Sec. 7074.
452 words·~2 min read·
/bill/113/s/2499/pcs/section-7074·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated by this Act shall be made available for the Secretary of State to develop and implement a policy and procedures for determining whether citizens and nationals of the United States detained abroad are more likely than not detained arbitrarily and in violation of international law and, as such, deserving of enhanced legal and diplomatic support: , That each such determination shall be based on an assessment by the Secretary based on established criteria, including— Provided whether the detained individual has presented credible evidence of factual innocence to United States Government officials; whether evidence exists that the individual is detained solely because he or she is a citizen or national of the United States; whether evidence exists that the individual is being detained in violation of internationally protected rights and freedoms such as freedoms of expression, association, assembly, and religion; whether the individual is being detained in violation of the detaining country’s laws; whether independent nongovernmental organizations or journalists have raised legitimate questions about the individual’s innocence; whether the United States embassy in the country where the individual is being detained has received other credible reports that the detention is more likely than not a pretext; whether police reports show evidence of a credible investigation; whether 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; and whether the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary.
The Secretary of State shall submit to the appropriate congressional committees a quarterly report on citizens and nationals of the United States detained abroad who are more likely than not detained arbitrarily and in violation of international law: , That such report shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as— Provided the name of the individual; basic facts about the case; the reasons the Secretary of State believes it is more likely than not that the individual is detained arbitrarily and in violation of international law; 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 a description of intended next steps.
The Secretary of State shall publish a resource manual for government officials and families of wrongly detained individuals including suggested actions designed to obtain their release, including acting through traditional diplomatic and consular channels, submitting public or private letters from members of Congress, and consulting with relevant legal and human rights organizations.