II 115th CONGRESS 2d Session S. 3743 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.

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 . 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. .