S.Amdt. 729

1. Adds SEC. ___. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS at the end of the bill

   Adds a section

   In S. 1619 · Placed on Calendar Senate

   The Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5301 et seq.) is repealed.

   Inserted: SEC. ___. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.

   Inserted: (a) In General.--Section 1836 of title 18, United States Code, is amended to read as follows:

   Inserted: "Sec. 1836. Civil proceedings

   Inserted: "(a) By Attorney General.--

   Inserted: "(1) In general.--The Attorney General may bring a civil action to obtain relief described in paragraph (2) for any violation of this chapter.

   Inserted: "(2) Relief.--Relief described in this paragraph is--

   Inserted: "(A) appropriate injunctive relief against any violation of this chapter, including the actual or threatened misappropriation of trade secrets;

   Inserted: "(B) if determined appropriate by the court, an order requiring affirmative actions to be taken to protect a trade secret; and

   Inserted: "(C) if the court determines that it would be unreasonable to prohibit use of a trade secret, an order requiring payment of a reasonable royalty for any use of the trade secret.

   Inserted: "(b) Private Civil Actions.--

   Inserted: "(1) In general.--Any person aggrieved by a violation of section 1832(a) may bring a civil action under this subsection.

   Inserted: "(2) Pleadings.--A complaint filed in a civil action brought under this subsection shall--

   Show 22 more inserted paragraphsShow less

   Inserted: "(A) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute; and

   Inserted: "(B) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country.

   Inserted: "(3) Civil ex parte seizure order.--

   Inserted: "(A) In general.--In a civil action brought under this subsection, the court may, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, issue an order providing for--

   Inserted: "(i) the seizure of any property (including computers) used or intended to be used, in any manner or part, to commit or facilitate the commission of the violation alleged in the civil action; and

   Inserted: "(ii) the preservation of evidence in the civil action.

   Inserted: "(B) Scope of orders.--An order issued under subparagraph (A) shall--

   Inserted: "(i) authorize the retention of the seized property for a reasonably limited period, not to exceed 72 hours under the initial order, which may be extended by the court after notice to the affected party and an opportunity to be heard;

   Inserted: "(ii) require that any copies of seized property made by the requesting party be made at the expense of the requesting party; and

   Inserted: "(iii) require the requesting party to return the seized property to the party from which the property were seized at the end of the period authorized under clause (i), including any extension.

   Inserted: "(4) Remedies.--In a civil action brought under this subsection, a court may--

   Inserted: "(A) order relief described in subsection (a)(2);

   Inserted: "(B) award--

   Inserted: "(i) damages for actual loss caused by the misappropriation of a trade secret; and

   Inserted: "(ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss;

   Inserted: "(C) if the trade secret is willfully or maliciously misappropriated, award exemplary damages in an amount not more than the amount of the damages awarded under subparagraph (B); and

   Inserted: "(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party.

   Inserted: "(c) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section.

   Inserted: "(d) Period of Limitations.--A civil action under this section may not be commenced later than 3 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.".

   Inserted: (b) Technical and Conforming Amendment.--The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following:

   Inserted: "1836. Civil proceedings.".

   Inserted: (c) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed