1. Short title
This Act may be cited as the “Stop Theft of Intellectual Property Act of 2020”.
Stop Theft of Intellectual Property Act of 2020
A BILL
To designate any alien who is or has been engaged in economic espionage or the misappropriation of trade secrets inadmissible and deportable.
2. Immigration consequences of trade secret theft and economic espionage
Inadmissibility— Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended—
in subparagraph (A)(i)—
by striking “(I) to violate” and inserting “that violates”; and
by striking “or (II)” and all that follows and inserting a semicolon; and
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),”
Deportability— Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended—
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
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),”
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—
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
the research institutions, United States private industries, United States Government agencies, and taxpayer-funded organizations with which such foreign nationals were associated.