Stop Theft of Intellectual Property Act of 2021
Bill: S.1409 | Sponsor: Sen. Grassley, Chuck (R-IA)
Policy area: Immigration

Summary:
Stop Theft of Intellectual Property Act of 2021
This bill makes the misappropriation of trade secrets a ground for deporting or barring an alien from entry into the United States.
Specifically, an alien may be denied entry into the United States if there are reasonable grounds to believe that the alien has violated, is violating, or is seeking entry to violate any U.S. law relating to the misappropriation of trade secrets or economic espionage.
Similarly, an alien may be deported if the alien has violated, is violating, or after admission into the United States violates any U.S. law relating to the misappropriation of trade secrets or economic espionage.

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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