Representative Pat Harrigan, in his first term, has put forth new legislation aimed at increasing penalties for individuals who clandestinely share sensitive information with foreign adversaries such as China, Iran, North Korea, and Russia.
The proposed law, known as the Foreign Enemy Attack (FAFO) Act, mandates a minimum prison sentence of 10 years and a fine of up to $5 million for those involved in economic espionage. If the espionage impacts critical infrastructure, the maximum penalty could be increased to 20 years.
“When people steal or compromise our critical infrastructure for countries like China, Russia, Iran, or North Korea, it’s a betrayal of our nation,” Harrigan (R-NC) stated. “This law ensures that they will face serious and unfortunate consequences. There’s no room for plea deals, no leniency, and no possibility for parole. If they betray America, they will face the full weight of American justice.”
Currently, individuals caught selling trade secrets overseas can face up to 15 years in prison, along with fines.
The FAFO Act also heightens penalties for espionage related to defense, establishing a minimum of 15 years without the option of parole. At present, those convicted of such crimes generally face up to 10 years of imprisonment.
Harrigan’s legislation includes specific stipulations regarding nations considered a threat, namely China, Iran, North Korea, and Russia. It aims to prevent these countries from acquiring sensitive information.
If businesses or organizations are found guilty of economic espionage, they could incur fines of $20 million or five times the value of the stolen trade secrets.
“My FAFO Act is a direct response to the increasing threat from foreign adversaries targeting America from within,” Harrigan emphasized.
His office highlighted a recent arrest involving individuals suspected of espionage activities. For instance, last month, Nathan Laatsch, an IT specialist at the Defense Intelligence Agency, was detained on suspicion of attempting to send classified defense information to a “friendly” foreign entity. The specifics of the case, however, remain somewhat unclear.
Harrigan, a former Army Special Forces officer, was elected to the House last year and serves on the House Committee on Armed Services, focusing on pressing national security matters.
