[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2905-S2908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 787. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

                 Subtitle __--Transnational Repression

     SECTION 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Transnational 
     Repression Policy Act''.

     SEC. 12_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. 12_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. 12_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

[[Page S2906]]

     city technology, health tracking systems, general 
     surveillance technology, and data access, transfer, and 
     storage procedures, used by the countries for such 
     actions.''.

     SEC. 12_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;

[[Page S2907]]

       (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. 12_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. 12_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. 12_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. 12_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

[[Page S2908]]

     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 subsection (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.
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