[Congressional Record (Bound Edition), Volume 158 (2012), Part 13]
[Senate]
[Page 17917]
[From the U.S. Government Publishing Office, www.gpo.gov]




     FOREIGN AND ECONOMIC ESPIONAGE PENALTY ENHANCEMENT ACT OF 2012

  Mr. MERKLEY. I ask unanimous consent that the Senate proceed to the 
consideration of Calendar No. 493, H.R. 6029.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 6029) to amend title 18, United States Code, 
     to provide for increased penalties for foreign and economic 
     espionage, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MERKLEY. I ask unanimous consent that a Kohl-Lee substitute 
amendment which is at the desk be agreed to; the bill, as amended, be 
read a third time and passed; the motions to reconsider be laid upon 
the table with no intervening action or debate; and that any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3406) was agreed to as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign and Economic 
     Espionage Penalty Enhancement Act of 2012''.

     SEC. 2. PROTECTING U.S. BUSINESSES FROM FOREIGN ESPIONAGE.

       (a) For Offenses Committed by Individuals.--Section 1831(a) 
     of title 18, United States Code, is amended, in the matter 
     after paragraph (5), by striking ``not more than $500,000'' 
     and inserting ``not more than $5,000,000''.
       (b) For Offenses Committed by Organizations.--Section 
     1831(b) of such title is amended by striking ``not more than 
     $10,000,000'' and inserting ``not more than the greater of 
     $10,000,000 or 3 times the value of the stolen trade secret 
     to the organization, including expenses for research and 
     design and other costs of reproducing the trade secret that 
     the organization has thereby avoided''.

     SEC. 3. REVIEW BY THE UNITED STATES SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal sentencing guidelines and policy statements 
     applicable to persons convicted of offenses relating to the 
     transmission or attempted transmission of a stolen trade 
     secret outside of the United States or economic espionage, in 
     order to reflect the intent of Congress that penalties for 
     such offenses under the Federal sentencing guidelines and 
     policy statements appropriately, reflect the seriousness of 
     these offenses, account for the potential and actual harm 
     caused by these offenses, and provide adequate deterrence 
     against such offenses.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) consider the extent to which the Federal sentencing 
     guidelines and policy statements appropriately account for 
     the simple misappropriation of a trade secret, including the 
     sufficiency of the existing enhancement for these offenses to 
     address the seriousness of this conduct;
       (2) consider whether additional enhancements in the Federal 
     sentencing guidelines and policy statements are appropriate 
     to account for--
       (A) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States; and
       (B) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States that is committed 
     or attempted to be committed for the benefit of a foreign 
     government, foreign instrumentality, or foreign agent;
       (3) ensure the Federal sentencing guidelines and policy 
     statements reflect the seriousness of these offenses and the 
     need to deter such conduct;
       (4) ensure reasonable consistency with other relevant 
     directives, Federal sentencing guidelines and policy 
     statements, and related Federal statutes;
       (5) make any necessary conforming changes to the Federal 
     sentencing guidelines and policy statements; and
       (6) ensure that the Federal sentencing guidelines 
     adequately meet the purposes of sentencing as set forth in 
     section 3553(a)(2) of title 18, United States Code.
       (c) Consultation.--In carrying out the review required 
     under this section, the Commission shall consult with 
     individuals or groups representing law enforcement, owners of 
     trade secrets, victims of economic espionage offenses, the 
     United States Department of Justice, the United States 
     Department of Homeland Security, the United States Department 
     of State and the Office of the United States Trade 
     Representative.
       (d) Review.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall complete its 
     consideration and review under this section.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 6029), as amended, was read the third time and passed.

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