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)-- (1) by striking ``15 years'' and inserting ``20 years''; and (2) 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...