Foreign Adversary Federal Offense Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4081 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4081

 To amend title 18, United States Code, to establish mandatory minimum 
 penalties for economic and defense espionage when committed on behalf 
                        of foreign adversaries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2025

  Mr. Harrigan (for himself, Mr. Knott, and Mr. Baird) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to establish mandatory minimum 
 penalties for economic and defense espionage when committed on behalf 
                        of foreign adversaries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Adversary Federal Offense 
Act of 2025''.

SEC. 2. ECONOMIC ESPIONAGE.

    Section 1831 of title 18, United States Code, is amended--
            (1) in subsection (a), in the matter following paragraph 
        (5), by striking ``except as provided in subsection (b),'' and 
        inserting ``except as provided in subsection (b) or (c),''; and
            (2) by adding at the end the following:
    ``(c) Special Penalties.--The following additional penalties shall 
apply in the case of an offense under subsection (a):
            ``(1) Whoever commits such an offense to advance the 
        interests of a covered nation (as such term is defined in 
        section 4872 of title 10) shall, except as otherwise provided 
        in paragraph (2), be--
                    ``(A) fined not more than $5,000,000 or imprisoned 
                not less than 10 years and not more than 15 years, or 
                both, and shall be ineligible for supervised release; 
                or
                    ``(B) if the offense resulted in severe harm to 
                economic or national security fined not more than 
                $5,000,000 or imprisoned not less than 10 years and not 
                more than 20 years, or both, and shall be ineligible 
                for supervised release.
            ``(2) In the case of an organization that commits such an 
        offense to advance the interests of a covered nation (as such 
        term is defined in section 4872 of title 10), such organization 
        shall be fined not more than the greater of $20,000,000 or 5 
        times the value of the stolen trade secret to the organization, 
        including expenses for research and design and other costs of 
        reproducing the trade secret that the organization has thereby 
        avoided.
    ``(d) Severe Harm to Economic or National Security.--For purposes 
of subsection (c), an offense will be considered to have resulted in 
severe harm to economic or national security if the offense was 
relating to the transmission of any nonpublic information relating to 
the security, design, operation, or vulnerability of critical 
infrastructure as defined in section 1016(e) of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 
U.S.C. 5195c(e)) and where such information, if acted upon, would pose 
a significant threat of the incapacitation or destruction of such 
infrastructure.''.

SEC. 3. GATHERING, TRANSMITTING OR LOSING DEFENSE INFORMATION.

    Section 793 of title 18, United States Code, is amended, in the 
matter following subsection (f), by inserting after ``imprisoned not 
more than ten years, or both'' the following: ``, except that, if the 
violation of any of the foregoing provisions of this section was 
committed to advance the interests of a covered nation (as such term is 
defined in section 4872 of title 10), then the offender shall be fined 
under this title or imprisoned not less than 15 years and not more than 
any term of years or for life, or both''.
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