118th CONGRESS 1st Session |
To provide resources for United States nationals unlawfully or wrongfully detained abroad.
December 7, 2023
Mr. Hill (for himself and Ms. Stevens) introduced the following bill; which was referred to the Committee on Foreign Affairs
To provide resources for United States nationals unlawfully or wrongfully detained abroad.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Supporting Americans Wrongfully or Unlawfully Detained Abroad Act”.
SEC. 2. Resources for United States nationals unlawfully or wrongfully detained abroad.
Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741(d)) is amended—
(1) in the subsection heading, by striking “Resource guidance” and inserting “Resources for United States nationals unlawfully or wrongfully detained abroad”;
(2) in paragraph (1), by striking the paragraph heading and all that follows through “Not later than” and inserting the following:
“(A) IN GENERAL.—Not later than”;
(3) in paragraph (2), by redesignating subparagraphs (A), (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v), respectively, and moving such clauses (as so redesignated) 2 ems to the right;
(4) by redesignating paragraph (2) as subparagraph (B) and moving such subparagraph (as so redesignated) 2 ems to the right;
(5) in subparagraph (B), as redesignated by paragraph (4), by striking “paragraph (1)” and inserting “subparagraph (A)”; and
(6) by adding at the end the following:
“(A) FAMILY ADVOCACY.—For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to and from Washington, DC, including travel by air, train, bus, or other transit as appropriate, to any individual who—
“(I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or
“(II) an appropriate individual who—
“(aa) is approved by the Special Presidential Envoy for Hostage Affairs; and
“(bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national;
“(ii) has a permanent address that is more than 50 miles from Washington, DC; and
“(iii) requests such assistance.
“(i) IN GENERAL.—For each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted.
“(ii) LIMITATIONS.—Any trip described in clause (i) shall—
“(I) consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and
“(II) not exceed more than 2 nights lodging, which shall not exceed the applicable government rate.
“(C) RETURN TRAVEL.—If other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), United States assistance, as necessary, for return travel to the United States upon release of such United States national.
“(A) IN GENERAL.—The Secretary shall seek to make available physical health services, mental health services, and other support as appropriate, including providing information on available legal or financial resources, to—
“(i) any United States national unlawfully or wrongfully detained abroad; and
“(ii) any family member of such United States national.
“(i) IN GENERAL.—For any support described in subparagraph (A) for an individual described in clause (i) or (ii) of such subparagraph that commences following the return of a United States national who was unlawfully or wrongfully detained abroad, such support shall be made available for up to 5 years from the date on which any individual identified in subparagraph (A) chooses to avail themselves of the support described in that subparagraph, unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant extending such support.
“(ii) EXCEPTION.—The time limitation under clause (i) does not apply to any support provided during the pendency of the detention of a United States national unlawfully or wrongfully detained abroad.
“(4) NOTIFICATION REQUIREMENT.—The Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives of any amount spent above $250,000 for any fiscal year to carry out paragraphs (2) and (3).
“(5) FUNDING.—Funds authorized to be appropriated for the Department of State, which may include funds made available for unforeseen emergencies arising in the diplomatic and consular service, may be used to provide the support authorized by this section.
“(6) REPORT.—Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes—
“(A) a detailed description of expenditures made pursuant to paragraphs (2) and (3);
“(B) a detailed description of types of support provided pursuant to paragraph (3), provided that such description does not identify any individuals receiving any physical or mental health support, in order to protect their privacy; and
“(C) the number and location of visits outside of Washington, DC, during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad.
“(7) SUNSET.—The authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027.
“(8) FAMILY MEMBER DEFINED.—In this subsection, the term ‘family member’ means a spouse, father, mother, child, brother, sister, grandparent, grandchild, aunt, uncle, nephew, niece, cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.”.