Diplomatic action plan and cases of concern determinations

(a) Diplomatic action plan Not later than 60 days after the enactment of this Act, the Secretary of State shall develop the following: (1) A list of cases of concern that includes— (A) United States nationals detained in the People’s Republic of China who have not been designated as wrongfully detained; and (B) family members of United States nationals detained in the People’s Republic of China for the reasons found in section 3(2)(B); and (2) A diplomatic action plan that includes, at a minimum, the following elements: (A) Designation of an official or officials within the Department of State to coordinate the diplomatic activities and to serve as the regular point of contact for the families of those determined to be cases of concern. (B) Guidance for United States Government officials, as necessary, on the legal, diplomatic, and public diplomacy efforts that should be undertaken on behalf of cases of concern. (C) An exploration of options for increased diplomatic action to secure the release of detained United States nationals, including a determination on expanded use of the International Prison Transfer Program (IPTP) and, an explanation of why allied nations, who do not have a prisoner transfer treaty with the People’s Republic of China, nonetheless initiate prisoner transfer proceedings under the People’s Republic of China’s Law of International Judicial Cooperation in Criminal Matters. (D) A review of international cooperation efforts and whether coordination efforts expand the tools available to the United States to ostracize and hold accountable states that hold United States nationals for diplomatic leverage or to censor or intimidate a United States national. (E) A review of the available authorities to respond to the detention of cases of concern, including an explanation why humanitarian release mechanism is not used more often to gain the release of detained Americans. (F) A review of existing authorities to hold accountable People’s Republic of China officials responsible for the unjust detentions of Americans, including those responsible for the torture and mistreatment of Americans while they are detained. (G) A plan to address the use of exit bans targeting United States citizens used to punish, gain economic concessions, or force voluntary repatriation of a United States resident. (H) Establishment of a timetable and a specific process to review new cases of concern where there is credible information that a United States national or a family member of a United States national is being unjustly detained in the People’s Republic of China. New cases for review shall be identified by the Assistant Secretary of State for Consular Affairs, the Assistant Secretary of State for Democracy, Human Rights, and Labor, the Special Presidential Envoy for Hostage Affairs, or the head of any other relevant bureau of the Department of State, in consultation with information provided by family members or other credible sources regarding individuals detained in the People’s Republic of China. (b) Report (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a classified report with an unclassified section with basic facts about the unjust detentions of Americans in China and recommendations for Congressional action that includes— (A) the current number of known United States nationals detained in the People’s Republic of China; (B) the number of United States nationals determined to be wrongfully detained in the People’s Republic of China; (C) the number of United States nationals on the cases of concern list required by this section; (D) the number of family members of United States nationals included among the cases of concern and detained for the reasons described in section 3(2)(B) of this Act; (E) the current number of United States citizens facing exit bans in the People’s Republic of China that are known to the Department of State; (F) basic facts about the cases of concern and the exit ban cases; (G) a description of specific action taken on behalf of individuals included on the cases of concern list and options for increased diplomatic action to secure their release; (H) a description of actions taken to address the cases of individuals facing exit bans; (I) the timeline and process for reviewing cases to add to the cases of concern list; (J) strategies for reducing the number of United States nationals facing exit bans; (K) a strategy for more consistent and expanded use of the International Prison Transfer Program (IPTP), and an explanation of why allied nations, who do not have a prisoner transfer treaty with the People’s Republic of China, nonetheless initiate prisoner transfer proceedings under the People’s Republic of China’s Law of International Judicial Cooperation in Criminal Matters; (L) a strategy for reducing overall the number of United States nationals detained and reducing the frequency of prisoner exchanges; (M) a list of sanctions or other actions taken to hold accountable PRC officials responsible for the unjust detention of Americans citizens and those responsible for the torture and mistreatment of Americans while detained in China; and (N) recommendation for congressional action, including additional statutory authorities or appropriations to support or strengthen the objectives of this Act, and if additional appropriations are requested, a justification for such funds, including a description of how they would be allocated and expected outcomes. (2) Form The report required in this subsection shall be submitted as a classified report, with an unclassified annex that includes basic facts about the cases of concern and exit bans cases and recommendations for Congressional action. After an initial standalone report, the report may be combined with the annual report required by section 302(c) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741(c)). (3) Sunset The report required in this subsection shall sunset 3 years after the first report is submitted to the appropriate Congressional committees.