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Foreign and Economic Espionage Penalty Enhancement Act of 2012

Public Law 112-269 · H.R. 6029 · 112th Congress · began in the House

Signed by Barack Obama (D) on Jan 14, 2013 · Crime and Law Enforcement

Sponsor: Rep. Lamar Smith (R-TX-21)

Cosponsors (11): Rep. John Conyers,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • S. 678Related bill

    Economic Espionage Penalty Enhancement Act

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 26 actions.

  1. Jan 14, 2013Became lawBecame law · Became Public Law No: 112-269.
  2. Became lawBecame law · Signed by President.
  3. Jan 3, 2013FloorFloor · Presented to President.
  4. Jan 1, 2013Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  6. OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  7. Dec 30, 2012Resolving differencesResolving differences · 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.
  8. Resolving differencesResolving differences · Mr. Smith (TX) moved that the House suspend the rules and agree to the Senate amendment.
  9. FloorFloor · 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.
  10. Dec 20, 2012FloorFloor · Message on Senate action sent to the House.
  11. Dec 19, 2012FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  12. FloorFloor · Measure laid before Senate by unanimous consent.
  13. Aug 2, 2012CalendarCalendar · Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 493.
  14. Aug 1, 2012FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  15. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  16. FloorFloor · Considered as unfinished business.
  17. Jul 31, 2012FloorFloor · 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.
  18. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 6029.
  19. FloorFloor · Considered under suspension of the rules.
  20. FloorFloor · Mr. Smith (TX) moved to suspend the rules and pass the bill.
  21. Jul 19, 2012CalendarCalendar · Placed on the Union Calendar, Calendar No. 443.
  22. CommitteeCommittee · Reported by the Committee on Judiciary. H. Rept. 112-610.
  23. Jul 10, 2012CommitteeCommittee · Ordered to be Reported by Voice Vote.
  24. CommitteeCommittee · Committee Consideration and Mark-up Session Held.
  25. Jun 27, 2012CommitteeCommittee · Referred to the House Committee on the Judiciary.
  26. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 3406SenateSen. Herb KohlD-WI· offered Dec 19, 2012Agreed to

    In the nature of a substitute.

    Dec 19, 2012: Amendment SA 3406 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.