American Detainee Transparency and Recovery Act

Bill: 118-hr-10168
Sponsor: full_name: Rep. Hill, J. French [R-AR-2]
Introduced: 2024-11-19
Policy area: International Affairs
Latest action: action_date: 2024-11-19
text: Referred to the House Committee on Foreign Affairs.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10168 IN THE HOUSE OF REPRESENTATIVES November 19, 2024 Mr. Hill (for himself and Ms. Stevens ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to require the Secretary of State to provide additional information to Congress regarding United States nationals detained abroad, and for other purposes.

1. Short title This Act may be cited as the American Detainee Transparency and Recovery Act . 2. Timeline for unlawful or wrongful detention determinations Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended by adding at the end the following: (e) Timeline for unlawful or wrongful detention determinations (1) Credible information determinations (A) In general Not less frequently than every 180 days, the Assistant Secretary for the Bureau of Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall review the cases where there is potential credible information that any United States national is being detained wrongfully and which has been identified through official government channels to both bureaus. (B) Report of findings 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 the United States nationals identified as a result of the review in subparagraph (A) detained overseas who have not, as of the date of the report, been determined by the Secretary to be unlawfully or wrongfully detained. (C) Notification to family members In the case of a United States national detained overseas identified in the report under subparagraph (B), the Assistant Secretary of State for Consular Affairs shall notify a family member (as that term is defined in subsection (d)(8)) or the legal representative of the United States national not later than 30 days after the transmittal of the report required by subparagraph (B). (2) Status determinations (A) In general Except as provided in subparagraph (B) and to the extent practicable, 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. (B) Waiver (i) In general The Secretary may waive the requirement under subparagraph (A) to make an unlawful or wrongful detention determination if the Secretary— (I) 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 (II) submits to Congress a classified report describing the reasons for the waiver. (ii) Timing A waiver under clause (i) shall expire 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). (iii) Renewal The Secretary may renew a waiver granted pursuant to clause (i) in the manner provided under such clause. .