US Congressman Pat Harrigan from North Carolina, a member of the House Armed Services Committee and the Science, Space, and Technology Committee, has introduced new legislation calling for stricter imprisonment penalties for individuals engaged in espionage activities on behalf of America’s major adversaries, namely the CCP, Iran, North Korea, and Russia.
The proposed bill, named the “Foreign Adversary Federal Offense” (FAFO), designated as HR 4081, stipulates that the minimum sentence for espionage activities related to national defense is 15 years, while economic espionage carries a minimum sentence of 10 years, with no possibility of parole.
Companies or organizations found guilty of economic espionage could face a fine of $20 million or up to five times the value of the stolen trade secrets.
In a statement issued on June 24, Congressman Harrigan emphasized that the FAFO Act is a direct response to the escalating threats posed by foreign adversaries targeting the United States from within. He stated, “Anyone acting on behalf of the CCP, Russia, Iran, or North Korea to steal defense secrets or undermine our critical infrastructure is committing an act of betrayal against this country.”
Harrigan emphasized, “This legislation will ensure they face severe and uncompromising punishment. There will be no plea deals, no light sentences, and no parole. If you betray America, you face the harsh justice of the United States.”
According to the legislation, penalties will specifically target individuals who further the interests of “covered nations,” as defined by US laws restricting the Department of Defense from procuring sensitive materials from a range of countries, including the CCP, Russia, Iran, and North Korea.
Under the bill, those engaging in espionage activities that threaten or harm America’s critical infrastructure will face federal penalties.
Co-sponsors of the bill include Congressmen Brad Knott, James Baird, Addison McDowell, Michael Rulli, and Derek Schmidt, all Republicans from various states.
On June 24, Harrigan took to social media platform X to highlight several recent criminal cases and outline the harsher penalties defendants would face under his proposed legislation.
For instance, former US Navy officer Wenheng Zhao from Monterey Park, California, was sentenced to 27 months in prison and a $5,500 fine for conspiring with CCP intelligence personnel.
Another case involved Navy sailor Jinchao Wei on the USS Essex amphibious assault ship, indicted in August 2023 for plotting to send defense information to a CCP intelligence officer. Currently, Wei’s trial is ongoing.
Harrigan asserted that under his proposed legislation, Zhao and Wei would each face at least 15 years of imprisonment without parole.
He also referred to the case of Haitao Xiang, who was sentenced to 29 months in April 2022 for conspiring to conduct economic espionage, expressing Xiang would face “at least 10 years of imprisonment” under his bill.
Furthermore, former US Army intelligence officer Korbein Schultz, sentenced to 7 years in April this year, would face at least 15 years of imprisonment and possibly life in prison under Harrigan’s bill. Schultz pleaded guilty in August 2024 to selling US military intelligence to individuals believed to be linked to the CCP.
In another case, former Broadcom engineer Peter Kisang Kim stole trade secrets for high-capacity data center semiconductor chips and harbored them to a Chinese startup where he held a managerial role. Kim received an 8-month jail term in September 2022. Harrigan’s bill proposed Kim would face at least 10 years with no parole.
“For too long, our primary adversaries like the CCP, Russia, Iran, and North Korea have been stealing our secrets, weakening our industries, and threatening our security through espionage activities,” Harrigan wrote on another X post on June 24, emphasizing, “Now, that must end.”
“This is about putting America First in strength, innovation, and national security,” Harrigan added.