Sec. 4. Interagency strategy
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Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Federal departments and agencies, shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on the Judiciary of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that contains a United States strategy— to increase international awareness of transnational repression; to raise the costs borne by governments engaging in transnational repression by holding such governments accountable and protecting targeted individuals and groups; and to increase collaboration and coordination concerning transnational repression with like-minded allies and partners and in multilateral venues and international organizations.
The strategy required under subsection
(a)shall include— a strategy for advancing joint initiatives in multilateral and international organizations to expand awareness, accountability, and best practices to mitigate and build capacity to counter transnational repression; a plan for establishing or strengthening regional and international coalitions to monitor and respond to cases of transnational repression, including reprisals faced by human rights defenders and other activists for engaging at multilateral organizations, such as the United Nations; an analysis of the advantages and disadvantages of the designation of a special rapporteur for transnational repression appointed by the Secretary-General of the United Nations; a plan for engaging with foreign diplomatic or consular missions in the United States whose personnel abuse intimidate, threaten, attack, or undermine the human rights and fundamental freedoms of exiles and members of diasporas in the United States; and a description of the public affairs and public diplomacy efforts, including at multilateral institutions and international exchanges, to be used to draw critical attention to, and oppose acts of, transnational repression. The strategy shall include sufficient funding for civil society and nongovernmental organizations that support victims of transnational repression and conduct research and analysis of global trends and incidents of transnational repression. The strategy shall— consider updates to United States law to address tactics of transnational repression, including— the criminalization of gathering information about private individuals in diaspora and exile communities on behalf of, or enabling the ability of, a foreign government to harass, intimidate, or harm an individual due to membership in such a community; and the expansion of the definition of foreign agents under the Foreign Registrations Act of 1938 ( 22 U.S.C. 611 et seq. ) and section 951 of title 18, United States Code; coordinate between the Federal Bureau of Investigation, the Department of State, the Department of Homeland Security, United States intelligence agencies, and domestic law enforcement agencies in partner countries, including options for countering the use of surveillance technology and export licensing policy in transnational repression; consider unintended negative impacts of expanded legal authorities on the civil liberties of communities targeted by transnational repression, taking into account the views of affected communities; develop outreach strategies to connect law enforcement and local municipal officials with targeted diaspora communities to ensure individuals who are vulnerable to transnational repression are aware of the Federal and local resources available without putting them at further risk, including policy and programmatic responses based on input from such communities; and examine and review the legality of foreign governments establishing overseas police service stations, or equivalent facilities, to monitor members of the diaspora. In addition to the matters set forth in subsection (b), the report required under subsection
(a)should include— to the extent practicable, information regarding— the governments that perpetrate transnational repression; countries in which incidents of transnational repression are prevalent; governments that are complicit in aiding transnational repression; individuals, whether United States citizens or foreign nationals, who are complicit in transnational repression as agents or proxies of a foreign government and are operating in the United States, unless identifying those individuals could interfere with law enforcement efforts; and groups of people that are most vulnerable to transnational repression in the United States and, to the extent possible, in foreign countries; and a description of any actions taken by the United States Government to address transnational repression under existing law, including— section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ); section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102 ); section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ; 8 U.S.C. 1182 note); prosecutions and the statutory authority authorizing such prosecutions; and which agencies are conducting outreach to victims of transnational repression and the form of such outreach. The strategy required under subsection
(a)shall be submitted in unclassified form, but may include a classified annex, if necessary. The Secretary of State shall provide the congressional committee referred to in subsection
(a)with annual updates regarding the implementation of such strategy.
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