Congressman Schiff Introduces Bill to Protect Individuals from Harassment by Foreign Governments
Legislation Would Criminalize “Transnational Repression,” Protect People Living in the U.S. from Foreign Governments Attacking Their Civil Liberties
Today, Congressman Adam Schiff (D-Calif.) introduced legislation to bolster the prosecution and oversight of transnational repression – efforts by foreign governments to harass and intimidate individuals living in the United States in order to silence overseas dissidents, coerce them to return to their country, or kill them.
Transnational repression violates the fundamental rights to free speech and privacy granted to all individuals living in the United States – including foreign citizens living abroad, and naturalized and U.S.-born citizens. According to the FBI, the most common targets are political and human rights activists, dissidents, journalists, political opponents, and members of religious or ethnic minority groups.
“Everyone living in this country is protected by its fundamental rights and freedoms – including the freedom to stand up for human rights, speak out against injustice, and live without fear of harassment. And oppressive states which try to intimidate and silence their dissidents around the world must know that the American government will defend those individuals with the full weight of the law,” said Schiff. “This legislation will give federal law enforcement the tools it needs to protect individuals and their families who have chosen to live free and liberated lives in the United States. And it will send a resounding message to bad actors that their tyranny cannot touch our shores.”
While transnational repression activities have been documented for more than a decade, the brutal 2018 murder of Jamal Khashoggi inside Saudi Arabia’s Istanbul consulate is often cited as the event that brought popular awareness to the issue. In July 2021, the Department of Justice charged five individuals for conspiring to kidnap a Brooklyn-based human rights activist on behalf of Iran. And most recently, in October 2022, the Department of Justice arrested two and charged 13 People’s Republic of China nationals and intelligence agents in cases related to transnational repression. Among the charges were accusations that the individuals attempted to harass and coerce a U.S. resident into returning to the PRC, and targeted individuals in the U.S. to act as agents of the PRC.
These events reflect the growing trend of authoritarian governments or those acting as their proxies reaching across borders to intimidate or deter people from exercising their fundamental rights and freedoms in the United States. According to a report this year from Freedom House, between 2014 and 2021, there were 735 documented direct, physical cases of transnational repression, including 85 new reported cases in 2021 alone.
While the actions that make up transnational repression such as harassment, intimidation, and stalking are already prohibited by U.S. law, the intent of these actions and the fact that they take place at the direction of foreign governments render them especially egregious. In order to protect individuals living in the U.S. from this insidious targeting, Congress must formally define and criminalize transnational repression in federal law.
Specifically, the legislation would:
- Criminalize and define transnational repression as a new offense in Chapter 45 of title 19, United States Code, with a fine and term of imprisonment of no more than 10 years;
- Centralize the oversight of transnational repression within the DOJ National Security Division and the Counterintelligence Division of the Federal Bureau of Investigation (FBI); and
- Require an annual report from the DOJ and FBI on incidents of transnational repression in the United States.
The legislation is co-sponsored by Representatives Eleanor Holmes Norton (D-DC), André Carson (D-Ind.), Jim Himes (D-Conn.), Mike Quigley (D-Ill.), Bill Keating (D-Mass.), Ed Case (D-Hawaii), Raja Krishnamoorthi (D-Ill.), and Tom Malinowski (D-N.J.).
To read the full bill text, click here.
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