II 

116TH CONGRESS 

2D SESSION S. 4370 

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 

JULY 30, 2020 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Theft of Intellec5 tual Property Act of 2020’’. 

6 SEC. 2. IMMIGRATION CONSEQUENCES OF TRADE SECRET 

7 THEFT AND ECONOMIC ESPIONAGE. 

8 (a) INADMISSIBILITY.—Section 212(a)(3) of the Im9 migration and Nationality Act (8 U.S.C. 1182(a)(3)) is 

10 amended— 


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1 (1) in subparagraph (A)(i)— 

2 (A) by striking ‘‘(I) to violate’’ and insert3 ing ‘‘that violates’’; and 

4 (B) by striking ‘‘or (II)’’ and all that fol5 lows and inserting a semicolon; and 

6 (2) by adding at the end the following: 

7 ‘‘(H) THEFT OF SENSITIVE INFORMATION

8 OR TRADE SECRETS.—Any alien who a consular 

9 officer, the Secretary of Homeland Security, the 

10 Secretary of State, or the Attorney General 

11 knows, or has reasonable grounds to believe— 

12 ‘‘(i) has engaged in, is engaging in, or 

13 is seeking admission to the United States 

14 to engage in any activity that— 

15 ‘‘(I) violates or evades any law 

16 prohibiting the export from the 

17 United States of goods, technology, or 

18 sensitive information; or 

19 ‘‘(II) violates any law of the 

20 United States relating to the theft or 

21 misappropriation of trade secrets or 

22 economic espionage; or 

23 ‘‘(ii) has been convicted of conspiracy 

24 related to an activity described in clause 

25 (i), 


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1 is inadmissible.’’. 

2 (b) DEPORTABILITY.—Section 237(a)(4) of the Im3 migration and Nationality Act (8 U.S.C. 1227(a)(4)) is 

4 amended— 

5 (1) in subparagraph (A)(i), by striking ‘‘or to 

6 violate or evade any law prohibiting the export from 

7 the United States of goods, technology, or sensitive 

8 information,’’ and inserting a semicolon; and 

9 (2) by adding at the end the following: 

10 ‘‘(G) THEFT OF SENSITIVE INFORMATION

11 OR TRADE SECRETS.—Any alien who— 

12 ‘‘(i) has engaged, is engaged, or at 

13 any time after admission engages in any 

14 activity that— 

15 ‘‘(I) violates or evades any law 

16 prohibiting the export from the 

17 United States of goods, technology, or 

18 sensitive information; or 

19 ‘‘(II) violates any law of the 

20 United States relating to the theft or 

21 misappropriation of trade secrets or 

22 economic espionage; or 

23 ‘‘(ii) has been convicted of conspiracy 

24 related to an activity described in clause 

25 (i), 


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1 is deportable.’’. 

2 SEC. 3. ANNUAL REPORT OF INADMISSIBLE AND DEPORT3 ABLE FOREIGN NATIONALS. 

4 Not later than 180 days after the date of the enact5 ment of this Act, and annually thereafter, the Secretary 

6 of Homeland Security, in cooperation with the Attorney 

7 General, shall submit a report to the Chair and Ranking 

8 Member of the Committee on the Judiciary of the Senate 

9 and of the Committee on the Judiciary of the House of 

10 Representatives that identifies— 

11 (1) the nationality and visa admission category 

12 of each of the foreign nationals who was determined, 

13 during the reporting period, to be inadmissible under 

14 section 212(a)(3)(H) of the Immigration and Na15 tionality Act, as added by section 2(a), or deportable 

16 pursuant to section 237(a)(4)(G) of such Act, as 

17 added by section 2(b); and 

18 (2) the research institutions, United States pri19 vate industries, United States Government agencies, 

20 and taxpayer-funded organizations with which such 

21 foreign nationals were associated. 

Æ 


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