22 USC 1741 - Assistance for United States nationals unlawfully or wrongfully detained abroad

U.S Code last checked for updates: Nov 22, 2024

§ 1741.

Assistance for United States nationals unlawfully or wrongfully detained abroad

(a)

Review

The Secretary of State shall review, as expeditiously as possible, the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether—

(1)

United States officials receive or possess credible information indicating innocence of the detained individual;

(2)

the individual is being detained solely or substantially because he or she is a United States national;

(3)

the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government;

(4)

the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble;

(5)

the individual is being detained in violation of the laws of the detaining country;

(6)

independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;

(7)

the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose;

(8)

the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;

(9)

the individual is being detained in inhumane conditions;

(10)

due process of law has been sufficiently impaired so as to render the detention arbitrary; and

(11)

United States diplomatic engagement is likely necessary to secure the release of the detained individual.

(b)

Referrals to Special Envoy; notification to Congress

(1)

In general

Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall—

(A)

expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Presidential Envoy for Hostage Affairs; and

(B)

not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination.

Form

(c)

Report

(1)

Annual report

(A)

In general

(B)

Form

(2)

Composition

The report required under paragraph (1) shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as—

(A)

the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5 (commonly known as the “Privacy Act of 1974”);

(B)

basic facts about the case;

(C)

a summary of the information that such individual may be detained unlawfully or wrongfully;

(D)

a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and

(E)

a description of intended next steps.

(d)

Resources for United States nationals unlawfully or wrongfully detained abroad

(1)

Resource guidance

(A)

In general

(B)

Content

The resource guidance required under subparagraph (A) should include—

(i)

information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad;

(ii)

contact information for officials in the Department of State or other government agencies suited to answer family questions;

(iii)

relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such as guidance on how families may engage with United States diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services;

(iv)

guidance on submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and

(v)

appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families.

(2)

Travel assistance

(A)

Family advocacy

For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to and from Washington, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who—

(i)

is—

(I)

a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or

(II)

an appropriate individual who—

(aa)

is approved by the Special Presidential Envoy for Hostage Affairs; and

(bb)

does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national;

(ii)

has a permanent address that is more than 50 miles from Washington, D.C.; and

(iii)

requests such assistance.

(B)

Travel and lodging

(i)

In general

(ii)

Limitations

Any trip described in clause (i) shall—

(I)

consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and

(II)

not exceed more than 2 nights lodging, which shall not exceed the applicable government rate.

(C)

Return travel

(3)

Support

(A)

In general

The Secretary shall seek to make available physical health services, mental health services, and other support as appropriate, including providing information on available legal or financial resources, to—

(i)

any United States national unlawfully or wrongfully detained abroad; and

(ii)

any family member of such United States national.

(B)

Limitations

(i)

In general

(ii)

Exception

(4)

Notification requirement

(5)

Funding

(6)

Report

Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes—

(A)

a detailed description of expenditures made pursuant to paragraphs (2) and (3);

(B)

a detailed description of types of support provided pursuant to paragraph (3), provided that such description does not identify any individuals receiving any physical or mental health support, in order to protect their privacy; and

(C)

the number and location of visits outside of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad.

(7)

Sunset

(8)

Family member defined

(Pub. L. 116–260, div. FF, title III, § 302, Dec. 27, 2020, 134 Stat. 3091; Pub. L. 117–263, div. I, title XCI, § 9102, Dec. 23, 2022, 136 Stat. 3858; Pub. L. 118–31, div. F, title LXIV, § 6409, Dec. 22, 2023, 137 Stat. 1003.)

cite as: 22 USC 1741