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.

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.

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).

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:

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.

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.

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).

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.

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).

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.

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.

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.