Sec. 2. Assistance for United States citizens and nationals unlawfully or wrongfully detained abroad
608 words·~3 min read·
/bill/116/s/712/rs/section-2A 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 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 freedom 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 the lack 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.
Upon a determination by the Secretary of State 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 non-governmental actor, the Secretary shall transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs created pursuant to section 3. With respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad, the Secretary shall submit a biannual report to the appropriate congressional committees.
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— the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); 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 on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and a description of intended next steps. Not later than 180 days after the date of the enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States citizens and national detained abroad, the Secretary of State shall publish a resource manual for government officials and families of unjustly or wrongfully detained individuals. The resource manual required under paragraph
(1)shall include suggested actions designed to obtain the release of unjustly or wrongfully detained individuals, 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; sanctions tools including withholding assistance to the foreign government, in cases where relevant, and denying or revoking visas and freezing assets of individuals perpetrating the unjust or wrongful detention; submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and consulting with relevant legal and human rights organizations.