Transnational Repression Policy Act

Bill: 118-s-831
Sponsor: full_name: Sen. Merkley, Jeff [D-OR]
Introduced: 2023-03-16
Policy area: International Affairs
Latest action: action_date: 2023-03-16
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2023-03-16
action_desc: Introduced in Senate
text: <p><strong>Transnational Repression Policy Act</strong></p> <p>This bill seeks to reduce transnational repression (the actions of foreign governments to intimidate, silence, or harm members of diaspora and exile communities to prevent them from exercising their human rights). </p> <p>This bill requires the President to impose property- and visa-blocking sanctions on certain foreign persons (individuals and entities) that directly engage in transnational repression. </p> <p>This bill also requires the Department of State to develop a strategy to promote initiatives that (1) enhance international awareness of transnational repression; (2) address transnational repression, including by raising the costs of perpetrating repressive activities and by protecting targeted individuals and groups; and (3) conduct outreach to those targeted by foreign governments. </p> <p>Additionally, the State Department and the Department of Justice must provide training to certain individuals (e.g., relevant federal employees and law enforcement partners)&nbsp;on specified aspects of transnational repression. </p> <p>The bill also directs the intelligence community to prioritize, to the extent feasible,&nbsp;the identification of those perpetrating transnational repression against communities in the United States. </p>

tv_txt: II 118th CONGRESS 1st Session S. 831 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Merkley (for himself, Mr. Rubio , Mr. Cardin , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To address transnational repression by foreign governments against private individuals, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Transnational Repression Policy Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. Sec. 4. Amendments to annual country reports on human rights practices. Sec. 5. Interagency strategy to address transnational repression in United States and abroad. Sec. 6. Training. Sec. 7. Intelligence gathering. Sec. 8. Department of Homeland Security and Department of Justice initiatives to combat transnational repression in the United States. Sec. 9. Imposition of sanctions relating to transnational repression. 2. Findings Congress finds the following: (1) Transnational repression against individuals who live outside their countries of origin, prominent or vocal anti-regime figures, and persons who provide aid and support to dissidents— (A) is a human rights violation that seeks to stifle dissent and enhance control over exile, activist, emigrant, and diaspora communities; and (B) can take the form of— (i) extrajudicial killings; (ii) physical assaults and intimidation; (iii) unlawful detentions; (iv) unlawful renditions; (v) unlawful deportations; (vi) unexplained or enforced disappearances; (vii) physical or online surveillance or stalking; (viii) unwarranted passport cancellation or control over other identification documents; (ix) INTERPOL abuse; (x) intimidation by diplomatic personnel, government officials, or proxies; (xi) unlawful asset freezes; (xii) digital threats, such as cyberattacks, targeted surveillance and spyware, online harassment, and intimidation; (xiii) coercion by proxy, such as harassment of, or threats or harm to, family and associates of such private individuals who remain in the country of origin; and (xiv) slander and libel to discredit individuals. (2) Governments perpetrating transnational repression often pressure host countries, especially— (A) through threats to condition foreign assistance or other pressure campaigns on lawmakers in host countries, such as threats— (i) to withdraw foreign students from their universities; and (ii) to induce them to enact policies that repress emigrant and diaspora communities; and (B) by offering financial and material assistance to host countries to harass and intimidate emigrant and diaspora communities. (3) Transnational repression is a threat to individuals, democratic institutions, the exercise of rights and freedoms, and national security and sovereignty. (4) Authoritarian governments increasingly rely on transnational repression as their consolidation of control at home pushes dissidents abroad. (5) The spread of digital technologies provides new tools for censoring, surveilling, and targeting individuals deemed to be threats across international borders, especially dissidents pushed abroad who themselves rely on communications technology to amplify their messages, which can often lead to physical attacks and coercion by proxy. (6) Many acts of transnational repression are undertaken through cooperation of, or cooperation with, authorities in the host country, most notably by taking advantage of other States’ concerns about terrorism to accuse the targeted individual of terrorism or extremism. (7) Authoritarian actors routinely attempt to deter and silence the voices of dissident and exile communities at international fora, as documented by the United Nations Assistant Secretary-General for Human Rights in the Secretary-General’s annual report on reprisals to the United Nations Human Rights Council. (8) The principle of non-refoulement, which is explicitly included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984— (A) forms an essential protection under international law; and (B) prohibits countries from expelling or returning an individual to another country where the individual’s life or freedom would be threatened on account of the individual’s race, religion, nationality, membership in a particular social group, or political opinion, or due to substantial grounds for believing that the individual would be at risk of torture. 3. Statement of policy It is the policy of the United States— (1) to protect persons in the United States and United States persons outside of the United States from undue foreign harassment, intimidation, coercion, and surveillance in accordance with section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ); (2) to pursue criminal prosecutions, as appropriate, and carry out other steps, such as facilitating mutual legal assistance and other forms of international cooperation with like-minded partners, in accordance with United States law, to hold foreign governments and individuals accountable when they stalk, publish false narratives online with the intent to unlawfully intimidate, harass, coerce, or assault people in the United States or United States persons outside of the United States or collect information while acting as a foreign agent in the United States without notifying United States authorities; and (3) to prohibit the arrest or seizure of assets of any individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual because such notices do not meet the requirements of the Fourth Amendment to the Constitution of the United States. 4. Amendments to annual country reports on human rights practices Section 116 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n ) is amended by adding at the end the following: (h) Use of transnational repression The country reports required under subsection (d) shall, as applicable— (1) describe incidents in which a government has harassed, intimidated, or killed individuals outside of their internationally recognized borders and document patterns of such repression among repeat offenders; (2) identify the countries in which such repression occurs and the roles of the host government in enabling, preventing, mitigating, and responding to such acts; (3) describe the tactics used by the countries identified pursuant to paragraph (2), including the actions identified in section 2(1) and any new techniques observed; and (4) in the case of digital surveillance and harassment, specify the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the countries for such actions. . 5. Interagency strategy to address transnational repression in United States and abroad (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Federal departments and agencies, shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on the Judiciary of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that contains a United States strategy to promote initiatives that will— (1) enhance international awareness of transnational repression; (2) address transnational repression, including through raising the costs of such activities for perpetrating governments and protecting targeted individuals and groups; (3) conduct regular outreach (whether through government agencies or civil society organizations) with diaspora communities and other people who have been targeted by foreign governments regarding the transnational threats they face within the United States and around the world and the resources available to them without putting them at further risk; and (4) develop policy and programmatic-related responses based on input from the communities and people referred to in paragraph (3) and regularly seek and consider credible information obtained by nongovernmental organizations working on issues of transnational repression. (b) Matters To be included (1) Diplomacy The strategy required under subsection (a) shall include— (A) a plan developed in consultation with like-minded partner governments, civil society, the business community, and other entities for advancing and promoting— (i) the rule of law and human rights globally with respect to the use of surveillance technology and export licensing policy regarding such technology; and (ii) safeguards to prevent the access, use, and storage of personal digital data by governments and technology companies for the purposes of transnational repression; (B) public affairs, public diplomacy, and counter-messaging efforts, including through the use of the voice, vote, and influence of the United States at international bodies— (i) to promote awareness; (ii) to develop a common understanding; and (iii) to draw critical attention to and oppose acts of transnational repression; (C) a plan for establishing or strengthening regional and international coalitions— (i) to monitor cases of transnational repression, including reprisals when human rights defenders and other activists face reprisals for engaging at multilateral organizations, such as the United Nations; and (ii) to create or strengthen emergency alert mechanisms for key stakeholders within the international community that can engage in public or private diplomacy to address emergency cases of transnational repression, including cases involving individuals and their family members who are at serious risk of rendition, disappearance, unlawful deportation, refoulement, or other actions; (D) an analysis of the advantages and disadvantages of working with partners and allies to push for the establishment of a special rapporteur for transnational repression at the United Nations; and (E) a plan for engaging with diplomats and consular officials who abuse their positions by intimidating, threatening, attacking, or otherwise undermining the human rights and fundamental freedoms of exiles and members of diasporas in the United States. (2) Assistance programming The strategy required under subsection (a) shall include— (A) ways in which the United States Government has previously and will continue to provide support to civil society organizations in the United States and in countries in which transnational repression occurs— (i) to improve the documentation, investigation, and research of cases, trends, and tactics of transnational repression, including— (I) any potential for misusing security tools to target individual dissidents, activists, or journalists; and (II) ramifications of transnational repression in undermining United States policy or assistance efforts to promote internationally recognized human rights and democracy overseas; and (ii) to promote the transparency of the host country decision-making processes, including instances in which law enforcement actions against victims of transnational repression occurred because of INTERPOL red notices or extradition treaties; and (B) a description of new or existing emergency assistance mechanisms, including the Fundamental Freedoms Fund and the Lifeline Embattled CSO Assistance Fund, to aid at-risk groups, communities, and individuals, and victims of transnational repression in the United States and in countries in which transnational repression occurs to address— (i) physical security installation and support; (ii) operational support of organizations providing assistance to at-risk groups, communities, and individuals; (iii) psychosocial and psycho-emotional support; (iv) medical assistance, subject to the limitations of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ); (v) digital security installation and support; (vi) support and training beyond basic digital hygiene training, including emergency response to cyberattacks and enhanced capacity to deter surveillance and monitoring by malicious actors; (vii) relocation support; (viii) legal advice and assistance; and (ix) trainings to build on their existing capacities so they can continue their activism. (3) Law enforcement in the united states The strategy required under subsection (a) shall include— (A) the consideration of updates to United States law to directly address certain tactics of transnational repression, including— (i) the criminalization of the gathering of information about private individuals in diaspora and exile communities on behalf of a foreign power that is intending to harass, intimidate, or harm an individual in order to prevent their exercise of internationally recognized human rights; and (ii) the expansion of the definition of foreign agents under the Foreign Registrations Act of 1938 ( 22 U.S.C. 611 et seq. ) and section 951 of title 18, United States Code; (B) ways in which the Federal Bureau of Investigation coordinates with the Department of State, the Department of Homeland Security, United States intelligence agencies, and domestic law enforcement agencies in partner countries in responding to transnational repression; (C) full consideration of unintended negative impacts of such expanded legal authorities on the civil liberties of communities targeted by transnational repression, taking into account the views of such affected communities; (D) the development of specific outreach strategies to connect law enforcement, other agencies, and local municipal officials with targeted diaspora communities to ensure that individuals who are vulnerable to transnational repression are aware of the Federal and local resources available to them without putting them at further risk; and (E) examining and reviewing the steps taken to address the legality of foreign governments establishing overseas police stations to monitor members of the diaspora. (c) Additional matters To be included In addition to the matters set forth in subsection (b), the report required under subsection (a) shall include— (1) to the extent practicable, a list of— (A) the governments that perpetrate transnational repression most often and the host countries that such governments are targeting most often; (B) the host governments that cooperate most often with the governments on transnational repression actions referred to in subparagraph (A); (C) any individuals, whether United States citizens or foreign nationals, who are complicit in transnational repression as agents of a foreign government referred to in subparagraph (A) who are operating in the United States; (D) refugees, asylum seekers, and populations that are most vulnerable to transnational repression in the United States and, to the extent possible, in foreign countries; (E) entities that are exporting dual-use spyware technology to any of the governments referred to in subparagraph (A); (F) entities that are buying and selling personally identifiable information that can be used to track and surveil potential victims; and (G) entities that are exporting items on the Commerce Control List (as set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations) to any governments referred to in subparagraph (a) that can be misused for human rights abuses; (2) an assessment of how data that is purchased by governments most often perpetrating transnational repression is utilized; and (3) a description of any actions taken by the United States Government to address transnational repression under existing law, including— (A) section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ); (B) section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note); (C) the interim final rule issued by the Bureau of Industry and Security of the Department of Commerce relating to Information Security Controls: Cybersecurity Items (86 Fed. Reg. 58205; October 21, 2021; 87 Fed. Reg. 1670, effective March 7, 2022); (D) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ; 8 U.S.C. 1182 note); (E) prosecutions and the statutory authority authorizing such prosecutions; (F) establishing specific bureaucratic structures focused on transnational repression; (G) which agencies are conducting outreach to victims of transnational repression and the form of such outreach; (H) the challenges of intelligence agencies in identifying transnational repression threats and perpetrators; and (I) United States technology companies that knowingly or unknowingly employ, or provide access to information to, foreign intelligence officers. (d) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex, if necessary. (e) Updates The Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with annual updates of the strategy required under subsection (a). 6. Training (a) Department of State personnel (1) In general In order to provide United States diplomats and personnel stationed around the world with the level of understanding to recognize and combat transnational repression, the Secretary of State, in consultation with civil society and the business community, shall provide training to such members of the Foreign Service, including chiefs of mission, regarding transnational repression, including training on— (A) how to identify different tactics of transnational repression in physical and nonphysical forms; (B) which governments are known to employ transnational repression most frequently; (C) which governments are most likely to cooperate with governments on transnational repression-related actions referred to in subparagraph (B); and (D) tools of digital surveillance and other cyber tools used to carry out transnational repression activities. (2) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, to develop and implement the curriculum described in paragraph (1). (b) United States officials responsible for domestic threats of transnational repression (1) In general In order to achieve an adequate level of understanding to recognize and combat transnational repression, the Attorney General, in consultation with the Secretary of Homeland Security, the Director of National Intelligence, civil society, and the business community, shall provide the training recipients referred to in paragraph (2) with training regarding transnational repression, including training on— (A) how to identify different tactics of transnational repression in physical and nonphysical forms; (B) which governments are known to employ transnational repression most frequently; (C) which communities and locations in the United States are most vulnerable to transnational repression; (D) tools of digital surveillance and other cyber tools used to carry out transnational repression activities; (E) espionage and foreign agent laws; and (F) how foreign governments may try to coopt the immigration system. (2) Training recipients The training recipients referred to in this paragraph include, to the extent deemed appropriate and necessary by their respective agency heads in the case of any Federal employee— (A) employees of— (i) the Department of Homeland Security, including U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and U.S. Immigration and Customs Enforcement; (ii) the Department of Justice, including the Federal Bureau of Investigation; and (iii) the Office of Refugee Resettlement of the Department of Health and Human Services; (B) other Federal, State, and local law enforcement and municipal officials receiving instruction at the Federal Law Enforcement Training Center; and (C) appropriate private sector and community partners of the Federal Bureau of Investigation. (3) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, to develop and provide the curriculum and training described in paragraph (1). 7. Intelligence gathering The intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ) shall devote significant resources— (1) to prioritize, to the extent feasible, the identification of individuals, networks, and tools that are used for perpetrating transnational repression against communities in the United States on behalf of foreign governments; (2) to share relevant and appropriate information with like-minded partners; and (3) to effectively coordinate such efforts with the Federal Bureau of Investigation, the Department of Homeland Security, the Office of the Director of National Intelligence, and the Department of State. 8. Department of Homeland Security and Department of Justice initiatives to combat transnational repression in the United States (a) In general The Secretary of Homeland Security and the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall— (1) dedicate resources to ensure that a tip line for victims and witnesses of transnational repression— (A) is staffed by people who are— (i) equipped with cultural and linguistic ability to communicate effectively with diaspora and exile communities; and (ii) knowledgeable of the tactics of transnational repression; (B) is encrypted and, to the maximum extent practicable, protects the confidentiality of the identifying information of individuals who may call the tip line; (2) not later than 270 days after the date of the enactment of this Act— (A) identify existing Federal resources to assist and protect individuals and communities targeted by transnational repression in the United States; and (B) in cooperation with the Secretary of Health and Human Services and the heads of other Federal agencies, publish such resources in a toolkit or guide; (3) continue to conduct proactive outreach so that individuals in targeted communities— (A) are aware of the tip line described in paragraph (1); and (B) are informed about the types of incidents that should be reported to the Federal Bureau of Investigation; (4) support data collection and analysis undertaken by Federal research and development centers regarding the needs of targeted communities in the United States, with the goal of identifying priority needs and developing solutions and assistance mechanisms, while recognizing that such mechanisms may differ depending on geographic location of targeted communities, language, and other factors; (5) continue to issue advisories to, and engage regularly with, communities that are at particular risk of transnational repression, including specific diaspora communities— (A) to explain what transnational repression is and clarify the threshold at which incidents of transnational repression constitute a crime; and (B) to identify the resources available to individuals in targeted communities to facilitate their reporting of, and to protect them from, transnational repression, without placing such individuals at additional risk; and (6) conduct annual trainings with caseworker staff in congressional offices regarding the tactics of transnational repression and the resources available to their constituents. (b) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, for the research, development, outreach, and training activities described in subsection (a). 9. Imposition of sanctions relating to transnational repression (a) Definitions In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence The terms admission , admitted , alien , and lawfully admitted for permanent residence have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Financial Services of the House of Representatives . (3) Foreign person The term foreign person means an individual or entity that is not a United States person. (4) Transnational repression The term transnational repression means actions of a foreign government, or agents of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities in order to prevent their exercise of internationally recognized human rights. (5) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or the laws of any jurisdiction within the United States, including a foreign branch of such an entity; and (C) any person who is physically present in the United States. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that, except as provided in paragraph (2), identifies each foreign person that the President determines has, on or after the date of the enactment of this Act, whether knowingly or unknowingly, directly engaged in transnational repression. (2) Exception The report required under paragraph (1) shall not identify individuals if such identification would interfere with law enforcement efforts. (3) Explanation If a foreign person identified in the report required under paragraph (1) is not subject to sanctions under section (c), the report shall explain, to the extent practicable, the reasons such sanctions were not imposed on such person. (4) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Imposition of sanctions Except as provided in subsection (b)(3), the President shall impose 1 or more of the sanctions described in subsection (d) with respect to each foreign person identified in the report required under subsection (b)(1). (d) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking The President shall exercise all of the powers granted to the President under section 203 through 207 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under subsection (b)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (b)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subsection (b)(1) is subject to revocation of any visa or other entry documentation of the alien, regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act, 8 U.S.C. 1201(i) — (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (f) Sanctions The President is authorized to impose sanctions as provided under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) against any foreign person who the President, based on credible evidence, determines is responsible for the rendition of journalists, activists, or other individuals to a country in which the person would be at risk of irreparable harm upon return, including extrajudicial killings, torture, or other gross violations of internationally recognized human rights. (g) Waiver (1) In general The President may waive the application of sanctions authorized under this section with respect to a foreign person if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interests of the United States. (2) Annual report The President shall provide an annual report to Congress that— (A) lists every waiver granted under paragraph (1); and (B) provides a justification for each such waiver. (h) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under subsection (d)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods (A) In general The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (i) Sunset This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act.