Foreign and Economic Espionage Penalty Enhancement Act of 2012

Bill: 112-hr-6029
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2012-06-27 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Criminal procedure and sentencing
Trade secrets and economic espionage
U.S. Sentencing Commission

Summary:
action_date: 2012-06-27
text: 
Foreign and Economic Espionage Penalty Enhancement Act of 2012 - Amends the federal criminal code to increase: (1) the term of imprisonment for economic espionage (i.e., stealing or obtaining, duplicating or conveying, or buying or possessing trade secrets without authorization, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent) from 15 years to 20 years; and (2) the maximum fine for such offenses committed by individuals (from $500,000 to $5 million) or by organizations (from $10 million to $10 million or 3 times the value of the stolen trade secret to the organization).
 
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements applicable to offenses relating to the 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 reflect the seriousness of, and potential and actual harm caused by, such offenses and provide adequate deterrence. Directs the Commission to: (1) consider the extent to which such guidelines and statements appropriately account for the simple misappropriation of a trade secret; (2) consider whether additional enhancements are appropriate to account for any transmission of a stolen trade secret outside of the United States and any such transmission that is committed for the benefit of a foreign government, instrumentality, or agent; and (3) ensure reasonable consistency with other relevant directives, guidelines and statements, and related federal statutes. 

action_date: 2012-08-01
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Foreign and Economic Espionage Penalty Enhancement Act of 2012 - Amends the federal criminal code to increase: (1) the term of imprisonment for economic espionage (i.e., stealing or obtaining, duplicating or conveying, or buying or possessing trade secrets without authorization, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent) from 15 years to 20 years; and (2) the maximum fine for such offenses committed by individuals (from $500,000 to $5 million) or by organizations (from $10 million to $10 million or 3 times the value of the stolen trade secret to the organization).
 
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements applicable to offenses relating to the 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 reflect the seriousness of, and potential and actual harm caused by, such offenses and provide adequate deterrence. Directs the Commission to: (1) consider the extent to which such guidelines and statements appropriately account for the simple misappropriation of a trade secret; (2) consider whether additional enhancements are appropriate to account for any transmission of a stolen trade secret outside of the United States and any such transmission that is committed for the benefit of a foreign government, instrumentality, or agent; and (3) ensure reasonable consistency with other relevant directives, guidelines and statements, and related federal statutes. 

action_date: 2012-12-19
text: 
Foreign and Economic Espionage Penalty Enhancement Act of 2012 - Amends the federal criminal code to increase the maximum fine for economic espionage (i.e., stealing or obtaining, duplicating or conveying, or buying or possessing trade secrets without authorization, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent) committed by individuals (from $500,000 to $5 million) or by organizations (from $10 million to $10 million or 3 times the value of the stolen trade secret to the organization).
 
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements applicable to offenses relating to the 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 reflect the seriousness of, and potential and actual harm caused by, such offenses and provide adequate deterrence. Directs the Commission to: (1) consider the extent to which such guidelines and statements appropriately account for the simple misappropriation of a trade secret; (2) consider whether additional enhancements are appropriate to account for any transmission of a stolen trade secret outside of the United States and any such transmission that is committed for the benefit of a foreign government, instrumentality, or agent; and (3) ensure reasonable consistency with other relevant directives, guidelines and statements, and related federal statutes. 

action_date: 2013-01-14
text: 

(This measure has not been amended since it was passed by the Senate on December 19, 2012. The summary of that version is repeated here.)

 
Foreign and Economic Espionage Penalty Enhancement Act of 2012 - Amends the federal criminal code to increase the maximum fine for economic espionage (i.e., stealing or obtaining, duplicating or conveying, or buying or possessing trade secrets without authorization, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent) committed by individuals (from $500,000 to $5 million) or by organizations (from $10 million to $10 million or 3 times the value of the stolen trade secret to the organization).
 
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements applicable to offenses relating to the 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 reflect the seriousness of, and potential and actual harm caused by, such offenses and provide adequate deterrence. Directs the Commission to: (1) consider the extent to which such guidelines and statements appropriately account for the simple misappropriation of a trade secret; (2) consider whether additional enhancements are appropriate to account for any transmission of a stolen trade secret outside of the United States and any such transmission that is committed for the benefit of a foreign government, instrumentality, or agent; and (3) ensure reasonable consistency with other relevant directives, guidelines and statements, and related federal statutes. 


Legislative actions:
action_date: 2013-01-14
text: Became Public Law No: 112-269.
action_date: 2013-01-14
text: Became Public Law No: 112-269.
action_date: 2013-01-14
text: Signed by President.
action_date: 2013-01-14
text: Signed by President.
action_date: 2013-01-03
text: Presented to President.
action_date: 2013-01-03
text: Presented to President.
action_date: 2013-01-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-01-01
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H7559; text as House agreed to Senate amendment: CR 12/30/2012 H7453-7454)
action_date: 2013-01-01
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H7559; text as House agreed to Senate amendment: CR 12/30/2012 H7453-7454)
action_date: 2012-12-30
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Scott (VA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.
action_date: 2012-12-30
text: DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 6029.
action_date: 2012-12-30
text: Mr. Smith (TX) moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H7453-7455)
action_date: 2012-12-20
text: Message on Senate action sent to the House.
action_date: 2012-12-19
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2012-12-19
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2012-12-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S8229-8230)
action_date: 2012-08-02
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 493.
action_date: 2012-08-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-08-01
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR 7/31/2012 H5506)
action_date: 2012-08-01
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR 7/31/2012 H5506)
action_date: 2012-08-01
text: Considered as unfinished business. (consideration: CR H5619)
action_date: 2012-07-31
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Scott (VA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2012-07-31
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6029.
action_date: 2012-07-31
text: Considered under suspension of the rules. (consideration: CR H5506-5507)
action_date: 2012-07-31
text: Mr. Smith (TX) moved to suspend the rules and pass the bill.
action_date: 2012-07-19
text: Placed on the Union Calendar, Calendar No. 443.
action_date: 2012-07-19
text: Reported by the Committee on Judiciary. H. Rept. 112-610.
action_date: 2012-07-19
text: Reported by the Committee on Judiciary. H. Rept. 112-610.
action_date: 2012-07-10
text: Ordered to be Reported by Voice Vote.
action_date: 2012-07-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-06-27
text: Referred to the House Committee on the Judiciary.
action_date: 2012-06-27
text: Introduced in House
action_date: 2012-06-27
text: Introduced in House

Enacted as: number: 112-269