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

Collapse to view only § 1741. Assistance for United States nationals unlawfully or wrongfully detained abroad

§ 1741. Assistance for United States nationals unlawfully or wrongfully detained abroad
§ 1741a. Special Envoy for Hostage Affairs
§ 1741b. Hostage Recovery Fusion Cell
§ 1741c. Hostage Response Group
§ 1741d. Authorization of imposition of sanctions
§ 1741e. Definitions
§ 1741f. Rule of construction

§ 1741. Assistance for United States nationals unlawfully or wrongfully detained abroad

(a) ReviewThe 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 generalUpon 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.

(2) Form

(1) Annual report

(A) In general

(B) Form

(2) CompositionThe 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;

(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) ContentThe 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 advocacyFor 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) LimitationsAny 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.

(3) Support

(A) In generalThe 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) ReportNot 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.)

§ 1741a. Special Envoy for Hostage Affairs

(a) Establishment

(b) Rank

(1) lead diplomatic engagement on United States hostage policy;

(2) coordinate all diplomatic engagements and strategy in support of hostage recovery efforts, in coordination with the Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group;

(3) in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government has detained a United States national and the United States Government regards such detention as unlawful or wrongful;

(4) provide senior representation from the Special Envoy’s office to the Hostage Recovery Fusion Cell established under section 1741b of this title and the Hostage Response Group established under section 1741c of this title; and

(5) ensure that families of United States nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy.

(d) Family Engagement CoordinatorThere shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure—

(1) for a United States national unlawfully or wrongfully detained abroad, that—

(A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion;

(B) such family member receives consistent and accurate information from the United States Government; and

(2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 1741b(c)(2) of this title.

(Pub. L. 116–260, div. FF, title III, § 303, Dec. 27, 2020, 134 Stat. 3093; Pub. L. 117–263, div. I, title XCI, § 9103, Dec. 23, 2022, 136 Stat. 3858.)

§ 1741b. Hostage Recovery Fusion Cell

(a) Establishment

(b) ParticipationThe President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate in the Hostage Recovery Fusion Cell:

(1) The Department of State.

(2) The Department of the Treasury.

(3) The Department of Defense.

(4) The Department of Justice.

(5) The Office of the Director of National Intelligence.

(6) The Federal Bureau of Investigation.

(7) The Central Intelligence Agency.

(8) Other agencies as the President, from time to time, may designate.

(1) a Director, who shall be a full-time senior officer or employee of the United States Government;

(2) a Family Engagement Coordinator who shall—

(A) work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and accurate information from the United States Government; and

(B) if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and

(3) other officers and employees as deemed appropriate by the President.

(d) DutiesThe Hostage Recovery Fusion Cell shall—

(1) coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad;

(2) if directed, coordinate the United States Government’s response to other hostage-takings occurring abroad in which the United States has a national interest;

(3) if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and

(4) pursuant to policy guidance coordinated through the National Security Council—

(A) identify and recommend hostage recovery options and strategies to the President through the National Security Council or the Deputies Committee of the National Security Council;

(B) coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery options and engagements with families and external actors (including foreign governments), is appropriately shared within the United States Government to facilitate a coordinated response to a hostage-taking;

(C) assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages’ safe recovery;

(D) provide a forum for intelligence sharing and, with the support of the Director of National Intelligence, coordinate the declassification of relevant information;

(E) coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases;

(F) make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and

(G) coordinate with agencies regarding congressional, media, and other public inquiries pertaining to hostage events.

(e) Administration

(Pub. L. 116–260, div. FF, title III, § 304, Dec. 27, 2020, 134 Stat. 3094.)

§ 1741c. Hostage Response Group

(a) Establishment

(b) Membership

The Hostage Recovery Group shall—

(1) identify and recommend hostage recovery options and strategies to the President through the National Security Council;

(2) coordinate the development and implementation of United States hostage recovery policies, strategies, and procedures;

(3) receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries;

(4) coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hostage Recovery Fusion Cell;

(5) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and

(6) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.

(d) Meetings

(e) Reporting

(Pub. L. 116–260, div. FF, title III, § 305, Dec. 27, 2020, 134 Stat. 3095.)

§ 1741d. Authorization of imposition of sanctions

(a) In general

The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—

(1) is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or

(2) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1).

(b) Sanctions described

The sanctions described in this subsection are the following:

(1) Ineligibility for visas, admission, or parole

(A) Visas, admission, or parole

An alien described in subsection (a) may be—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked

(i) In general

(ii) Immediate effect

A revocation under clause (i) may—

(I) take effect immediately; and(II) cancel any other valid visa or entry documentation that is in the alien’s possession.

(2) Blocking of property

(A) In general

(B) Inapplicability of national emergency requirement

(1) Exception for intelligence activities

(2) Exception to comply with international obligations and for law enforcement activities

Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or

(B) to carry out or assist law enforcement activity in the United States.

(d) Penalties

(e) Termination of sanctions

The President may terminate the application of sanctions under this section with respect to a person if the President determines that—

(1) information exists that the person did not engage in the activity for which sanctions were imposed;

(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;

(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or

(4) the termination of the sanctions is in the national security interests of the United States.

(f) Reporting requirement

(g) Implementation of regulatory authority

(h) Exception relating to importation of goods

(1) In general

(2) Good defined

(i) Definitions

In this section:

(1) Foreign person

The term “foreign person” means—

(A) any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or

(B) any entity not organized solely under the laws of the United States or existing solely in the United States.

(2) United States person

The term “United States person” means—

(A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(Pub. L. 116–260, div. FF, title III, § 306, Dec. 27, 2020, 134 Stat. 3096.)

§ 1741e. Definitions

In this subchapter:

(1) Appropriate congressional committees

The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and

(B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) United States national

The term “United States national” means—

(A) a United States national as defined in section 1101(a)(22) or section 1408 of title 8; and

(B) a lawful permanent resident alien with significant ties to the United States.

(Pub. L. 116–260, div. FF, title III, § 307, Dec. 27, 2020, 134 Stat. 3098.)

§ 1741f. Rule of construction

Nothing in this subchapter may be construed to authorize a private right of action.

(Pub. L. 116–260, div. FF, title III, § 308, Dec. 27, 2020, 134 Stat. 3099.)