126 STAT. 2442 PUBLIC LAW 112–269—JAN. 14, 2013 

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; 

28 USC 994 note. 

Foreign and 

Economic 

Espionage 

Penalty 

Enhancement 

Act of 2012. 

18 USC 1 note. 

Jan. 14, 2013 

[H.R. 6029] 


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PUBLIC LAW 112–269—JAN. 14, 2013 126 STAT. 2443 

LEGISLATIVE HISTORY—H.R. 6029: 

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. 

Æ 

(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. 

Deadline. 


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