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.