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S 2227119th CongressIn Committee

SPIES Act

Introduced: Jul 9, 2025
Defense & National Security
Standard Summary
Comprehensive overview in 1-2 paragraphs

The SPIES Act would remove any time limit for prosecuting certain espionage-related offenses. Specifically, it adds a new provision (Sec. 3302) to 18 U.S.C. Chapter 213, allowing indictments or informations to be filed at any time for: (1) violations of 18 U.S.C. 951 (and conspiracies to violate 951), (2) violations of 18 U.S.C. 794 (and conspiracies to violate 794), and (3) violations of 18 U.S.C. 1425 when the offense was carried out to facilitate a violation of 951. The bill also makes minor clerical and conforming amendments, including updating the table of sections and removing a reference to 794 in a related internal security provision. In short, it eliminates the statute of limitations for these espionage-related offenses, meaning there would be no time cap on when prosecutors can bring charges for those crimes.

Key Points

  • 1Creates a new Sec. 3302 in Chapter 213 of title 18 to establish no-time-limit (no statute of limitations) for certain espionage offenses.
  • 2Indictments or informations may be filed at any time for:
  • 3- (1) violations of 18 U.S.C. 951 (acting as an agent of a foreign government) or conspiracies to violate 951.
  • 4- (2) violations of 18 U.S.C. 794 (gathering, transmitting, or losing national defense information) or conspiracies to violate 794.
  • 5- (3) violations of 18 U.S.C. 1425 (unlawful procurement of citizenship or naturalization) if done to facilitate a violation of 951.
  • 6Adds “conspiracy” language to include planned or coordinated actions toward these offenses.
  • 7Clerical amendment: updates the table of sections to include the new Sec. 3302.
  • 8Conforming amendment: revises language in the Internal Security Act of 1950 by removing reference to 794 (keeping 793).
  • 9Sponsor and status: Introduced in the Senate (S. 2227) on July 9, 2025 by Senator Cornyn (with Senators Rounds and Lankford), referred to the Judiciary Committee; status is “introduced.”

Impact Areas

Primary group/area affected- Federal prosecutors and the justice system, especially the national security/espionage docket, who would have no time limit to bring charges for these offenses.Secondary group/area affected- Individuals accused of espionage or related activities (including foreign agents, conspirators, and those involved in unlawful procurement of citizenship to aid espionage) and their defense attorneys.Additional impacts- Deterrence and accountability: could improve accountability for long-ago espionage activities; may deter future wrongdoing by removing the statute of limitations for these crimes.- Evidence and fairness considerations: raises questions about potential difficulties for defense due to delayed prosecutions, including issues with evidence preservation, witness memory, and recency of the alleged crimes.- Civil liberties and policy concerns: indefinite windows to prosecute espionage could invite debates about due process and the balance between security needs and individual rights.- Implementation and budget: would require courts and law enforcement to handle potentially long-delayed cases without new funding implications spelled out in the bill.
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