The Secretary of State shall review, as expeditiously as possible, the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether-
Upon a determination by the Secretary of State, based on the totality of the circumstances, 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 nongovernmental actor, the Secretary shall-
The notification described in paragraph (1)(B) may be classified, if necessary.
The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary.
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-
Not later than 180 days after December 27, 2020, and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1741b(c)(2) of this title, the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals.
The resource guidance required under subparagraph (A) should include-
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, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who-
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.
Any trip described in clause (i) shall-
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.
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-
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.
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.
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).
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.
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-
The authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027.
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.
22 U.S.C. § 1741
EDITORIAL NOTES
AMENDMENTS2023-Subsec. (d). Pub. L. 118-31, §6409(1), substituted "Resources for United States nationals unlawfully or wrongfully detained abroad" for "Resource guidance" in heading.Subsec. (d)(1). Pub. L. 118-31, §6409(2), substituted "Resource guidance" for "Establishment" in heading, and designated existing provisions as subpar. (A) and inserted heading. Subsec. (d)(1)(B). Pub. L. 118-31, §6409(5), substituted "subparagraph (A)" for "paragraph (1)".Pub. L. 118-31, §6409(4), which directed the redesignation of "paragraph (2) as subparagraph (B)", without specifying the par. to which subpar. (B) was to be redesignated, and the realignment of margins, was executed by redesignating par. (2) as subpar. (B) of par. (1), to reflect the probable intent of Congress, and realigning margins.Subsec. (d)(2). Pub. L. 118-31, §6409(6), added par. (2). Former par. (2) redesignated (1)(B).Pub. L. 118-31, §6409(3), which directed the redesignation of "subparagraphs (A), (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v), respectively," and the realignment of margins, was executed by redesignating subpars. (A) to (E) as cls. (i) to (v), respectively, to reflect the probable intent of Congress, and realigning margins. Former par. (2) redesignated (1)(B).Subsec. (d)(3) to (8). Pub. L. 118-31, §6409(6), added pars. (3) to (8). 2022-Subsec. (a). Pub. L. 117-263, §9102(1), inserted ", as expeditiously as possible," after "review" in introductory provisions.Subsec. (b). Pub. L. 117-263, §9102(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "Upon a determination by the Secretary of State, based on the totality of the circumstances, 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 nongovernmental 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 1741a of this title."
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE Pub. L. 116-260, div. FF, title III, §301, Dec. 27, 2020, 134 Stat. 3091, provided that: "This subtitle [subtitle A (§§301-308) of title III of div. FF of Pub. L. 116-260, enacting this subchapter] may be cited as the 'Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act'."