Existing law provides that no person shall, whether or not acting under color of law, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the California Constitution or laws of this state or by the United States Constitution or laws of the United States because of the other persons race, religion, national origin, disability, gender, or sexual orientation, or because they perceive that the other person has one or more of those characteristics.

This bill would state that it is the policy of the state to protect individuals and organizations against transnational repression and would define that term to mean the actions of a foreign government or agents of a foreign government involving the transgression of national borders in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities or organizations that advocate for individuals in diaspora and exile communities in order to prevent their exercise of their human rights, as defined. The bill would specify that it is the policy of the state to pursue criminal prosecutions against those who engage in transnational repression and to provide support services to victims who are targeted by transnational repression, among other things.

Under existing law, the California Specialized Training Institute is overseen by the Office of Emergency Services and is required to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for natural and man-made disasters. Existing law also establishes the Commission on Peace Officer Standards and Training to adopt and amend rules establishing and upholding minimum standards relating to training for peace officers.

This bill would require the Office of Emergency Services through the California Specialized Training Institute and in cooperation with the Commission on Peace Officer Standards and Training, on or before July 1, 2026, to develop a transnational repression recognition and response training that would include how to identify different tactics of transnational repression and best practices for appropriate local and state law enforcement prevention, reporting, and response tactics, among others.

Existing law provides that no person shall, whether or not acting under color of law, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the California Constitution or laws of this state or by the United States Constitution or laws of the United States because of the other persons race, religion, national origin, disability, gender, or sexual orientation, or because they perceive that the other person has one or more of those characteristics.

This bill would state that it is the policy of the state to protect individuals and organizations against transnational repression and would define that term to mean the actions of a foreign government or agents of a foreign government involving the transgression of national borders in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities or organizations that advocate for individuals in diaspora and exile communities in order to prevent their exercise of their human rights, as defined. The bill would specify that it is the policy of the state to pursue criminal prosecutions against those who engage in transnational repression and to provide support services to victims who are targeted by transnational repression, among other things.

Under existing law, the California Specialized Training Institute is overseen by the Office of Emergency Services and is required to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for natural and man-made disasters. Existing law also establishes the Commission on Peace Officer Standards and Training to adopt and amend rules establishing and upholding minimum standards relating to training for peace officers.

This bill would require the Office of Emergency Services through the California Specialized Training Institute and in cooperation with the Commission on Peace Officer Standards and Training, on or before July 1, 2026, to develop a transnational repression recognition and response training that would include how to identify different tactics of transnational repression and best practices for appropriate local and state law enforcement prevention, reporting, and response tactics, among others.

Existing law provides that no person shall, whether or not acting under color of law, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the California Constitution or laws of this state or by the United States Constitution or laws of the United States because of the other persons race, religion, national origin, disability, gender, or sexual orientation, or because they perceive that the other person has one or more of those characteristics.

This bill would state that it is the policy of the state to protect individuals and organizations against transnational repression and would define that term to mean the actions of a foreign government or agents of a foreign government involving the transgression of national borders in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities or organizations that advocate for individuals in diaspora and exile communities in order to prevent their exercise of their human rights, as defined. The bill would specify that it is the policy of the state to pursue criminal prosecutions against those who engage in transnational repression and to provide support services to victims who are targeted by transnational repression, among other things.

Under existing law, the California Specialized Training Institute is overseen by the Office of Emergency Services and is required to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for natural and man-made disasters. Existing law also establishes the Commission on Peace Officer Standards and Training to adopt and amend rules establishing and upholding minimum standards relating to training for peace officers.

This bill would require the Office of Emergency Services through the California Specialized Training Institute and in cooperation with the Commission on Peace Officer Standards and Training, on or before July 1, 2026, to develop a transnational repression recognition and response training that would include how to identify different tactics of transnational repression and best practices for appropriate local and state law enforcement prevention, reporting, and response tactics, among others.

Existing law provides that no person shall, whether or not acting under color of law, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the California Constitution or laws of this state or by the United States Constitution or laws of the United States because of the other persons race, religion, national origin, disability, gender, or sexual orientation, or because they perceive that the other person has one or more of those characteristics.

This bill would state that it is the policy of the state to protect individuals and organizations against transnational repression and would define that term to mean the actions of a foreign government or agents of a foreign government involving the transgression of national borders in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities or organizations that advocate for individuals in diaspora and exile communities in order to prevent their exercise of their human rights, as defined. The bill would specify that it is the policy of the state to pursue criminal prosecutions against those who engage in transnational repression and to provide support services to victims who are targeted by transnational repression, among other things.

Under existing law, the California Specialized Training Institute is overseen by the Office of Emergency Services and is required to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for natural and man-made disasters. Existing law also establishes the Commission on Peace Officer Standards and Training to adopt and amend rules establishing and upholding minimum standards relating to training for peace officers.

This bill would require the Office of Emergency Services through the California Specialized Training Institute and in cooperation with the Commission on Peace Officer Standards and Training, on or before July 1, 2026, to develop a transnational repression recognition and response training that would include how to identify different tactics of transnational repression and best practices for appropriate local and state law enforcement prevention, reporting, and response tactics, among others.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 3027 (Bains) - Crime: transnational repression

Bill Summary:

AB 3027 requires California Office of Emergency Services (CalOES) to develop a transnational repression recognition and response training, and requires CalOES to regularly update the training to address emerging threats and information on tactics used by foreign governments.

Fiscal Impact:

Significant state costs (General Fund) to CalOES to implement this bill. CalOES indicates that, to research, develop, and implement a thorough program, in coordination with the Commission on Peace Officer Standards and Training (POST), CalOES will need to hire an Emergency Management Coordinator and Instructor within the California Specialized Training Institute and the Homeland Security Directorate would need to hire a Research Data Specialist. The cost for each position is $413,000 and $255,000, respectively for the initial year to set up the program, totaling $668,000 from the General Fund. Future years will have a slight decrease in the cost of the Emergency Management Coordinator and Instructor at $408,000. Total ongoing costs are $663,000 to ensure California’s current and future law enforcement are well equipped to recognize and respond to transnational repression. (See Staff Comments)

Background:

According to the Federal Bureau of Investigation (FBI) when “foreign governments stalk, intimidate, or assault people in the United States, it is considered transnational repression.” The FBI’s internet website detailing transnational repression goes on to state, “[s]ome countries’ governments harass and intimidate their own citizens living in the U.S. These governments may also target naturalized or U.S.-born citizens who have family overseas or other foreign connections. This violates U.S. law and individual rights and freedoms.”

Proposed Law:

• Requires, on or before July 1, 2026, the CalOES to develop a transnational repression recognition and response training. The training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments.
• States that the training shall include, but not be limited to, all of the following:
  • How to identify different tactics of transnational repression in physical and nonphysical forms.
  • Those governments that are known to employ transnational repression, including not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cybertools frequently used to carry out transnational repression activities.
  • Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
  • Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as The International Criminal Police Organization -- Interpol.
  • Any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.
• Defines “Human rights” as the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States, in whole or in part.
• Defines “Transnational repression” as any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights. “Transnational repression” includes gathering information about individuals in diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights.
• States legislative findings and declarations.

Staff Comments:

This bill declares that it is the policy of the state to pursue criminal prosecutions against those who engage in transnational repression. As such, this bill would make it the policy of this state to prosecute “government officials, diplomatic personnel” who may commit acts of transnational repression “both in and outside the United States.” This bill also states that it is the policy of the state to “hold accountable foreign governments engaged in transnational repression and limit their ability to influence state policy or public opinion.” That is not the job of state and local prosecutors. (Cal. Const. art. V, sec. 13 [It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced] & Cal. Const. art. XI, sec. 7 [“A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws”].)

Rather, transnational repression concerns matters of foreign affairs and national security that fall within the purview of the federal, not state and local government. Article I, Section 10 prohibits states from engaging in a set of activities that implicate international affairs, while the Supremacy Clause, Foreign Commerce Clause, and other constitutional provisions place key elements of this power with the federal government. Interpreting these provisions, the Supreme Court has described the United States’ foreign affairs power not only as superior to the states but residing exclusively in the national government. With respect to foreign relations, the Supreme Court said that “state lines disappear” and the “purpose of the State ... does not exist.” (United States v. Pink (1942) 315 U.S. 203 [No state can rewrite our foreign policy to conform to its own domestic policies].) The U.S. Constitution limits states’ power over foreign affairs and gives the federal government the primary power to manage foreign relations. Federal law provides the Department of Homeland Security (DHS) has is responsible for integrating law enforcement and intelligence information relating to terrorist threats to the homeland. (6 U.S.C. § 111.) Federal law also requires the U.S. Secretary of State to, annually, transmit to the Speaker of the House of Representatives and Committee on Foreign Relations of the Senate, a report that include a description and extent of acts of transnational repression that occurred during the preceding year. (22 U.S.C. § 2151n, subd. (d)(14).)

Accordingly, this bill would require CalOES expend significant state funds to train local law enforcement on matters constitutionally reserved to the federal government.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: AB Hearing Date: 6/25/2024

SUBJECT:

DIGEST: This bill requires the Office of Emergency Services (OES), through the California Specialized Training Institute (CSTI) and in cooperation with the Commission on Peace Officer Standards and Training (POST), to develop a transnational repression recognition and response training, as specified. Additionally, this bill declares that it is the policy of the state to protect individuals and organizations against transnational repression, as defined.

ANALYSIS:

Existing law:

1. Prohibits a person from, by force or threat of force, willfully injuring, intimidating, interfering with, oppressing, or threatening any other person in the free exercise or enjoyment of any right or privilege secured to them by the California Constitution or laws of this state or by the United States Constitution or laws of the United States because of the other person’s race, religion, national origin, disability, gender, or sexual orientation, or because they perceive that the other person has one or more of those characteristics.
2. Requires CSTI, overseen by OES, to assist the Governor in providing training to state agencies, cities, and counties for planning and preparation in natural and man-made disasters.
3. Establishes POST to adopt and amend rules establishing and upholding minimum standards relating to training for peace officers.

This bill:

1. Requires OES, on or before July 1, 2026, through CSTI and in consultation with POST, to develop a transnational repression recognition and response training.
2. Requires the training to be regularly updated to address emerging threats and provide specific information on tactics used by specific foreign governments.
3. Requires the training to include, but not be limited to, all of the following:
   1. How to identify different tactics of transnational repression in physical and nonphysical forms.
   2. Those governments that are known to employ transnational repression, including not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cybertools frequently used to carry out transnational repression activities.
   3. Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
   4. Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as the International Criminal Police Organization – Interpol.
   5. Any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.
4. Defines “human rights” to mean the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States, in whole or in part.
5. Defines “transnational repression” to mean any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights.
6. “Transnational repression” includes gathering information about individuals in diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights.
7. Includes related Legislative findings and declarations.

Background

Author Statement. According to the author’s office, “the human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before.”

Further, “in my own Sikh community we have experienced transnational repression. The Indian government was credibly linked to the assassination of a prominent Sikh activist in Toronto, Canada. Another assassination plot against Sikh leaders by an Indian government official took place right here in California, but thankfully law enforcement intervened to prevent more death. The United States and California should be a haven to anyone who has fled their country in search of a safer home with the protections and freedoms we have all come to know and love. Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home. AB 3027 is groundbreaking legislation that will prevent future harm, support victims, and hold foreign governments accountable when they target Californians.”

Transnational Repression. According to the Federal Bureau of Investigation (FBI) when “foreign governments stalk, intimidate, or assault people in the United States, it is considered transnational repression.” The FBI’s internet website detailing transnational repression goes on to state, “[s]ome countries’ governments harass and intimidate their own citizens living in the U.S. These governments may also target naturalized or U.S.-born citizens who have family overseas or other foreign connections. This violates U.S. law and individual rights and freedoms.”

Transnational repression may take the following forms: stalking; harassment; hacking; assaults; attempted kidnapping; forcing or coercing the victim to return to the country of origin; threatening or detaining family members in the country of origin; freezing financial assets; and online disinformation campaigns. Governments around the globe use transnational repression tactics in order to silence the voices of their citizens (or non-citizens connected to the country), get information from them, or coerce them to return to their country of origin. The FBI notes that foreign governments typically target: political and human rights activists; dissidents; journalists; political opponents; and, religious or ethnic minority groups.

Federal law does not currently define “transnational repression,” however there are two bills pending in Congress that would define this term, improve the tracking of transnational repression incidents, and develop policies and training materials to better recognize and respond to incidents of transnational repression. (See H.R. 3654 – 118th Congress (2023-2024); S. 831 – 118th Congress (2023-2024).)

For example, H.R. 3654 defines “transnational repression” as “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.”

Unsafe in America: Transnational Repression in the United States. In 1941, the nonprofit Freedom House was founded to rally policymakers and a broadly isolationist American public around the fight against Nazi Germany, and to raise awareness of the fascist threat to American security and values. In the decades since, Freedom House has established itself through advocacy, programs, and research. It is the leading American organization devoted to the support and defense of democracy around the world.

According to Freedom House’s 2022 special report “Unsafe in America: Transnational Repression in the United States,” autocrats cast a long shadow onto America’s soil. Specifically, the report states that, “operations by foreign intelligence agents have significantly intensified in recent years. The governments of Iran, China, Egypt, Russia, Rwanda, Saudi Arabia, and other states are increasingly and more aggressively disregarding US laws to threaten, harass, surveil, stalk, and even plot to physically harm people across the county.”

Further, “[f]ar from being a foreign problem, transnational repression impacts the lives and freedoms of people living in the United States. It violates their right to privacy, free expression, and free movement. The violence and harassment directed by authoritarian governments is not just a problem for the targeted individuals. Hindering their rights and freedoms has direct consequences for the quality of America’s democracy and institutions.”

Recent Examples. In May of this year, the FBI Washington Field Office put out a warning to the public about a scam targeting Chinese communities in the U. S. and students attending U.S. universities. In this scheme, criminals pose as law enforcement officials from China to defraud victims, threatening the victims to build plausibility. They tell victims that they are the subjects of criminal investigations in China and convince them to pay to avoid arrest or deportation.

“These fraudsters pose as Chinese investigators to intimidate their victims and then prey on their victims’ fear to steal their money,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “The scam is so convincing because it consists of multiple layers and perpetrators. We hope to educate Chinese communities about this threat to empower victims to file reports.”

In November 2023, in the Southern District of New York, a superseding indictment was unsealed alleging murder-for-hire charges against an Indian national in connection with his participation in a foiled plot to assassinate a U.S. citizen in New York City. Czech authorities arrested and detained the individual pursuant to the bilateral extradition treaty between the U.S. and the Czech Republic.

According to court documents, earlier that year, an Indian government employee (CC-1), working together with the above mentioned individual and others, in India and elsewhere, directed a plot to assassinate on U.S. soil an attorney and political activist who is a U.S. citizen of Indian origin residing in New York City.

Also in May of this year, three men were arrested and charged in Canada for allegedly murdering a prominent Sikh separatist in a case that Prime Minister Justin Trudeau had previously linked to the Indian government, which officals in New Delhi have vehemently denied. All three suspects are Indian nationals and non-permanent residents of Canada, police said in a press briefing. Authorities are continuing to investigate if they have ties to the Indian government – the latest development in a long-running mystery that has fueled diplomatic tension between India and Canada.

Further, individuals warned about threats posed by the Indian government included individuals who lived across California – in Central, Northern and Southern California. The Sikh American Legal Defense and Education Fund (SALDEF) notes that in recent years, “the Indian government adopted policies that allowed them to further censor and limit Sikh activism abroad. During the Farmer’s Protest of 2020-2021, many Sikhs across the globe turned to social media to expose the various abuses perpetrated by the Indian government against Punjabi farmers. The Indian government responded by limiting internet access at protest sites, mischaracterizing peaceful protesters as separatists, manipulating graphics or photos to incite anti-Sikh sentiment, and using their influence to have social media companies take down posts or accounts of individuals around the world.”

Additionally, a Russian national living in California with his American family was awaiting a decision on his asylum application when he was arrested by Immigration and Customs Enforcement (ICE) in Los Angeles in September 2018 on the charge of overstaying his visa. This individual had fled Russia, and had no criminal history, applied for asylum in the U.S. when a Red Notice issued by Russia sent through Interpol resulted in his arrest, pending his extradition.

According to a 2020 article in Politico titled “He fought corruption in Russia. ICE wants to deport him,” Russia’s abuse of Interpol to “persecute the Kremlin’s rivals and political dissidents has been extensively documented by journalists, think tanks and lawyers. The most prominent example may be the case of Bill Browder, an American businessman-turned activist who was the largest foreign investor in Russia until 2005, when he fell out of favor with Russian President Vladimir Putin. After Browder began a campaign to expose Kremlin corruption, he was subsequently targeted with eight separate requests by Russia through Interpol for his arrest – a campaign of harassment so pervasive that Browder made ‘Red Notice’ the title of his 2015 book.”

In March of 2023, it was revealed that the U.S. Justice Department is investigating the surveillance of American Citizens, including several journalists who cover the tech industry, by the Chinese company that owns TikTok. According to the New York Times the investigation began in late 2022 as a result of an admission by ByteDance (TikTok’s parent company) that its employees had inappropriately obtained the data of American TikTok users, including two American reporters and their associates.

As Congress was debating what to do about TikTok earlier this year, U.S. Senators Richard Blumenthal and Marsha Blackburn who were briefed on the topic subsequently pressed for those briefings to be declassified so that the government can “better educate the public on the need for urgent action.” Further, the Senators wrote, “[w]e are deeply troubled by the information and concerns raised by the intelligence community in recent classified briefings to Congress. TikTok is a weapon in the hands of the Chinese government, and poses an active risk to our democratic institutions and national security.”

SALDEF states that “transnational repression has a direct and disproportionate connection to California. First, the role of California’s tech and media companies in facilitating transnational repression and the choices they must make cannot be overstated. Second, the accounts of Californians are those being suspended and silenced. Third, Californians across the state have been warned about active threats against themselves.

The Governor’s Office of Emergency Services. According to OES’ internet website, “OES takes a proactive approach to addressing these risks, threats, and vulnerabilities that form the basis of our mission and has been tested through real events, as well as comprehensive exercises that help us maintain our state of readiness to plan for and mitigate impacts.” OES’s divisions include: Homeland Security; Logistics Management; Office of the Director; Policy & Administration; Planning, Preparedness, and Prevention; Recovery; Response Operations; and the Seismic Safety Commission.

Additionally, OES houses the California Cybersecurity Integration Center (Cal-CSIC) which is the hub of state government’s cybersecurity events. Cal-CSIC coordinates information sharing at all levels of government agencies, utilities and other service providers, academic institutions, and nongovernmental organizations. Cal-CSIC’s focus is to respond to cyber threats and attacks that could damage the economy, its critical infrastructure, or computer networks in the state.

Noting World Quantum Day, on April 14^th of this year, the FBI warned that today, “adversarial nation-states are aggressively attempting to obtain a strategic advantage over the U.S. by stealing U.S. technologies and research know-how to help bolster their respective government’s policies that violate international norms – including respect for rule of law, fair trade, and full scientific research collaborative reciprocity – while damaging U.S. economic competiveness and harming U.S. national and economic security.”

California Specialized Training Institute. Established in 1971, and housed within OES, CSTI has delivers training to state and local government agencies, tribal organizations, businesses, non-profit organizations, and numerous other organizations. CSTI offers a variety of training for entry-level, mid-career, senior management, and executive level professionals. According to CSTI’s internet website, it “has delivered highly acclaimed, much needed training to tens of thousands of students. CSTI delivers specialized training throughout California, offering more than a hundred course titles in the areas of emergency management, criminal justice and homeland security, hazardous materials, disaster mitigation, preparedness, response and recovery, and crisis communications.

Commission on Peace Officer Standards and Training. California’s POST was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. In 2021, POST was giving additional authority by the Legislature to certify peace officers, as well as to suspend and decertify peace officers for serious misconduct. The POST organization, with more than 260 staff members, functions under the direction of an Executive Director appointed by the Commission.

The POST Program is voluntary and incentive-based. Participating agencies agree to abide by the standards established by POST. More than 600 agencies participate in the POST Program and are eligible to receive the Commission’s services and benefits which include: job-related assessment tools; research into improved officer selection standards; management counseling services; the development of new training courses; reimbursement for training; quality leadership training programs; and, a variety of training resources, including high quality online self-paced courses and videos in the Learning Portal, catalog of available courses, and publications and guidelines.

Maintaining Consistency with Federal Law. Given the international nature of transnational repression, it primarily falls under federal jurisdiction. Currently, two bills in Congress, H.R. 3654 and S. 831, aim to define transnational repression, establish federal training protocols, and provide guidance on its recognition and response. However, recognizing the lengthy process of federal legislation, the author does not wish to delay state action. This approach may carry the risk that California’s potential new policy may eventually conflict with federal statutes. For instance, this bill includes “organizations that advocate for individuals in diaspora and exile communities,” while both federal bills focus solely on individuals.

In response to feedback from the Assembly Public Safety Committee, the author amended the bill to ensure that state procedures and trainings can adapt to future federal legislation. The first amendment mandates that OES training updates incorporate any new federal guidance, identified threats, and rules. The second amendment requires that California law in this area must either complement or enhance federal laws. This Committee will still need to decide if a broader definition of transnational repression constitutes a compliment or enhancement.

Transnational Repression Recognition and Response Training. This bill requires OES, through CSTI and in coordination with POST, to develop a transnational repression recognition and response training by July 1, 2026. The training will be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments. The training will include, but not be limited to: how to identify different tactics of transnational repression; those governments that are known to employ transnational repression; best practices for appropriate local and state law enforcement prevention; information about targeted communities; and any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.

Further, this bill states that it is the policy of the State of California to: protect persons and organizations in the state from transnational repression; pursue criminal prosecutions against those who engage in transnational repression; provide support services for victims and communities that may credibly be targeted in transnational repression; meaningfully hold accountable foreign governments engaged in transnational repression to limit their ability to influence state policy or public opinion; and, coordinate actions to enhance and complement any federal laws or regulations related to transnational repression.

The bill’s findings and declarations identify transnational repression as any action taken by government officials, diplomatic personnel, and proxies through acts such as extrajudicial killings, physical assaults, unexplained disappearances, physical or online surveillance or stalking, intimidation, digital threats, such as cyberattacks, targeted surveillance and spyware, and online harassment, and coercion, such as harassment of, or threats of harm to, family and associates both in and outside the United States.

Prior/Related Legislation

SB 74 (Dodd, 2023) would have prohibited the use of certain social media platforms on a state-owned electronic device if an entity of concern or country of concern, as defined, directly or indirectly owns or controls that social media platform, as specified. (Gutted and Amended into an Unrelated Issue)

AB 640 (Frazier, Chapter 177, Statutes of 2019) requires the training course developed by the advisory committee within OES for district attorneys on the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse, to also include training on the investigation and prosecution of sexual abuse cases involving victims with developmental disabilities.

SB 833 (McGuire, Chapter 617, Statutes of 2018) among other things, requires OES, within six months of developing statewide voluntary guidelines for alerting and warning the public of an emergency, and through CSTI, to develop an alert and warning training, as specified.

AB 2384 (Gallagher, Chapter 268, Statutes of 2016) requires OES to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

California Police Chiefs Association

California State Sheriff’s Association

Sikh American Legal Defense & Education Fund

The Sikh Coalition

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: In support of the bill, the Sikh American Legal Defense & Education Fund writes that, “[t]ransnational repression is a growing and insidious threat to Sikh Americans, as well as other diaspora groups from Iran, China, and Russia. As the 2022 Freedom House report reveals, ‘operations by foreign intelligence agents have significantly intensified in recent years.’ Authoritarian regimes are taking aggressive measures to silence critics and dissidents.”

Further, “AB 3027 addresses an important gap in the current approach to addressing transnational repression – the need for robust and coordinated federal-state cooperation. By placing the responsibility for addressing transnational repression within [OES], the state ensures that incidents and education are addressed in a consistent and coordinated fashion across the state.”

Additionally, the California State Sheriff’s Association and the California Police Chiefs Association write that, “[a]s the bill’s findings note: ‘Transnational repression is a threat to individuals, democratic institutions, the exercise of rights and freedoms, and national security and sovereignty.’ Ensuring that it is the policy of the state of California to protect its denizens against transnational repression and providing for appropriate training to allow governmental officials to have the necessary tools to fight this scourge are worthy goals.”

DUAL REFERRAL: Senate Public Safety Committee (5-0) & Senate Governmental Organization Committee

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 3027 Hearing Date: June 18, 2024

Subject: Crime: transnational repression

HISTORY

Source: Author

Support: California Police Chiefs Association; California State Sheriffs' Association; Sikh American Legal Defense and Education Fund (SALDEF)

Opposition: None known

Assembly Floor Vote: 72 - 0

PURPOSE

The purpose of this bill is to make various legislative declarations regarding transnational repression and to require the California Office of Emergency Services (Cal OES) through its California Specialized Training Institute (CSTI) to develop a transnational repression recognition and response training in consultation with the Commission on Peace Officer Standards and Training (POST).

Existing law establishes Cal OES within the Office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (Gov. Code, § 8550)

Existing law requires Cal OES to coordinate the emergency activities of all state agencies in connection with an emergency, and requires every state agency and officer to cooperate with Cal OES in rendering all possible assistance in carrying out its duties, as specified. (Gov. Code, § 8587, subd. (a).)

Existing law establishes the CSTI in Cal OES, to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for disaster. (Gov. Code, § 8588.3, subd. (b).)

Existing law establishes the Curriculum Development Advisory Committee to recommend criteria for terrorism awareness curriculum content to meet the training needs of state and local emergency response personnel and volunteers, and to make recommendations pertaining to training oversight agencies for first responders. (Gov. Code, § 8588.12, subd. (a).)

Existing law specifies that Cal OES shall be considered a law enforcement organization as required for receipt of specified criminal intelligence information by persons employed by Cal OES whose duties and responsibilities require the authority to access criminal intelligence information. (Gov. Code, § 8585, subd. (c).)

Existing law requires POST, in consultation with subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. (Pen. Code, § 13519.6, subd. (a).)

Existing law provides that the Department of Homeland Security (DHS), under the federal Homeland Security Act of 2002, has responsibility for integrating law enforcement and intelligence information relating to terrorist threats to the homeland. (6 U.S.C. § 111.)

Existing law provides that it is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (22 U.S.C. § 263b.)

Existing law requires the U.S. Secretary of State to transmit to the Speaker of the House of Representatives and Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report that includes, where applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of:

• • Incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders;
  • Countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts;
  • The tactics used by governments of specified countries, including the actions identified and any new techniques observed;
  • In the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of specified countries for such actions; and
  • Groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur. (22 U.S.C. § 2151n, subd. (d)(14).)

This bill provides that by July 1, 2026, Cal OES, through its California Specialized Training Institute (“CSTI”) and in consultation with the Commission on Peace Officer Standards and Training (“POST”), shall develop a transnational repression recognition and response training.

This bill provides that this training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments.

This bill provides that the training shall include, but not be limited to:

• How to identify different tactics of transnational repression in physical and nonphysical forms.
• Identifying governments that are known to employ transnational repression, including not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cybertools frequently used to carry out transnational repression activities.
• Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
• Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as The International Criminal Police Organization -- Interpol.
• Any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.

This bill defines “human rights” for the purposes of this bill, as “the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States, in whole or in part”.

This bill defines “transnational repression” for the purposes of this bill, as “any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights. Including the gathering of information about individuals in diaspora or exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights.”

This bill makes specified legislative findings and declarations pertaining to transnational repression including that:

• Transnational repression against individuals and organizations that live outside their countries of origin, prominent or vocal antiregime figures, and persons who provide aid and support to dissidents and religious and ethnic minority communities is a human rights violation that seeks to stifle dissent and enhance control over exile, activist, emigrant, and diaspora communities.
• Transnational repression is any action taken by government officials, diplomatic personnel, and proxies through acts such as extrajudicial killings, physical assaults, unexplained disappearances, physical or online surveillance or stalking, intimidation, digital threats, such as cyberattacks, targeted surveillance and spyware, and online harassment, and coercion, such as harassment of, or threats of harm to, family and associates both in and outside the United States.
• Transnational repression is a threat to individuals, democratic institutions, the exercise of rights and freedoms, and national security and sovereignty.
• Governments, including, but not limited to, Russia, Iran, China, and India, increasingly rely on transnational repression as their consolidation of control at home pushes dissidents abroad.
• 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, including individuals radicalized by state-sponsored propaganda or ideology that targets ethnic or religious minorities.
• 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.
• It is the policy of the State of California to do all of the following:
  • 1. Protect persons and organization in the state from transnational repression.
    2. Pursue criminal prosecutions, as appropriate, against those who engage in transnational repression.
    3. Provide support services for victims and communities that may credibly be targeted in transnational repression.
    4. Meaningfully hold accountable foreign governments engaged in transnational repression and limit their ability to influence state policy or public opinion.
    5. Coordinate actions to enhance and complement any federal laws or regulations related to transnational repression.

COMMENTS

1. Need for This Bill

According to the Author:

The human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before.

In my own Sikh community we have experienced transnational repression. The Indian government was credibly linked to the assassination of a, prominent Sikh activist in Toronto, Canada. Another assassination plot against Sikh leaders by an Indian government official took place right here in California, but thankfully law enforcement intervened to prevent more death. The United States and California should be a haven anyone who has fled their country in search of a safer home with the protections and freedoms we have all come to know and love. Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home. AB 3027 is groundbreaking legislation that will prevent future harm, support victims, and hold foreign governments accountable when they target Californians.

1. Transnational Repression

In a written testimony given to the United States’ Senate Foreign Relations Committee for their hearing regarding transnational repression and its threat to global rights and security, Freedom House clarified that “transnational repression occurs when states reach across borders to silence dissent from activists, journalists, and others living in exile, perpetrator states do so using intimidation and violence”. The testimony also describes how the federal government is responding to the increasingly prominent threat on US soil:

“Authorities, particularly at the federal level, are increasingly aware of the threat of transnational repression within the United States, and have taken steps to prevent the worst of it: assassination attempts, rendition, and assault. However, property damage, stalking, and intimidation still occur, causing severe disruption to people’s lives. The Departments of Homeland Security, Justice, and State, as well as the Federal Bureau of Investigation (FBI) are part of a recently launched “whole-of-government” approach to this issue, which is being coordinated by the National Security Council. Significant effort has been expended to make federal law enforcement practices more responsive to the threat of transnational repression, deploy targeted sanctions to hold perpetrators accountable, and prosecute those engaging in the most aggressive campaigns. Important action has also been taken by Congress, including passage of legislation to help end the authoritarian practice of misusing Interpol to target critics.” (Freedom House, Unsafe in America: Transnational Repression in the United States)

Federal law does not currently define “transnational repression”, however, there are two bills, pending in Congress that would define this term, improve the tracking of transnational repression incidents, and develop policies and training materials to better recognize and respond to incidents of transnational repression. (H.R. 3654 – 118th Congress (2023-2024). and (S. 831 – 118th Congress (2023-2024). For example, H.R. 3654 defines “transnational repression” as “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.”

1. Maintaining Consistency with Federal Law

Given that transnational repression is largely within the jurisdiction of the federal government and that there are multiple pieces of federal legislation that would define transnational repression, establish federal training procedures, and provide guidance on transnational repression recognition and response, it may be prudent for California to wait for federal legislative guidance before enacting legislation in this space. Defining and establishing state trainings on transnational repression before the federal government has acted carries a risk of creating statutory provisions, or state training guidelines, that are inconsistent with federal law. For example, AB 3027 defines transnational repression as “any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights.” This definition is substantially similar to the current definitions of transnational repression contained in the pending federal legislation. However, this definition is distinct from H.R. 2654, which does not include “organizations that advocate for individuals in diaspora and exile communities” within the definition of persons that can be subject to transnational repression. Given that both the federal bills are still in their respective houses, their definitions of transnational repression and associated recognition and response tactics may change. Due to the potential for inconsistencies between this bill and potential federal legislation, the author may wish to consider adding amendment language conditioning the effectiveness of this bill on federal action or otherwise clarifying that the Cal OES training and definition of transnational repression this bill proposes should be updated to reflect future federal legislative action. Lastly, the author may wish to remove the definition of “human rights” in this bill, since the legislative language does not contain any references to human rights.

1. Argument in Support

According to Sikh American Legal Defense and Education Fund (SALDEF):

[…] Transnational repression is a growing and insidious threat to Sikh Americans, as well as other diaspora groups from Iran, China, and Russia. As the 2022 Freedom House report reveals, “operations by foreign intelligence agents have significantly intensified in recent years”. Authoritarian regimes are taking aggressive measures to silence critics and dissidents. We share Assembly Member Bains’ concerns over transnational repression and strongly believe that A.B. 3027 has the potential to protect the basic constitutional rights of Sikhs living in California.

Importantly, A.B. 3027 addresses an important gap in the current approach to addressing transnational repression - the need for robust and coordinated federal-state cooperation. By placing the responsibility for addressing transnational repression within the Office of Emergency Services (Cal OES), the state ensures that incidents and education are addressed in a consistent and coordinated fashion across the state.

[…] By centralizing responsibility to address transnational repression within Cal OES, A.B. 3027 ensures there will be consistent coordination between federal, state, and local agencies. As transnational repression involves a significant federal response and related incidents occur around the state, as evidenced by the Sikh experience, having a statewide agency leading the efforts is the most appropriate way to ensure a consistent response and marshal appropriate resources for victims and organizations.

Cal OES has deep experience serving as the coordinator between federal, state, and local agencies in response to different threats to Californians and their property. In such a complex issue environment, their experience will be an asset to impacted communities. Further, Cal OES has a proven track record in training, educating, and developing resources for the public and local agencies.

Creating educational resources in coordination with the California Commission on Peace Officer Standards and Training (POST) system is an appropriate way to ensure that impacted agencies receive an appropriate understanding of transnational repression. As SALDEF’s experience and research indicates, there is a significant gap in the ability of local law enforcement to identify, prevent, and appropriately respond to incidents of transnational repression.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 3027

Author:(Bains)

As Amended Ver:April 17, 2024

Majority vote

SUMMARY

Defines "transnational repression" in state law and requires the Office of Emergency Services ("Cal OES") to develop a transnational repression recognition and response training.

Major Provisions

1. Provides that by July 1, 2026, Cal OES, through its California Specialized Training Institute ("CSTI") and in consultation with the Commission on Peace Officer Standards and Training ("POST"), shall develop a transnational repression recognition and response training.
2. Provides that this training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments.
3. Provides that the training shall include, but not be limited to:
   1. How to identify different tactics of transnational repression in physical and nonphysical forms.
   2. Those governments that are known to employ transnational repression, including but not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cyber-tools frequently used to carry out transnational repression activities.
   3. Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
   4. Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as The International Criminal Police Organization ("INTERPOL").
   5. Any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.
4. Defines "human rights" for the purposes of this bill, as "the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States in whole or in part."
5. Defines "transnational repression" for the purposes of this bill, as "any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights. "Transnational repression” includes gathering information about individuals in diaspora or exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights."
6. Makes specified findings and declarations pertaining to transnational repression.

COMMENTS

According to the Author

According to the author, "The human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before.

"In my own Sikh community we have experienced transnational repression. The Indian government was credibly linked to the assassination of a, prominent Sikh activist in Toronto, Canada. Another assassination plot against Sikh leaders by an Indian government official took place right here in California, but thankfully law enforcement intervened to prevent more death. The United States and California should be a haven for anyone who has fled their country in search of a safer home with the protections and freedoms we have all come to know and love. Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home. AB 3027 is groundbreaking legislation that will prevent future harm, support victims, and hold foreign governments accountable when they target Californians."

Arguments in Support

According to the California State Sheriff's Association "Ensuring that it is the policy of the state of California to protect its denizens against transnational repression and providing for appropriate training to allow governmental officials to have the necessary tools to fight this scourge are worthy goals."

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Costs to CalOES (General Fund) of an unknown but potentially significant amount to develop the required training and update the training on an ongoing basis. Costs may exceed $150,000 in additional if the workload added by this bill requires CalOES to hire additional staff. According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years."

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM EMERGENCY MANAGEMENT: 8-0-0

YES: Rodriguez, Arambula, Bennett, Boerner, Calderon, Wendy Carrillo, Davies, Waldron

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 17, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0003110

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 3027

Author:(Bains) – As Amended Ver:April 17, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Office of Emergency Services (CalOES) to develop a transnational repression recognition and response training, and requires CalOES to regularly update the training to address emerging threats and information on tactics used by foreign governments.

FISCAL EFFECT:

Costs to CalOES (General Fund) of an unknown but potentially significant amount to develop the required training and update the training on an ongoing basis. Costs may exceed $150,000 in additional if the workload added by this bill requires CalOES to hire additional staff. According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

The human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before. In my own Sikh community, we have experienced transnational repression…Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home.

1. Background. “Transnational repression” refers to actions taken by a foreign government to harass, threaten, and intimidate its current and former citizens and members of the foreign country’s diaspora. This bill requires CalOES to develop, in consultation with the Commission on Peace Officer Standards and Trainings, a training that identifies different tactics of transnational repression, governments that are known to employ transnational repression, best practices for local and state law enforcement prevention and response, and information about communities targeted by transnational repression and misinformation perpetuated by foreign governments.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 22, 2024

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 3027 (

Author:Bains) – As Amended Ver:April 17, 2024

SUBJECT: Crime: transnational repression

SUMMARY: Defines “transnational repression” in state law and requires the Office of Emergency Services (Cal OES) to develop a transnational repression recognition and response training. Specifically, this bill:

1. Makes the following legislative declarations:
   1. Transnational repression involves targeting individuals and organizations living outside their countries of origin, especially those who are prominent or vocal anti-regime figures, as well as those aiding dissidents and religious or ethnic minority communities. It seeks to stifle dissent and control exile, activist, emigrant, and diaspora communities.
   2. This repression includes actions taken by government officials, diplomats, and proxies such as extrajudicial killings, physical assaults, disappearances, surveillance, cyber threats, targeted harassment, and coercion against individuals and their families both in and outside the United States.
   3. Transnational repression poses a threat to individuals, democratic institutions, the exercise of rights and freedoms, and national security and US sovereignty.
   4. Governments such as Russia, Iran, China, and India increasingly use transnational repression to consolidate control, especially as dissent is pushed abroad. Digital technologies enable new forms of censoring, surveilling, and targeting individuals across borders.
   5. California's policy aims to protect persons and organizations from transnational repression through criminal prosecutions, as appropriate, against perpetrators, support services for victims and targeted communities, and holding foreign governments accountable and limiting their ability to influence state policy or public opinion.
   6. State policy will enhance and complement any federal laws or regulations that may be issued.
2. Provides that by July 1, 2026, Cal OES, through its California Specialized Training Institute (CSTI) and in consultation with the Commission on Peace Officer Standards and Training (POST), shall develop a transnational repression recognition and response training.
3. Provides that this training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments.
4. Provides that the training shall include, but not be limited to:
   1. How to identify different tactics of transnational repression in physical and nonphysical forms.
   2. Those governments that are known to employ transnational repression, including but not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cyber-tools frequently used to carry out transnational repression activities.
   3. Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
   4. Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as The International Criminal Police Organization (INTERPOL).
   5. Any guidance, best practices, definitions, or identified trends or threats issued by federal authorities on national security and public safety.
5. Defines “human rights” for the purposes of this bill, as “the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States in whole or in part.”
6. Defines “transnational repression” for the purposes of this bill, as “any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights. “Transnational repression” includes gathering information about individuals in diaspora or exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights.”

EXISTING LAW:

1. Provides that the Department of Homeland Security (DHS), under the federal Homeland Security Act of 2002, has responsibility for integrating law enforcement and intelligence information relating to terrorist threats to the homeland. (6 U.S.C. § 111.)
2. Provides that it is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (22 U.S.C. § 263b.)
3. Requires the U.S. Secretary of State to transmit to the Speaker of the House of Representatives and Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report that includes, where applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of:
   1. Incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders;
   2. Countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts;
   3. The tactics used by governments of specified countries, including the actions identified and any new techniques observed;
   4. In the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of specified countries for such actions; and
   5. Groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur. (22 U.S.C. § 2151n, subd. (d)(14).)
4. Establishes Cal OES within the Office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (Gov. Code, § 8550)
5. Requires Cal OES to coordinate the emergency activities of all state agencies in connection with an emergency, and requires every state agency and officer to cooperate with Cal OES in rendering all possible assistance in carrying out its duties, as specified. (Gov. Code, § 8587, subd. (a).)
6. Establishes the CSTI in Cal OES, to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for disaster. (Gov. Code, § 8588.3, subd. (b).)
7. Establishes the Curriculum Development Advisory Committee to recommend criteria for terrorism awareness curriculum content to meet the training needs of state and local emergency response personnel and volunteers, and to make recommendations pertaining to training oversight agencies for first responders. (Gov. Code, § 8588.12, subd. (a).)
8. Specifies that Cal OES shall be considered a law enforcement organization as required for receipt of specified criminal intelligence information by persons employed by Cal OES whose duties and responsibilities require the authority to access criminal intelligence information. (Gov. Code, § 8585, subd. (c).)
9. Requires POST, in consultation with subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. (Pen. Code, § 13519.6, subd. (a).)

FISCAL EFFECT: This bill has not been analyzed by a fiscal committee.

COMMENTS:

Author’s Statement: According to the author, "The human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before.

In my own Sikh community, we have experienced transnational repression. The Indian government was credibly linked to the assassination of a prominent Sikh activist in Toronto, Canada. Another assassination plot against Sikh leaders by an Indian government official took place right here in California, but thankfully law enforcement intervened to prevent more death. The United States and California should be a haven for anyone who has fled their country in search of a safer home with the protections and freedoms we have all come to know and love. Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home. AB 3027 is groundbreaking legislation that will prevent future harm, support victims, and hold foreign governments accountable when they target Californians.”

Transnational Repression: “Authorities, particularly at the federal level, are increasingly aware of the threat of transnational repression within the United States, and have taken steps to prevent the worst of it: assassination attempts, rendition, and assault. However, property damage, stalking, and intimidation still occur, causing severe disruption to people’s lives. The Departments of Homeland Security, Justice, and State, as well as the Federal Bureau of Investigation (FBI) are part of a recently launched “whole-of-government” approach to this issue, which is being coordinated by the National Security Council. Significant effort has been expended to make federal law enforcement practices more responsive to the threat of transnational repression, deploy targeted sanctions to hold perpetrators accountable, and prosecute those engaging in the most aggressive campaigns. Important action has also been taken by Congress, including passage of legislation to help end the authoritarian practice of misusing Interpol to target critics.” (Freedom House, Unsafe in America: Transnational Repression in the United States)

Federal law does not currently define “transnational repression”, however there are two bills pending in Congress that would define this term, improve the tracking of transnational repression incidents, and develop policies and training materials to better recognize and respond to incidents of transnational repression. (See H.R. 3654 – 118th Congress (2023-2024); S. 831 – 118th Congress (2023-2024).) For example, H.R. 3654 defines “transnational repression” as “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.”

Effect of this Bill: AB 3027 seeks to provide California law enforcement with training on transnational repression recognition and response, by requiring Cal OES, in consultation with POST, to develop a training that identifies: 1) different tactics of transnational repression; 2) governments that are known to employ transnational repression; 3) best practices for appropriate local and state law enforcement prevention, reporting, and response tactics; and 4) information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments. This bill additionally defines human rights and transnational repression for purposes of this bill. Notably, the issue of transnational repression is largely within the jurisdiction of federal law enforcement agencies. This being said, providing California law enforcement with materials on how to recognize and respond to transnational repression may promote more effectiveness responses to incidents of transnational repression at the state and local level, particularly in those instances where federal law enforcement is unware of, or otherwise not involved in, said incidents.

Equity Impact: Immigrants and diaspora communities have a right to safety in this country. Threats to this population by external governments or their proxies violates the freedoms they are meant to enjoy and creates safety inequities. That recent attacks have included deaths or near deaths credibly termed assassinations is cause for particular concern. It behooves the state to empower local law enforcement, who are the first line of defense for the public, to be able to identify and address transnational repression in the vulnerable communities they protect.

Maintaining Consistency with Federal Law: Given its international scope, transnational repression is largely within the jurisdiction of the federal government. There are two current bills in Congress, H.R. 3654 and S. 831, which would define transnational repression, establish federal training procedures, and provide guidance on transnational repression recognition and response. Given the sometimes protracted timelines for passing federal legislation, the author does not wish to wait for federal legislative guidance before enacting state legislation in this space. There is a risk with this tactic that California will establish statutory provisions that become inconsistent with federal law. For example, the definition of who can be targeted by transnational repression in AB 3027 includes “organizations that advocate for individuals in diaspora and exile communities”, and the definitions in H.R. 3654 and S. 831 does not include organizations, only individuals.

Based on feedback received in the previous committee, the author included new provisions in this bill which are meant to allow state procedures and trainings to be responsive to future federal legislation. The first amendment requires the Cal OES training to incorporate any new federal guidance, identified threats, and rules into the next training update. The second amendment states that California law in this space must complement or enhance federal laws. Within this framework, it will still be up to legislators whether a more expansive definition of transnational repression counts as ‘a complement or enhancement’.

Argument in Support: According to the California State Sheriff’s Association “ Ensuring that it is the policy of the state of California to protect its denizens against transnational repression and providing for appropriate training to allow governmental officials to have the necessary tools to fight this scourge are worthy goals.”

According to the Sikh American Legal Defense and Education Fund: “As the 2022 Freedom House report reveals, “operations by foreign intelligence agents have significantly intensified in recent years”. Authoritarian regimes are taking aggressive measures to silence critics and dissidents... A.B. 3027 addresses an important gap in the current approach to addressing transnational repression - the need for robust and coordinated federal-state cooperation.”

Argument in Opposition: None on file.

Prior Legislation: AB 640 (Frazier), Chapter 177, Statutes of 2019: Requires the training course developed by the advisory committee within Cal OES for district attorneys on the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse, to also include training on the investigation and prosecution of sexual abuse cases involving victims with developmental disabilities.

SB 833 (McGuire), Chapter 617, Statutes of 2018: Requires Cal OES, in consultation with specified stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires OES, through its CSTI to develop an alert and warning training, as specified.

AB 2384 (Gallagher), Chapter 268, Statutes of 2016: Requires Cal OES to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.

Double Referral: This bill was previously heard by the Assembly Public Safety Committee where it passed with a vote of 8-0.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association
Sikh American Legal Defense and Education Fund (SALDEF)

Opposition

None on file.

Analysis Prepared by: Sarina Patel / E.M. / (916) 319-3490

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 3027

Author:(Bains) – As Amended Ver:April 1, 2024

AS PROPOSED TO BE AMENDED IN COMMITTEE

SUMMARY:

Defines “transnational repression” in state law and requires the Office of Emergency Services (“Cal OES”) to develop a transnational repression recognition and response training. Specifically, this bill:

1. Provides that by July 1, 2026, Cal OES, through its California Specialized Training Institute (“CSTI”) and in consultation with the Commission on Peace Officer Standards and Training (“POST”), shall develop a transnational repression recognition and response training.
2. Provides that this training shall be regularly updated to address emerging threats and specific information on tactics used by specific foreign governments.
3. Provides that the training shall include, but not be limited to:
   1. How to identify different tactics of transnational repression in physical and nonphysical forms.
   2. Those governments that are known to employ transnational repression, including but not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other cyber-tools frequently used to carry out transnational repression activities.
   3. Best practices for appropriate local and state law enforcement prevention, reporting, and response tactics.
   4. Information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments, including, but not limited to, improper labeling of dissidents as terrorist threats and notice abuses effectuated through international law enforcement cooperatives, such as The International Criminal Police Organization (“INTERPOL”).
4. Defines “human rights” for the purposes of this bill, as “the free exercise or enjoyment of any right or privilege secured to an individual by the California Constitution or laws of this state or by the United States Constitution or laws of the United States in whole or in part.”
5. Defines “transnational repression” for the purposes of this bill, as “any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights. “Transnational repression” includes gathering information about individuals in diaspora or exile communities, or organizations that advocate for individuals in diaspora and exile communities, on behalf of a foreign government with the intent to use that information to harass, intimidate, or harm an individual in order to prevent their exercise of their human rights.”
6. Makes specified findings and declarations pertaining to transnational repression.

EXISTING FEDERAL LAW

1. Provides that the Department of Homeland Security (DHS), under the federal Homeland Security Act of 2002, has responsibility for integrating law enforcement and intelligence information relating to terrorist threats to the homeland. (6 U.S.C. § 111.)
2. Provides that it is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. (22 U.S.C. § 263b.)
3. Requires the U.S. Secretary of State to transmit to the Speaker of the House of Representatives and Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report that includes, where applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of:
   1. Incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders;
   2. Countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts;
   3. The tactics used by governments of specified countries, including the actions identified and any new techniques observed;
   4. In the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of specified countries for such actions; and
   5. Groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur. (22 U.S.C. § 2151n, subd. (d)(14).)

EXISTING STATE LAW:

1. Does not define or address “transnational repression.”
2. Establishes Cal OES within the Office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (Gov. Code, § 8550)
3. Requires Cal OES to coordinate the emergency activities of all state agencies in connection with an emergency, and requires every state agency and officer to cooperate with Cal OES in rendering all possible assistance in carrying out its duties, as specified. (Gov. Code, § 8587, subd. (a).)
4. Establishes the CSTI in Cal OES, to assist the Governor in providing training to state agencies, cities, and counties in their planning and preparation for disaster. (Gov. Code, § 8588.3, subd. (b).)
5. Establishes the Curriculum Development Advisory Committee to recommend criteria for terrorism awareness curriculum content to meet the training needs of state and local emergency response personnel and volunteers, and to make recommendations pertaining to training oversight agencies for first responders. (Gov. Code, § 8588.12, subd. (a).)
6. Specifies that Cal OES shall be considered a law enforcement organization as required for receipt of specified criminal intelligence information by persons employed by Cal OES whose duties and responsibilities require the authority to access criminal intelligence information. (Gov. Code, § 8585, subd. (c).)
7. Requires POST, in consultation with subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. (Pen. Code, § 13519.6, subd. (a).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "The human rights of dissidents and religious and ethnic minorities are increasingly under attack from hostile governments. These governments seek to intimidate and stifle any dissent, and their tactics have ranged from harassment to threats and even murder. The rise of social media and the interconnectedness of our online presence has made the tools of harassment and intimidation easier than ever before.

In my own Sikh community we have experienced transnational repression. The Indian government was credibly linked to the assassination of a, prominent Sikh activist in Toronto, Canada. Another assassination plot against Sikh leaders by an Indian government official took place right here in California, but thankfully law enforcement intervened to prevent more death. The United States and California should be a haven for anyone who has fled their country in search of a safer home with the protections and freedoms we have all come to know and love. Recognizing transnational repression and training our law enforcement to identify and prevent them is critical to protecting the many refugees and exiles who call our state home. AB 3027 is groundbreaking legislation that will prevent future harm, support victims, and hold foreign governments accountable when they target Californians.”

1. Transnational Repression: “Authorities, particularly at the federal level, are increasingly aware of the threat of transnational repression within the United States, and have taken steps to prevent the worst of it: assassination attempts, rendition, and assault. However, property damage, stalking, and intimidation still occur, causing severe disruption to people’s lives. The Departments of Homeland Security, Justice, and State, as well as the Federal Bureau of Investigation (FBI) are part of a recently launched “whole-of-government” approach to this issue, which is being coordinated by the National Security Council. Significant effort has been expended to make federal law enforcement practices more responsive to the threat of transnational repression, deploy targeted sanctions to hold perpetrators accountable, and prosecute those engaging in the most aggressive campaigns. Important action has also been taken by Congress, including passage of legislation to help end the authoritarian practice of misusing Interpol to target critics.” Freedom House, Unsafe in America: Transnational Repression in the United States. Available at: <https://freedomhouse.org/report/transnational-repression/united-states> [as of April 4, 2024].)

Federal law does not currently define “transnational repression”, however, there are two bills, pending in Congress that would define this term, improve the tracking of transnational repression incidents, and develop policies and training materials to better recognize and respond to incidents of transnational repression. (See H.R. 3654 – 118th Congress (2023-2024). Available at: < https://www.congress.gov/bill/118th-congress/house-bill/3654> [as of April 4, 2024]; S. 831 – 118th Congress (2023-2024). Available at: < https://www.congress.gov/bill/118th-congress/senate-bill/831/text>[as of April 4, 2024].) For example, H.R. 3654 defines “transnational repression” as “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.”

1. Effect of this Bill: AB 3027 seeks to provide California law enforcement with training on transnational repression recognition and response, by requiring Cal OES, in consultation with POST, to develop a training that identifies: 1) different tactics of transnational repression; 2) governments that are known to employ transnational repression; 3) best practices for appropriate local and state law enforcement prevention, reporting, and response tactics; and 4) information about communities targeted by transnational repression and misinformation that may be perpetuated by foreign governments. This bill additionally defines human rights and transnational repression for purposes of this bill. Notably, the issue of transnational repression is largely within the jurisdiction of federal law enforcement agencies. This being said, providing California law enforcement with materials on how to recognize and respond to transnational repression may promote more effectiveness responses to incidents of transnational repression at the state and local level, particularly in those instances where federal law enforcement is unware of, or otherwise not involved in, said incidents.
2. Maintaining Consistency with Federal Law: Given that transnational repression is largely within the jurisdiction of the federal government and that there are multiple pieces of federal legislation that would define transnational repression, establish federal training procedures, and provide guidance on transnational repression recognition and response, it may be prudent for California to wait for federal legislative guidance before enacting legislation in this space. Defining and establishing state trainings on transnational repression before the federal government has acted carries a risk of creating statutory provisions, or state training guidelines, that are inconsistent with federal law. For example, AB 3027 defines transnational repression as “any action by a foreign government or an agent of a foreign government involving the transgression of national borders through physical, digital, or analog means in order to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities, or organizations that advocate for individuals in diaspora and exile communities, in order to prevent the exercise of their human rights.” This definition is substantially similar to the current definitions of transnational repression contained in the pending federal legislation. However, this definition is distinct from H.R. 2654, which does not include “organizations that advocate for individuals in diaspora and exile communities” within the definition of persons that can be subject to transnational repression. Given that both the federal bills are still in their respective houses, their definitions of transnational repression and associated recognition and response tactics may change. Due to the potential for inconsistencies between this bill and potential federal legislation, the author may wish to consider adding amendment language conditioning the effectiveness of this bill on federal action or otherwise clarifying that the Cal OES training and definition of transnational repression this bill proposes should be updated to reflect future federal legislative action. Lastly, the author may wish to remove the definition of “human rights” in this bill, since the legislative language does not contain any references to human rights.
3. Argument in Support: According to the California State Sheriff’s Association “ Ensuring that it is the policy of the state of California to protect its denizens against transnational repression and providing for appropriate training to allow governmental officials to have the necessary tools to fight this scourge are worthy goals.”
   
4. Argument in Opposition: None.
   
5. Related Legislation: None.
   
6. Prior Legislation:
   1. AB 640 (Frazier), Chapter 177, Statutes of 2019, requires the training course developed by the advisory committee within Cal OES for district attorneys on the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse, to also include training on the investigation and prosecution of sexual abuse cases involving victims with developmental disabilities.
   2. SB 833 (McGuire), Chapter 617, Statutes of 2018, requires Cal OES, in consultation with specified stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires OES, through its CSTI to develop an alert and warning training, as specified.
   3. AB 2384 (Gallagher), Chapter 268, Statutes of 2016, requires Cal OES to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sherriff’s Association

Opposition: None

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744