Sec. 401. Espionage, theft of trade secrets, theft of intellectual property, involvement in commercial fraud schemes, and improper interference in United States elections
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Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: The term espionage means conduct— in violation of— the Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known as the Espionage Act of 1917 ); chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); or any other Federal criminal law relating to an activity described in clause (ii); or by an alien who is under the direction of— a foreign government; or an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and with respect to confidential information, that constitutes— stealing or, without authorization, appropriating, taking, carrying away, concealing, or, by fraud, artifice, or deception, obtaining such information; without authorization, copying, duplicating, sketching, drawing, photographing, downloading, uploading, altering, destroying, photocopying, replicating, transmitting, delivering, sending, mailing, communicating, or conveying such information; or receiving, buying, or possessing such information, knowing that the information has been stolen or appropriated, obtained, or converted without authorization.
The term espionage includes economic espionage. The term improper interference in a United States election means conduct by an alien that— violates Federal criminal, voting rights, or campaign finance law; or is under the direction of— a foreign government; or an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and interferes with a general or primary Federal, State, or local election or caucus, including— the campaign of a candidate; and a ballot measure, including— an amendment; a bond issue; an initiative; a recall; a referral; and a referendum.
The term theft of a trade secret means conduct— in violation of— chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); or any other Federal criminal law relating to an activity described in subparagraph (B); or by an alien who is under the direction of— a foreign government; or an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and with respect to a trade secret relating to a product or service used or intended for use in interstate or foreign commerce, that constitutes— stealing or, without authorization, appropriating, taking, carrying away, concealing, or, by fraud, artifice, or deception, obtaining such trade secret for the economic benefit of any person other than the owner of the trade secret; without authorization, copying, duplicating, sketching, drawing, photographing, downloading, uploading, altering, destroying, photocopying, replicating, transmitting, delivering, sending, mailing, communicating, or conveying such trade secret; or receiving, buying, or possessing such trade secret, knowing that the trade secret has been stolen or appropriated, obtained, or converted without authorization. .
Section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ) is amended by adding at the end the following: An alien is inadmissible if a consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows, or has reasonable grounds to believe— the alien is seeking admission or sought admission to the United States to engage in espionage or theft of a trade secret; the alien has engaged or intends to engage in espionage or theft of a trade secret; or the affiliation or activities of the alien with, or the control of the alien by, an individual, an entity, or a funding mechanism known or reasonably believed to be engaged in, or to have the intention of engaging in, espionage or theft of a trade secret.
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, is seeking admission to the United States to engage in improper interference in a United States election, or who has engaged in improper interference in a United States election, is inadmissible. . Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following:
Any alien who has engaged, is engaged, or at any time after admission engages in espionage or theft of a trade secret is deportable. Any alien who has engaged, is engaged, or at any time after admission engages in improper interference in a United States election is deportable. .
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Sec. 401
Espionage, theft of trade secrets, theft of intellectual property, involvement in commercial fraud schemes, and improper interference in United States elections
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