[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1409 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1409
To designate any alien who is or has been engaged in economic espionage
or the misappropriation of trade secrets inadmissible and deportable.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2021
Mr. Grassley (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To designate any alien who is or has been engaged in economic espionage
or the misappropriation of trade secrets inadmissible and deportable.
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 ``Stop Theft of Intellectual Property
Act of 2021''.
SEC. 2. IMMIGRATION CONSEQUENCES OF TRADE SECRET THEFT AND ECONOMIC
ESPIONAGE.
(a) Inadmissibility.--Section 212(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)) is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``(I) to violate'' and inserting
``that violates''; and
(B) by striking ``or (II)'' and all that follows
and inserting a semicolon; and
(2) by adding at the end the following:
``(H) Theft of sensitive information or trade
secrets.--Any alien who a consular officer, the
Secretary of Homeland Security, the Secretary of State,
or the Attorney General knows, or has reasonable
grounds to believe--
``(i) has engaged in, is engaging in, or is
seeking admission to the United States to
engage in any activity that--
``(I) violates or evades any law
prohibiting the export from the United
States of goods, technology, or
sensitive information; or
``(II) violates any law of the
United States relating to the theft or
misappropriation of trade secrets or
economic espionage; or
``(ii) has been convicted of conspiracy
related to an activity described in clause (i),
is inadmissible.''.
(b) Deportability.--Section 237(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``or to violate or
evade any law prohibiting the export from the United States of
goods, technology, or sensitive information,'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(G) Theft of sensitive information or trade
secrets.--Any alien who--
``(i) has engaged, is engaged, or at any
time after admission engages in any activity
that--
``(I) violates or evades any law
prohibiting the export from the United
States of goods, technology, or
sensitive information; or
``(II) violates any law of the
United States relating to the theft or
misappropriation of trade secrets or
economic espionage; or
``(ii) has been convicted of conspiracy
related to an activity described in clause (i),
is deportable.''.
SEC. 3. ANNUAL REPORT OF INADMISSIBLE AND DEPORTABLE FOREIGN NATIONALS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary of Homeland Security, in
cooperation with the Attorney General, shall submit a report to the
Chair and Ranking Member of the Committee on the Judiciary of the
Senate and of the Committee on the Judiciary of the House of
Representatives that identifies--
(1) the nationality and visa admission category of each of
the foreign nationals who was determined, during the reporting
period, to be inadmissible under section 212(a)(3)(H) of the
Immigration and Nationality Act, as added by section 2(a), or
deportable pursuant to section 237(a)(4)(G) of such Act, as
added by section 2(b); and
(2) the research institutions, United States private
industries, United States Government agencies, and taxpayer-
funded organizations with which such foreign nationals were
associated.
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