Letter from Attorney General to Senator Hatch
Prior Approval Requirement for Economic Espionage Prosecutions
October 1, 1996
Dear Chairman Hatch:
Thank you for your support of the Economic Espionage Act of 1996
("Act"). The need for this law cannot be understated as it will close
significant gaps in federal law, thereby protecting proprietary economic
information and the health and competitiveness of the American economy.
The Department shares your concerns that the legislation be
in accordance with the intent of Congress and therefore will require, for a
period of five years after implementation of the Act, that the United States
not file a charge under Chapter 90, or use a violation of Chapter 90 as a
predicate offense under any other law, without the personal approval of the
Attorney General, the Deputy Attorney General, or the Assistant Attorney
for the Criminal Division (or the Acting official in each of these positions
a position is filled by an acting official). This requirement will be
implemented by published regulation.
Violations of such regulations will be appropriately sanctionable.
such violations will be reported by the Attorney General to the Senate and
Once again, thank you for your leadership in this critical area.
[cited in Criminal Resource Manual 1122; USAM 9-59.100]