[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4967 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4967
To amend chapter 45 of title 18, United States Code, by providing for a
sentencing enhancement for transnational repression committed against
United States citizens or individuals who are physically present in the
United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2026
Mr. Schiff (for himself and Mr. Curtis) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 45 of title 18, United States Code, by providing for a
sentencing enhancement for transnational repression committed against
United States citizens or individuals who are physically present in the
United States, 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 ``Stop TNR Act of
2026''.
(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. Definitions.
Sec. 4. Sentencing enhancement for transnational repression.
Sec. 5. Centralization of oversight of transnational prosecutions and
investigations.
Sec. 6. United States Sentencing Commission guidelines.
Sec. 7. Annual reports.
Sec. 8. Annual briefings.
Sec. 9. Using artificial intelligence to further investigations of
transnational repression.
Sec. 10. Review and report regarding available responses to
transnational repression.
Sec. 11. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The governments of hostile nations, of nations
controlled by authoritarian regimes, and even of some nations
with which the United States has positive diplomatic relations,
have increasingly and aggressively targeted United States
persons and foreign nationals present in the United States to
silence individuals who are perceived to oppose, or are
critical of, such governments.
(2) Officials and agents of such governments, and their
proxies, have threatened, intimidated, harassed, surveilled,
stalked, silenced, and even plotted to physically harm, kidnap,
or kill persons within the United States, including by engaging
in targeted attacks against political and human rights
activists, journalists, academics, and members of religious and
ethnic minority groups.
(3) A large number of diaspora communities have experienced
a rise of incidents of intimidation, harassment, and, in some
cases, violence in the United States at the action, behest, or
encouragement of the governments of foreign nations.
(4) Acts of transnational repression violate national
sovereignty, undermine the values that are foundational in
relationships within the international community of nations,
and violate United States law.
(5) 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
States, which makes it more difficult for individuals to
exercise their fundamental freedoms and human rights.
(6) Transnational repression is not limited to physical
acts of intimidation and harassment, and has been furthered by
the use of online tools and technology to conduct cyberattacks,
including commercial spyware and online disinformation
campaigns.
(7) Although transnational repression often involves
actions that are already prohibited under United States law,
the involvement of a foreign government renders such activities
more dangerous than the dangers posed by the underlying acts of
intimidation or harassment.
(8) Transnational repression is not explicitly defined in
United States law, which hinders the ability of law enforcement
officials and other Federal and State officials to identify and
address such conduct.
(9) Codifying a definition for transnational repression to
establish sentencing enhancements will serve as a heightened
deterrent for foreign actors seeking to engage in such conduct.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on the Judiciary of the House of
Representatives;
(E) the Committee on Foreign Affairs of the House
of Representatives; and
(F) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Transnational repression.--The term ``transnational
repression'' has the meaning given such term in section 968(a)
of title 18, United States Code, as added by section 4(a).
SEC. 4. SENTENCING ENHANCEMENT FOR TRANSNATIONAL REPRESSION.
(a) In General.--Chapter 45 of title 18, United States Code, is
amended by inserting after section 967 the following:
``Sec. 968. Sentencing enhancement for transnational repression
``(a) Definitions.--As used in this section:
``(1) 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 power.
``(2) Proxy.--The term `proxy' means an individual acting
on behalf of an agent of a foreign power, with objective and
subjective actual knowledge of the foreign power's involvement
in directing or controlling the individual's actions.
``(3) Transnational repression.--The term `transnational
repression' means any activity by a foreign power, or by an
agent or proxy of such foreign power, that--
``(A) 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 control;
``(B) involves--
``(i) any effort intended to harass,
coerce, or threaten a person, including by
force or reasonable fear of death or serious
bodily injury or imprisonment of a person or an
immediate family member of a person;
``(ii) any effort intended to harass,
coerce, 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 States, or to retaliate against a person
for having exercised such a right;
``(iii) an extrajudicial killing; or
``(iv) any attempt or other act intended to
further the efforts described in clause (i),
(ii), or (iii);
``(C) is engaged in for a foreign power or in the
interests of a foreign power; and
``(D)(i) occurs, in whole or in part, in the United
States, including through the use of, or transmission
or unauthorized access to, computers in the United
States; or
``(ii) is committed against a United States person.
``(4) United states person.--The term `United States
person' means--
``(A) a national of the United States (as defined
in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)));
``(B) an alien who has been lawfully admitted for
permanent residence (as defined in section 101(a)(20)
of such Act (8 U.S.C. 1101(a)(20))); or
``(C) any person who is physically present in the
United States at the time of acts constituting the
transnational repression.
``(b) Sentencing Enhancement for Transnational Repression.--The
sentence of a person convicted of committing, or attempting or
conspiring to commit, an offense under Federal law, in addition to the
punishment authorized for such offense, shall be subject to an
enhancement of up to 10 years imprisonment and shall include an
additional fine of up to $100,000 if, as part of the course of conduct
constituting such offense, the person knowingly committed, or attempted
or conspired to commit, an act of transnational repression.''.
(b) Clerical Amendment.--The table of sections for chapter 45 of
title 18, United States Code, is amended by inserting after the item
relating to section 967 the following:
``968. Sentencing enhancement for transnational repression.''.
SEC. 5. CENTRALIZATION OF OVERSIGHT OF TRANSNATIONAL PROSECUTIONS AND
INVESTIGATIONS.
(a) 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 Justice, or any successor organization.
(b) Investigations.--The Attorney General, acting through the
Director of the Federal Bureau of Investigation, shall centralize
oversight of investigations of offenses involving an act of
transnational repression in the Federal Bureau of Investigation.
SEC. 6. UNITED STATES SENTENCING COMMISSION GUIDELINES.
As soon as practicable, but not later than 270 days after the date
of the enactment of this Act, pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines to the extent
necessary to provide for appropriate sentencing enhancements under
section 968 of title 18, United States Code, as added by section 4(a).
SEC. 7. ANNUAL REPORTS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter, the Assistant Attorney
General for National Security, in consultation with the Director of
National Intelligence, the Secretary of State, the Director of the
Federal Bureau of Investigation, the Secretary of the Treasury, and the
head of any other department or agency the Assistant Attorney General
determines appropriate, shall submit a report to the appropriate
congressional committees that describes incidents of transnational
repression against, or otherwise impacting, any United States person.
(b) Contents.--Each report submitted pursuant to subsection (a)
shall contain, with respect to the most recently concluded calendar
year--
(1) a detailed description of trends related to
transnational repression and the methods and tactics used to
perpetrate the aims, including the use of artificial
intelligence capabilities and commercial spyware; and
(2) subject to appropriate protections for sensitive
information regarding law enforcement and counterintelligence
investigations and operations, a description of efforts taken
by the United States Government to disrupt transnational
repression, including--
(A) diplomatic measures;
(B) law enforcement actions, counterintelligence
actions, and criminal prosecutions;
(C) civil and administrative actions, such as
targeted sanctions, fines and penalties, and entry
ineligibility of foreign persons;
(D) protective measures provided to victims; and
(E) collaboration of the United States Government
with other countries that have experienced similar
cases of transnational repression.
(c) Form.--Each report submitted pursuant to subsection (a) shall
be submitted in unclassified form, which shall be made available to the
public on a Department of Justice website, but may include a classified
annex, if necessary, to provide information that cannot otherwise be
conveyed in unclassified form.
SEC. 8. ANNUAL BRIEFINGS.
(a) In General.--Not later than 30 days after each report is
submitted pursuant to section 7, the Assistant Attorney General for
National Security and a representative of any other department or
agency that the Assistant Attorney General determines appropriate,
shall provide an in-person briefing to the appropriate congressional
committees regarding incidents of transnational repression against, or
otherwise impacting, a United States person.
(b) Items To Be Included.--Each briefing required under subsection
(a) shall be subject to appropriate protections for sensitive
information regarding law enforcement and counterintelligence
investigations and operations, and should include, with respect to the
most recently concluded calendar year--
(1) a detailed description of each instance or related
groups of instances of transnational repression that has been
reported to, or is otherwise under investigation by, the
Department of Justice or another relevant Federal agency,
including--
(A) the nature of the transnational repression;
(B) the individuals involved in the underlying
conduct; and
(C) the location of each incident of transnational
repression associated with each such instance; and
(2) a description of the efforts taken by the United States
Government in response to each of the instances referred to in
paragraph (1).
SEC. 9. USING ARTIFICIAL INTELLIGENCE TO FURTHER INVESTIGATIONS OF
TRANSNATIONAL REPRESSION.
The Assistant Attorney General for National Security, in
consultation with the Director of National Intelligence, the Secretary
of State, the Director of the Federal Bureau of Investigation, and the
head of any other department or agency the Assistant Attorney General
determines appropriate, shall--
(1) develop a whole-of-government strategy for preventing,
investigating and responding to acts of transnational
repression that are perpetrated through the use of artificial
intelligence, including--
(A) outreach to technology companies that are
integrating or creating artificial intelligence
capabilities; and
(B) engaging in multilateral efforts to address the
use of artificial intelligence in the proliferation of
transnational repression; and
(2) launch an education campaign for the public regarding
the trends, methods, and tactics by which artificial
intelligence is being used for purposes of foreign influence,
disinformation, and other forms of transnational repression.
SEC. 10. REVIEW AND REPORT REGARDING AVAILABLE RESPONSES TO
TRANSNATIONAL REPRESSION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Attorney General for National
Security, in consultation with the Secretary of State, the Secretary of
the Treasury, and the heads of other relevant Federal agencies, 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 persons,
including--
(1) sanctions available under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), or under any other
Federal law;
(2) visa restrictions available under section 7031(c) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024 (division F of Public Law
118-47; 8 U.S.C. 1182 note), the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), or under any other Federal law;
(3) restrictions on assistance provided to the government
of the relevant countries under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or under any other Federal law;
and
(4) restrictions on the export of certain goods to the
relevant countries under the Arms Export Control Act (22 U.S.C.
2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.), or any other Federal law.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex, if
necessary, to provide information that cannot otherwise be conveyed in
the unclassified form.
(c) 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 (a) to the
relevant committees of jurisdiction in the Senate and the House of
Representatives.
SEC. 11. 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 Act.
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