Foreign and Economic Espionage Penalty Enhancement Act of 2012
PL 112-269 (H.R.6029), enacted 01/14/2013

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 guide-
lines 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 suffi-
ciency 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] 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 01032
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2443 
PUBLIC LAW 112–269—JAN. 14, 2013 
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. 
(2) consider whether additional enhancements in the Fed-
eral sentencing guidelines and policy statements are appro-
priate 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 direc-
tives, 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 ade-
quately 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, vic-
tims 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 enact-
ment of this Act, the Commission shall complete its consideration 
and review under this section. 
Approved January 14, 2013. 
Deadline. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 01033
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2