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Code · BILL · 118th Congress · H.R. 10255 (Introduced in House) — To provide the United States Government with additional tools to deter state and non-state actors from wrongfully det... · Sec. 201

Sec. 201. Timeline for unlawful or wrongful detention determinations

406 words·~2 min read·/bill/118/hr/10255/ih/section-201

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Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— in subsection (d)(8), by striking In this subsection and inserting In this section ; and by adding at the end the following: Not less frequently than every 180 days, the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall review the cases, identified through official government channels to either bureau, for which there is potential credible information that a United States national is being unlawfully or wrongfully detained abroad.
Not later than 30 days after each review under subparagraph (A), the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall jointly submit to Congress a classified report identifying each United States national whose case was reviewed under subparagraph
(A)but who has not, as of the date of the submission of the report, been determined by the Secretary to be unlawfully or wrongfully detained under subsection (a). Not later than 30 days after the date of the submission of the report under subparagraph (B), the Assistant Secretary of State for Consular Affairs shall notify a family member or legal representative of each United States national identified in the report. Except as provided in subparagraph (B), and to the extent practical, not later than 180 days after the date on which the Secretary of State receives an assessment from the Special Presidential Envoy for Hostage Affairs or the head of any other relevant bureau of the Department of State that credible information exists that a United States national is being detained unlawfully or wrongfully, the Secretary shall determine whether the United States national is in fact being unlawfully or wrongfully detained. The Secretary may waive the requirement under subparagraph
(A)to make an unlawful or wrongful detention determination if the Secretary— determines that making such a determination may jeopardize the safety or interests of the United States national being detained abroad or the national security interests of the United States; and submits to Congress a report describing the reasons for the waiver. A waiver under clause
(i)shall expired on the date that is 180 days after the date on which the Secretary submits the report on the waiver to Congress pursuant to clause (i)(II). The Secretary may renew a waiver granted pursuant to clause
(i)in the manner provided under such clause. .
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Sec. 201
Timeline for unlawful or wrongful detention determinations
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