Sec. 7082.
571 words·~3 min read·
/bill/115/s/1780/pcs/section-7082A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of State shall review the cases of citizens and nationals of the United States detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on international criteria including whether— the detained individual has presented credible information of factual innocence to United States officials; information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States; information exists that the individual is being detained in violation of internationally protected rights and freedoms, such as freedoms of expression, association, assembly, and religion; the individual is being detained in violation of the laws of the detaining country; independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual; the United States embassy in the country where the individual is detained has received credible reports that the detention is a pretext; police reports show evidence of a credible investigation; 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; the individual is detained in inhumane conditions; and the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary.
With respect to individuals for whom the Secretary determines there is such credible information, the Secretary shall submit a biannual report, which may be in classified form, to the appropriate congressional committees which shall include relevant information relating to each case, including— the name of the detained individual; basic facts about the case; a summary of the information that such individual may be detained unlawfully or wrongfully; a description of specific efforts, legal and diplomatic, taken by the Department of State on behalf of the individual since the last reporting period, including accomplishments and setbacks; and a description of intended next steps.
The information described in subsection (b)(1)–(3) shall be posted on the Department of State Web site not later than 30 days after its submission to the appropriate congressional committees, unless— the public posting of such information would compromise national security, including the conduct of diplomacy; such information contains proprietary or other privileged information; the detained individual does not consent to a waiver of the Privacy Act allowing for public posting; or the public posting of the information could jeopardize efforts to obtain the release of the detained individual.
Not later than 180 days after enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States citizens and nationals detained abroad, the Secretary shall publish a resource manual for United States Government officials and families of unjustly or wrongfully detained individuals detailing suggested actions designed to obtain their release, including acting through traditional diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services, and sanctions tools including withholding assistance to the foreign government and denying or revoking visas and freezing assets of foreign officials; submitting public and private letters; and consulting with relevant legal and human rights organizations.
The responsibilities under this section may be carried out by the Special Presidential Envoy for Hostage Affairs, created by Presidential Policy Directive—Hostage Recovery Activities, PPD-30, unless the Secretary designates another official to do so.