Espionage Statutes Modernization Act of 2010 - Amends the federal criminal code to impose a fine and/or prison term of up to five years on a covered individual who intentionally discloses, delivers, communicates, or transmits classified information, without authorization, knowing or having reason to know that such action is a violation of the terms of the classified information nondisclosure agreement entered into by such individual. Defines "covered individual" as an officer, employee, contractor, or consultant of a federal agency who agrees to be legally bound by the terms of a classified information nondisclosure agreement. Exempts from such prohibition disclosures made in accordance with a federal whistleblower protection statute or regulation.
Directs the United States Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements applicable to a person convicted of an offense under this Act.