[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-269
112th Congress

An Act


 
To amend title 18, United States Code, to provide for increased
penalties for foreign and economic espionage, and for other
purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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;

[[Page 2443]]

(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.

Approved January 14, 2013.

LEGISLATIVE HISTORY--H.R. 6029:
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HOUSE REPORTS: No. 112-610 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 158 (2012):
July 31, Aug. 1, considered and
passed House.
Dec. 19, considered and passed
Senate, amended.
Dec. 30, House considered concurring
in Senate amendment.
Vol. 158 (2013):
Jan. 1, House concurred in Senate
amendment.