Sec. 7080. united states citizens and nationals unlawfully or wrongfully detained abroad

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## SEC. 7080 united states citizens and nationals unlawfully or wrongfully detained abroad ###

(a)Review The Special Presidential Envoy for Hostage Affairs, in consultation with the Assistant Secretary for Consular Affairs, Department of State, shall review the practices of United States consular officers regarding assistance for citizens and nationals of the United States who are detained in countries where the Department of State’s Country Reports on Human Rights Practices indicate that arbitrary arrest or the denial of due process is common, or the judicial system is not independent or is susceptible to corruption, to— ####

(1)assess whether consular officers routinely seek to determine if— #####

(A)the detained individual has presented credible information of factual innocence to United States officials; #####

(B)credible information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States; #####

(C)credible information exists that the individual is being detained as a result of exercising his or her right to freedom of expression, association, assembly, or religion; #####

(D)credible information exists that the individual has been detained arbitrarily and denied due process or a fair trial; #####

(E)independent nongovernmental organizations or journalists have raised concerns about the innocence or the conditions of confinement of the detained individual; #####

(F)the detained individual has presented credible information that his or her detention is a pretext; and #####

(G)the individual is detained in inhumane conditions; and ####

(2)identify what, if any, diplomatic or other actions are taken by the Department on behalf of a detained individual if the consular officer determines that the answer to any of the questions specified in paragraph

(1)is affirmative. ###

(b)Recommendations, Guidance, and Report Not later than 180 days after enactment of this Act and after completion of the review required under subsection (a), the Special Presidential Envoy for Hostage Affairs, after consultation with the Assistant Secretary for Consular Affairs, Department of State, shall— ####

(1)provide recommendations to the Secretary of State for modifying the guidance concerning the arrest and detention of United States citizens abroad in the Foreign Affairs Manual and Foreign Affairs Handbook to better assist the Department of State in identifying cases where such detention is unlawful or wrongful and to enhance diplomatic engagements with foreign governments and other actions on behalf of such citizens and nationals; and ####

(2)submit a report to the appropriate congressional committees detailing the findings of the review required pursuant to subsection

(a)and the recommendations provided pursuant to paragraph

(1)of this subsection.