Foreign and Economic Espionage Penalty Enhancement Act of 2012
Latest action · Jan 14, 2013 Became Public Law No: 112-269.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJun 27, 2012
- Passed HouseAug 1, 2012
- Passed SenateDec 19, 2012
- To the PresidentJan 3, 2013
- Became lawJan 14, 2013Public Law 112-269
Summary
(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.
Cosponsors 11
Members who signed on, in the order they did. All signed on Jun 27, 2012.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Original | Jun 27, 2012 |
| R-VA | Bob Goodlatte | Original | Jun 27, 2012 |
| R-VA | Frank R. Wolf | Original | Jun 27, 2012 |
| R-NC | Howard Coble | Original | Jun 27, 2012 |
| D-CA | Howard L. Berman | Original | Jun 27, 2012 |
| R-UT | Jason Chaffetz | Original | Jun 27, 2012 |
| D-MI | John Conyers, Jr. | Original | Jun 27, 2012 |
| D-NC | Melvin L. Watt | Original | Jun 27, 2012 |
| R-OH | Steve Chabot | Original | Jun 27, 2012 |
| R-TX | Ted Poe | Original | Jun 27, 2012 |
| D-FL | Theodore E. Deutch | Original | Jun 27, 2012 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Jun 27, 2012Markup Jul 10, 2012Reported Jul 19, 2012 |
Actions 25
Everything that happened, newest first.
- Jan 14, 2013Signed by President.
- Jan 14, 2013Became Public Law No: 112-269.
- Jan 3, 2013Presented to President.
- Jan 1, 2013Resolving 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)
- Jan 1, 2013Motion to reconsider laid on the table Agreed to without objection.
In the Congressional Record 6
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H7453–H7455Amendments H7453 | Lamar Smith R-TX, Robert C. "Bobby" Scott D-VA | Dec 30, 2012 |
| Senate | Debate and remarks S8229Text printed S8229Amendments S8226, S8229 | Herb Kohl D-WI (amendment), Jeff Merkley D-OR, Mike Lee R-UT (amendment) | Dec 19, 2012 |
| House | Debate and remarks H5619 | — | Aug 1, 2012 |
| House | Debate and remarks H5506, H5507Text printed H5506 | Lamar Smith R-TX, Robert C. "Bobby" Scott D-VA | Jul 31, 2012 |
| House | Lists H4156H.R. 6029–6046 | — | Jun 27, 2012 |
| House | Debate and remarks H7559 | — | Jan 1, 2012 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Jul 17, 2012H.R. 6029, Foreign and Economic Espionage Penalty Enhancement Act of 2012As ordered reported by the House Committee on the Judiciary on July 10, 2012
Constitutional authority
The sponsor’s statement, as printed in the page H4156.
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| RL34109 | Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, Patents, and Trade Secrets Archived | Report | May 27, 2016 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 3406 | In the nature of a substitute. | Herb Kohl D-WI | Amendment SA 3406 agreed to in Senate by Unanimous Consent. |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 678 | Economic Espionage Penalty Enhancement Act | Related bill | Dec 8, 2011 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 18, United States Code, to provide for increased penalties for foreign and economic espionage, and for other purposes.
- Short Titles as Introduced
- Foreign and Economic Espionage Penalty Enhancement Act of 2012
- Short Titles as Reported to House
- Foreign and Economic Espionage Penalty Enhancement Act of 2012
- Short Titles as Passed House
- Foreign and Economic Espionage Penalty Enhancement Act of 2012
- Short Titles as Passed Senate
- Foreign and Economic Espionage Penalty Enhancement Act of 2012
- Short Titles as Enacted
- Foreign and Economic Espionage Penalty Enhancement Act of 2012
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
Text 6
Each version as it was printed, newest first.
- —Enrolled Bill
- Dec 19, 2012Engrossed Amendment Senate
- Aug 2, 2012Placed on Calendar Senate
- Aug 1, 2012Engrossed in House
- Jul 19, 2012Reported in House
- Jun 27, 2012Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
