/2016
Sen. Boozman, John [R-AR] 02/03/2016
Sen. Schatz, Brian [D-HI] 02/03/2016
Sen. Enzi, Michael B. [R-WY] 02/04/2016
Sen. Daines, Steve [R-MT] 02/09/2016
Sen. Roberts, Pat [R-KS] 02/09/2016
Sen. Carper, Thomas R. [D-DE] 02/10/2016
Sen. Cochran, Thad [R-MS] 02/10/2016
Sen. Lankford, James [R-OK] 02/10/2016
Sen. Udall, Tom [D-NM] 02/11/2016
Sen. Ernst, Joni [R-IA] 02/11/2016
Sen. Toomey, Pat [R-PA] 02/11/2016
Sen. Isakson, Johnny [R-GA] 02/11/2016
Sen. McCain, John [R-AZ] 02/11/2016
Sen. Bennet, Michael F. [D-CO] 02/22/2016
Sen. Boxer, Barbara [D-CA] 02/22/2016
Sen. Donnelly, Joe [D-IN] 02/22/2016
Sen. Portman, Rob [R-OH] 02/23/2016
Sen. Inhofe, James M. [R-OK] 02/24/2016
Sen. Burr, Richard [R-NC] 02/25/2016
Sen. Alexander, Lamar [R-TN] 02/25/2016
Sen. Kaine, Tim [D-VA] 02/25/2016
Sen. Capito, Shelley Moore [R-WV] 02/29/2016
Sen. Shaheen, Jeanne [D-NH] 03/03/2016
Sen. Sullivan, Dan [R-AK] 03/07/2016
Sen. Moran, Jerry [R-KS] 03/08/2016
Sen. Booker, Cory A. [D-NJ] 03/08/2016
Sen. Warner, Mark R. [D-VA] 03/09/2016
Sen. Leahy, Patrick J. [D-VT] 03/09/2016
Sen. Grassley, Chuck [R-IA] 03/09/2016
Sen. Casey, Robert P., Jr. [D-PA] 03/10/2016
Sen. Peters, Gary C. [D-MI] 03/10/2016
Sen. Murray, Patty [D-WA] 03/14/2016
Sen. Stabenow, Debbie [D-MI] 03/14/2016
Sen. Gardner, Cory [R-CO] 03/15/2016
Sen. Coats, Daniel [R-IN] 03/15/2016
Sen. Vitter, David [R-LA] 03/17/2016
Sen. Nelson, Bill [D-FL] 04/04/2016

Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Judiciary07/29/2015 Referred to
12/02/2015 Hearings by
01/28/2016 Markup by
01/28/2016 Reported by S. Rept. 114-220
House Judiciary04/11/2016 Referred to
04/20/2016 Markup by
04/26/2016 Reported by H. Rept. 114-529
House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet04/11/2016 Referred to
04/18/2016 Discharged from

Related Bills (1)

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.