[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 831 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 831

  To address transnational repression by foreign governments against 
              private individuals, and for other purposes.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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.

SEC. 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.

SEC. 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.''.

SEC. 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).

SEC. 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).

SEC. 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.

SEC. 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).

SEC. 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.
                                 <all>