S. 3642: Theft of Trade Secrets Clarification Act of 2012

S. 3642

Theft of Trade Secrets Clarification Act of 2012

Sen. Patrick J. Leahy

December 18, 2012 (112th Congress, 2nd Session)

Staff Contact
Sarah Makin

Floor Situation

On Tuesday, December 18, 2012, the House is scheduled to consider S. 3642, under a suspension of the rules requiring a two-thirds majority vote for passage.  S. 3642 was introduced by Sen. Patrick Leahy (D-VT) on November 27, 2012, and was referred to the Committee on the Judiciary, which took no action on the bill.  The Senate approved S. 3642 on November 27, 2012, by unanimous consent. 

Bill Summary

S. 3642 would amend the Economic Espionage Act of 1996 to clarify that it was intended to protect trade secrets, such as proprietary source code, which are related to a product or service used in or intended for use in interstate or foreign commerce.  The bill would close a loophole that became apparent after a Second Circuit decision threw out the criminal conviction of a programmer who stole the source code of his employer to establish a competing firm.   


A CBO score of S. 3642 was not available as of press time.