Real bill currently in Congress  c/o  S/119/5024

Stop PRC Economic Espionage Act of 2026

Latest action (2026-07-16): Read twice and referred to the Committee on the Judiciary.

What should pass

“AI Consensus Solution”

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Economic Espionage Adversarial Entity Designation Act of 2025

To simplify the prosecution of economic espionage under 18 U.S.C. § 1831 by automatically treating any entity that is domiciled in a foreign adversary country as a 'foreign instrumentality' of that country, eliminating the need to prove a direct government connection in each case.

Bipartisan rationale: Democratic priorities: preserves due process by allowing a rebuttable presumption and judicial review of designations, preventing overbroad criminal liability. Requires annual reporting to Congress for transparency. Republican priorities: strengthens national security by making it easier to prosecute economic espionage from adversary countries without requiring direct proof of government control in every case; provides a clear statutory tool for prosecutors. The balance of a rebuttable presumption and designation authority satisfies both the rule-of-law concerns of Democrats and the enforcement needs of Republicans.

Funding: Existing Department of Justice appropriati Not required; implementation c Sunset 5y Oversight: House and Senate Committees on Enforcement: Criminal enforcement under existing

Vote-count path: ~260 House votes: 180 Democratic centrists + 80 Republicans from national security and oversight caucuses; ~63 Senate votes: 47 Democrats + 16 Republicans from the Judiciary and Foreign Relations committees.

→ Article I, Section 8, Clause 3 (Commerce Clause) → Article I, Section 8, Clause 18 (Necessary and Proper Clause) → Fifth Amendment (Due Process Clause) → Tenth Amendment (reserved powers)

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