New Legislation Aims to Strengthen Penalties for Espionage

Freshman Congressmember Pat Harrigan has introduced a bill to impose harsher punishments on individuals caught spying for foreign adversaries such as China, Iran, North Korea, and Russia. The proposed Foreign Adversary Federal Offense (FAFO) Act mandates a minimum prison sentence of 10 years and fines of up to $5 million for economic espionage linked to these nations. If espionage impacts critical infrastructure, the maximum sentence increases to 20 years.

“When someone steals defense secrets or damages our vital systems for countries like China, Russia, Iran, or North Korea, it constitutes an act of betrayal,” Harrigan stated. The bill emphasizes strict consequences, promising no plea bargains, light sentences, or parole options for traitors, asserting, “If you betray America, you will face the full weight of justice.”

Currently, those caught selling trade secrets abroad face up to 15 years in prison and fines. The FAFO Act would elevate penalties for defense-related espionage to at least 15 years without parole, compared to the previous cap of 10 years. Penalties are specified for “covered nations,” including China, Iran, North Korea, and Russia, which are subject to restrictions from the Defense Department regarding sensitive material.

Under the new law, any organization convicted of economic espionage could be fined up to $20 million or five times the value of the stolen trade secret. Harrigan described the bill as a response to the increasing threat from foreign adversaries infiltrating U.S. interests from within.

The bill also addresses recent espionage cases, such as Nathan Laatsch, a Defense Intelligence Agency specialist who was detained last month for allegedly attempting to send classified defense information to a friendly nation. Harrigan’s background as a former Army Special Forces officer informs his focus on national security issues, including his role on the House Armed Services Committee.