Foreign Adversary Federal Offense Act of 2025
Summary
The Foreign Adversary Federal Offense Act of 2025 aims to amend Title 18 of the United States Code to establish mandatory minimum penalties for economic and defense espionage committed on behalf of foreign adversaries. It increases penalties for individuals and organizations involved in such activities, particularly when they benefit a "covered nation." The bill defines "severe harm to economic or national security" in relation to critical infrastructure.
Expected Effects
The act will likely lead to stricter punishment for those convicted of economic and defense espionage, especially if they are found to be acting on behalf of foreign adversaries. This could deter such activities and better protect U.S. economic and national security interests. The increased penalties may also lead to more aggressive prosecution of espionage cases.
Potential Benefits
- Enhanced National Security: Deters espionage, protecting critical infrastructure.
- Economic Protection: Safeguards trade secrets and reduces economic harm.
- Increased Accountability: Holds individuals and organizations accountable for espionage activities.
- Deterrence: Discourages foreign adversaries from engaging in espionage.
- Strengthened Legal Framework: Provides clearer guidelines and penalties for espionage offenses.
Potential Disadvantages
- Potential for Over-Criminalization: Mandatory minimums may lead to disproportionate sentences.
- Increased Incarceration Costs: Longer sentences could strain the prison system.
- Risk of Targeting Minor Offenses: Broad definitions might capture unintentional or less severe actions.
- Possible International Tensions: Could strain relations with nations perceived as adversaries.
- Impact on Civil Liberties: Heightened scrutiny could infringe on individual freedoms.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Constitution's objective to "provide for the common defence" (Preamble). Congress has the power to define and punish offenses against the law of nations (Article I, Section 8). However, the mandatory minimum sentences could raise concerns about due process and the Eighth Amendment's prohibition of cruel and unusual punishment, depending on judicial interpretation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).