,,ii #aaith ,,congress #b;d ,session ,s4 #difg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjbf,mr4 ,schiff 7for himself and ,mr4 ,curtis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend chapter #de of title #ah1 ,united ,states ,code1 by providing for a sentencing enhancement for transnational repression committed against ,united ,states citizens or individuals who are physically present in the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,stop ,,tnr ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,sentencing enhancement for transnational repression4,sec4 #e4 ,centralization of oversight of transnational prosecutions and investigations4,sec4 #f4 ,united ,states ,sentencing ,commission guidelines4,sec4 #g4 ,annual reports4,sec4 #h4 ,annual briefings4,sec4 #i4 ,using artificial intelligence to further investigations of transnational repression4,sec4 #aj4 ,review and report regarding available responses to transnational repression4,sec4 #aa4 ,authorization of appropriations4 #b4 ,findings ,congress finds the following3 7#a7 ,the governments of hostile nations1 of nations controlled by authoritarian regimes1 and even of some nations with which the ,united ,states has positive diplomatic relations1 have increasingly and aggressively targeted ,united ,states persons and foreign nationals present in the ,united ,states to silence individuals who are perceived to oppose1 or are critical of1 such governments4 7#b7 ,officials and agents of such governments1 and their proxies1 have threatened1 intimidated1 harassed1 surveilled1 stalked1 silenced1 and even plotted to physically harm1 kidnap1 or kill persons within the ,united ,states1 including by engaging in targeted attacks against political and human rights activists1 journalists1 academics1 and members of religious and ethnic minority groups4 7#c7 ,a large number of diaspora communities have experienced a rise of incidents of intimidation1 harassment1 and1 in some cases1 violence in the ,united ,states at the action1 behest1 or encouragement of the governments of foreign nations4 7#d7 ,acts of transnational repression violate national sovereignty1 undermine the values that are foundational in relationships within the international community of nations1 and violate ,united ,states law4 7#e7 ,transnational repression is often used to silence critics of foreign nations and stifle speech that is protected by the ,first ,amendment to the ,constitution of the ,united ,states1 which makes it more difficult for individuals to exercise their fundamental freedoms and human rights4 7#f7 ,transnational repression is not limited to physical acts of intimidation and harassment1 and has been furthered by the use of online tools and technology to conduct cyberattacks1 including commercial spyware and online disinformation campaigns4 7#g7 ,although transnational repression often involves actions that are already prohibited under ,united ,states law1 the involvement of a foreign government renders such activities more dangerous than the dangers posed by the underlying acts of intimidation or harassment4 7#h7 ,transnational repression is not explicitly defined in ,united ,states law1 which hinders the ability of law enforcement officials and other ,federal and ,state officials to identify and address such conduct4 7#i7 ,codifying a definition for transnational repression to establish sentencing enhancements will serve as a heightened deterrent for foreign actors seeking to engage in such conduct4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,f7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,transnational repression ,the term transnational repression has the meaning given such term in section #ifh7;a7 of title #ah1 ,united ,states ,code1 as added by section #d7;a74 #d4 ,sentencing enhancement for transnational repression 7a7 ,in general ,chapter #de of title #ah1 ,united ,states ,code1 is amended by inserting after section #ifg the following3 #ifh4 ,sentencing enhancement for transnational repression 7a7 ,definitions ,as used in this section3 7#a7 ,agent of a foreign power ,the term agent of a foreign power means an individual who operates subject to the direction or control of a foreign power4 7#b7 ,proxy ,the term proxy means an individual acting on behalf of an agent of a foreign power1 with objective and subjective actual knowledge of the foreign power's involvement in directing or controlling the individual's actions4 7#c7 ,transnational repression ,the term transnational repression means any activity by a foreign power1 or by an agent or proxy of such foreign power1 that-- 7,a7 reaches beyond the internationally recognized territorial jurisdiction of such foreign power or the country from which such foreign power primarily operates or receives direction or control2 7,b7 involves-- 7i7 any effort intended to harass1 coerce1 or threaten a person1 including by force or reasonable fear of death or serious bodily injury or imprisonment of a person or an immediate family member of a person2 7ii7 any effort intended to harass1 coerce1 or threaten a person to forebear from exercising rights protected under the ,first ,amendment to the ,constitution of the ,united ,states or any other right guaranteed to such person by the ,constitution or laws of the ,united ,states1 or to retaliate against a person for having exercised such a right2 7iii7 an extrajudicial killing2 or 7iv7 any attempt or other act intended to further the efforts described in clause 7i71 7ii71 or 7iii72 7,c7 is engaged in for a foreign power or in the interests of a foreign power2 and 7,d7 7i7 occurs1 in whole or in part1 in the ,united ,states1 including through the use of1 or transmission or unauthorized access to1 computers in the ,united ,states2 or 7ii7 is committed against a ,united ,states person4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a national of the ,united ,states 7as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb7772 7,b7 an alien who has been lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7772 or 7,c7 any person who is physically present in the ,united ,states at the time of acts constituting the transnational repression4 7b7 ,sentencing enhancement for transnational repression ,the sentence of a person convicted of committing1 or attempting or conspiring to commit1 an offense under ,federal law1 in addition to the punishment authorized for such offense1 shall be subject to an enhancement of up to #aj years imprisonment and shall include an additional fine of up to #ajj1jjj if1 as part of the course of conduct constituting such offense1 the person knowingly committed1 or attempted or conspired to commit1 an act of transnational repression4 4 7b7 ,clerical amendment ,the table of sections for chapter #de of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ifg the following3 #ifh4 ,sentencing enhancement for transnational repression4 4 #e4 ,centralization of oversight of transnational prosecutions and investigations 7a7 ,national security division ,the ,attorney ,general shall centralize oversight of prosecutions for offenses involving an act of transnational repression in the ,national ,security ,division of the ,department of ,justice1 or any successor organization4 7b7 ,investigations ,the ,attorney ,general1 acting through the ,director of the ,federal ,bureau of ,investigation1 shall centralize oversight of investigations of offenses involving an act of transnational repression in the ,federal ,bureau of ,investigation4 #f4 ,united ,states ,sentencing ,commission guidelines ,as soon as practicable1 but not later than #bgj days after the date of the enactment of this ,act1 pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend the ,federal sentencing guidelines to the extent necessary to provide for appropriate sentencing enhancements under section #ifh of title #ah1 ,united ,states ,code1 as added by section #d7;a74 #g4 ,annual reports 7a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter1 the ,assistant ,attorney ,general for ,national ,security1 in consultation with the ,director of ,national ,intelligence1 the ,secretary of ,state1 the ,director of the ,federal ,bureau of ,investigation1 the ,secretary of the ,treasury1 and the head of any other department or agency the ,assistant ,attorney ,general determines appropriate1 shall submit a report to the appropriate congressional committees that describes incidents of transnational repression against1 or otherwise impacting1 any ,united ,states person4 7b7 ,contents ,each report submitted pursuant to subsection 7a7 shall contain1 with respect to the most recently concluded calendar year-- 7#a7 a detailed description of trends related to transnational repression and the methods and tactics used to perpetrate the aims1 including the use of artificial intelligence capabilities and commercial spyware2 and 7#b7 subject to appropriate protections for sensitive information regarding law enforcement and counterintelligence investigations and operations1 a description of efforts taken by the ,united ,states ,government to disrupt transnational repression1 including-- 7,a7 diplomatic measures2 7,b7 law enforcement actions1 counterintelligence actions1 and criminal prosecutions2 7,c7 civil and administrative actions1 such as targeted sanctions1 fines and penalties1 and entry ineligibility of foreign persons2 7,d7 protective measures provided to victims2 and 7,e7 collaboration of the ,united ,states ,government with other countries that have experienced similar cases of transnational repression4 7c7 ,form ,each report submitted pursuant to subsection 7a7 shall be submitted in unclassified form1 which shall be made available to the public on a ,department of ,justice website1 but may include a classified annex1 if necessary1 to provide information that cannot otherwise be conveyed in unclassified form4 #h4 ,annual briefings 7a7 ,in general ,not later than #cj days after each report is submitted pursuant to section #g1 the ,assistant ,attorney ,general for ,national ,security and a representative of any other department or agency that the ,assistant ,attorney ,general determines appropriate1 shall provide an in-person briefing to the appropriate congressional committees regarding incidents of transnational repression against1 or otherwise impacting1 a ,united ,states person4 7b7 ,items ,to be included ,each briefing required under subsection 7a7 shall be subject to appropriate protections for sensitive information regarding law enforcement and counterintelligence investigations and operations1 and should include1 with respect to the most recently concluded calendar year-- 7#a7 a detailed description of each instance or related groups of instances of transnational repression that has been reported to1 or is otherwise under investigation by1 the ,department of ,justice or another relevant ,federal agency1 including-- 7,a7 the nature of the transnational repression2 7,b7 the individuals involved in the underlying conduct2 and 7,c7 the location of each incident of transnational repression associated with each such instance2 and 7#b7 a description of the efforts taken by the ,united ,states ,government in response to each of the instances referred to in paragraph 7#a74 #i4 ,using artificial intelligence to further investigations of transnational repression ,the ,assistant ,attorney ,general for ,national ,security1 in consultation with the ,director of ,national ,intelligence1 the ,secretary of ,state1 the ,director of the ,federal ,bureau of ,investigation1 and the head of any other department or agency the ,assistant ,attorney ,general determines appropriate1 shall-- 7#a7 develop a whole-of-government strategy for preventing1 investigating and responding to acts of transnational repression that are perpetrated through the use of artificial intelligence1 including-- 7,a7 outreach to technology companies that are integrating or creating artificial intelligence capabilities2 and 7,b7 engaging in multilateral efforts to address the use of artificial intelligence in the proliferation of transnational repression2 and 7#b7 launch an education campaign for the public regarding the trends1 methods1 and tactics by which artificial intelligence is being used for purposes of foreign influence1 disinformation1 and other forms of transnational repression4 #aj4 ,review and report regarding available responses to transnational repression 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,attorney ,general for ,national ,security1 in consultation with the ,secretary of ,state1 the ,secretary of the ,treasury1 and the heads of other relevant ,federal agencies1 shall conduct a review and submit a report to the appropriate congressional committees that assesses the use of existing authorities and provides recommendations for additional authorities that may be used to respond to and deter transnational repression against ,united ,states persons1 including-- 7#a7 sanctions available under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 or under any other ,federal law2 7#b7 visa restrictions available under section #gjca7;c7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbd 7division ,f of ,public ,law #aah-dg2 #h ,u4,s4,c4 #aahb note71 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 or under any other ,federal law2 7#c7 restrictions on assistance provided to the government of the relevant countries under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 or under any other ,federal law2 and 7#d7 restrictions on the export of certain goods to the relevant countries under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq471 or any other ,federal law4 7b7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex1 if necessary1 to provide information that cannot otherwise be conveyed in the unclassified form4 7c7 ,annual review and report ,the ,assistant ,attorney ,general for ,national ,security shall conduct an annual review and submit an annual report containing the information described in subsection 7a7 to the relevant committees of jurisdiction in the ,senate and the ,house of ,representatives4 #aa4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act and the amendments made by this ,act4