Supporting Americans Wrongfully or Unlawfully Detained Abroad Act of 2023

Subjects: International Affairs, Congressional oversight, Detention of persons, Diplomacy, foreign officials, Americans abroad, Family services, Mental health, Transportation costs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 509 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 509

    To provide resources for United States nationals unlawfully or 
          wrongfully detained abroad, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Mr. Menendez (for himself, Mr. Risch, Mrs. Shaheen, and Mr. Hagerty) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To provide resources for United States nationals unlawfully or 
          wrongfully detained abroad, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Americans Wrongfully or 
Unlawfully Detained Abroad Act of 2023''.

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:
            ``(1) Resource guidance.--
                    ``(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:
            ``(2) Travel assistance.--
                    ``(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 Washington, DC, including travel 
                by air, train, bus, or other transit as appropriate, to 
                any individual who--
                            ``(i) is--
                                    ``(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.
                    ``(B) Travel and lodging.--
                            ``(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), compensation and 
                assistance, as necessary, for return travel to the 
                United States upon release of such United States 
                national.
            ``(3) Support.--The Secretary shall seek to make available 
        operational psychologists and clinical social workers, to 
        support the mental health and well-being of--
                    ``(A) any United States national unlawfully or 
                wrongfully detained abroad; and
                    ``(B) any family member of such United States 
                national, with regard to the psychological, social, and 
                mental health effects of such unlawful or wrongful 
                detention.
            ``(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) 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 support provided 
                pursuant to paragraph (3) and the individuals providing 
                such support; 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.
            ``(6) Sunset.--The authority and requirements under 
        paragraphs (2), (3), (4), and (5) shall terminate on December 
        31, 2027.
            ``(7) 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.''.
                                 &lt;all&gt;
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