Stop Theft of Intellectual Property Act of 2021

II 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 eco- nomic espionage or the misappropriation of trade secrets inadmissible and deportable. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Theft of Intellec- 4 tual Property Act of 2021’’. 5 SEC. 2. IMMIGRATION CONSEQUENCES OF TRADE SECRET 6 THEFT AND ECONOMIC ESPIONAGE. 7 (a) INADMISSIBILITY.—Section 212(a)(3) of the Im- 8 migration and Nationality Act (8 U.S.C. 1182(a)(3)) is 9 amended— 10 VerDate Sep 11 2014 03:03 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1409.IS S1409 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1409 IS (1) in subparagraph (A)(i)— 1 (A) by striking ‘‘(I) to violate’’ and insert- 2 ing ‘‘that violates’’; and 3 (B) by striking ‘‘or (II)’’ and all that fol- 4 lows and inserting a semicolon; and 5 (2) by adding at the end the following: 6 ‘‘(H) THEFT OF SENSITIVE INFORMATION 7 OR TRADE SECRETS.—Any alien who a consular 8 officer, the Secretary of Homeland Security, the 9 Secretary of State, or the Attorney General 10 knows, or has reasonable grounds to believe— 11 ‘‘(i) has engaged in, is engaging in, or 12 is seeking admission to the United States 13 to engage in any activity that— 14 ‘‘(I) violates or evades any law 15 prohibiting the export from the 16 United States of goods, technology, or 17 sensitive information; or 18 ‘‘(II) violates any law of the 19 United States relating to the theft or 20 misappropriation of trade secrets or 21 economic espionage; or 22 ‘‘(ii) has been convicted of conspiracy 23 related to an activity described in clause 24 (i), 25 VerDate Sep 11 2014 03:03 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1409.IS S1409 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1409 IS is inadmissible.’’. 1 (b) DEPORTABILITY.—Section 237(a)(4) of the Im- 2 migration and Nationality Act (8 U.S.C. 1227(a)(4)) is 3 amended— 4 (1) in subparagraph (A)(i), by striking ‘‘or to 5 violate or evade any law prohibiting the export from 6 the United States of goods, technology, or sensitive 7 information,’’ and inserting a semicolon; and 8 (2) by adding at the end the following: 9 ‘‘(G) THEFT OF SENSITIVE INFORMATION 10 OR TRADE SECRETS.—Any alien who— 11 ‘‘(i) has engaged, is engaged, or at 12 any time after admission engages in any 13 activity that— 14 ‘‘(I) violates or evades any law 15 prohibiting the export from the 16 United States of goods, technology, or 17 sensitive information; or 18 ‘‘(II) violates any law of the 19 United States relating to the theft or 20 misappropriation of trade secrets or 21 economic espionage; or 22 ‘‘(ii) has been convicted of conspiracy 23 related to an activity described in clause 24 (i), 25 VerDate Sep 11 2014 03:03 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1409.IS S1409 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1409 IS is deportable.’’. 1 SEC. 3. ANNUAL REPORT OF INADMISSIBLE AND DEPORT- 2 ABLE FOREIGN NATIONALS. 3 Not later than 180 days after the date of the enact- 4 ment of this Act, and annually thereafter, the Secretary 5 of Homeland Security, in cooperation with the Attorney 6 General, shall submit a report to the Chair and Ranking 7 Member of the Committee on the Judiciary of the Senate 8 and of the Committee on the Judiciary of the House of 9 Representatives that identifies— 10 (1) the nationality and visa admission category 11 of each of the foreign nationals who was determined, 12 during the reporting period, to be inadmissible under 13 section 212(a)(3)(H) of the Immigration and Na- 14 tionality Act, as added by section 2(a), or deportable 15 pursuant to section 237(a)(4)(G) of such Act, as 16 added by section 2(b); and 17 (2) the research institutions, United States pri- 18 vate industries, United States Government agencies, 19 and taxpayer-funded organizations with which such 20 foreign nationals were associated. 21 Æ VerDate Sep 11 2014 03:03 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1409.IS S1409 kjohnson on DSK79L0C42PROD with BILLS