Penalties would be imposed if defense or economic espionage is committed by Americans to benefit China, Russia, Iran or North Korea under legislation filed Monday in the U.S. House of Representatives by a North Carolina congressman.
The Foreign Adversary Federal Offense Act, known also as the FAFO Act and House Resolution 4081, targets betrayal of America, says first-term Republican Rep. Pat Harrigan.
“My FAFO Act is a direct response to the growing threat posed by foreign adversaries targeting the United States from within,” Harrigan said. “When individuals steal defense secrets or compromise our critical infrastructure on behalf of China, Russia, Iran, or North Korea, they are committing an act of betrayal against this country. This legislation ensures they face severe, unrelenting consequences. There will be no plea deals, no light sentences, and no path to parole. If you betray America, you will face the full weight of American justice.”
The penalties include a minimum 15-year sentence for defense espionage and a minimum 10 years in prison without parole for economic espionage. Corporations involved in economic espionage would be fined the greater amount of $20 million or five times the value of stolen trade secret.
Tougher penalties, Harrigan’s bill says, would be possible for threats or harms to critical infrastructure.
Harrigan, in social media posts Tuesday morning, named five cases that would be subject to his legislation.
Harrigan said Monica Witt is a former Air Force intelligence officer who has “defected to Iran and gave them classified programs and the identities of U.S. agents. She remains at large after helping Iran target her former colleagues.” He said she would get life in prison with no chance of parole under the FAFO Act.
Harrigan said Korbein Schultz is a former Army analyst who “sold missile defense data, satellite intel, and deployment plans to someone tied to the Chinese government. He was paid $42,000 and sentenced to 84 months.” The congressman said 15 years to life in prison would be his sentence if convicted.
Harrigan said Jinchao Wei and Wenheng Zhao are “two U.S. Navy sailors” that “gave Chinese intelligence ship blueprints, weapons systems, and troop movements. They were trusted with national security and sold it for cash.” They also, Harrigan said, would have a minimum of 15 years in prison without parole if convicted.
Harrigan said Kisang Kim is a “Broadcom engineer” who “stole more than 500 chip design files and took them to a Chinese tech startup. He admitted he did it to help China compete with the United States. Under my FAFO Act, he would face a mandatory minimum sentence of 10 years with no parole.”
And Harrigan pointed out Haitao Xiang. He said he’s a “Monsanto employee” who “stole agricultural technology and offered it to the Chinese government through a state-run science institute. He was arrested at the airport with the stolen data on a Micro SD card.” If convicted, Xiang would also face 10 years in prison with no parole, Harrigan said.
