22 U.S.C. § 1741b — Hostage Recovery Fusion Cell

Page 449 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741b 118–31, div. F, title LXIV, § 6409, Dec. 22, 2023, 137 Stat. 1003; Pub. L. 118–159, div. G, title LXXVII, §§ 7701, 7707, 7708, Dec. 23, 2024, 138 Stat. 2553, 2556, 2557.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(2)(B)(ii)(II). Pub. L. 118–159, § 7701(1), inserted ‘‘unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional night,’’ after ‘‘lodging,’’. Subsec. (d)(4). Pub. L. 118–159, § 7701(2), substituted ‘‘not later than 14 days after such time that total ex- penditures to carry out paragraphs (2) and (3) in any fiscal year surpass $250,000 for any fiscal year’’ for ‘‘of any amount spent above $250,000 for any fiscal year to carry out paragraphs (2) and (3)’’. Subsec. (e). Pub. L. 118–159, § 7707, added subsec. (e). Subsec. (f). Pub. L. 118–159, § 7708, added subsec. (f). 2023—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 redesigna- tion of ‘‘paragraph (2) as subparagraph (B)’’, without specifying the par. to which subpar. (B) was to be redes- ignated, and the realignment of margins, was executed by redesignating par. (2) as subpar. (B) of par. (1), to re- flect 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 redesigna- tion 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 re- flect 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 in- troductory 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 re- gardless of whether the detention is by a foreign gov- ernment or a nongovernmental actor, the Secretary shall transfer responsibility for such case from the Bu- reau 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, en- acting this subchapter] may be cited as the ‘Robert Levinson Hostage Recovery and Hostage-Taking Ac- countability Act’.’’ § 1741a. Special Envoy for Hostage Affairs (a) Establishment There shall be a Special Presidential Envoy for Hostage Affairs, who shall be appointed by the President, by and with the advice and con- sent of the Senate, and shall report to the Sec- retary of State. (b) Rank The Special Envoy shall have the rank and status of ambassador. (c) Responsibilities The Special Presidential Envoy for Hostage Affairs shall— (1) lead diplomatic engagement on United States hostage policy; (2) coordinate all diplomatic engagements and strategy in support of hostage recovery ef- forts, in coordination with the Hostage Recov- ery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group; (3) in coordination with the Hostage Recov- ery Fusion Cell as appropriate, coordinate dip- lomatic engagements regarding cases in which a foreign government has detained a United States national and the United States Govern- ment regards such detention as unlawful or wrongful; (4) provide senior representation from the Special Envoy’s office to the Hostage Recov- ery Fusion Cell established under section 1741b of this title and the Hostage Response Group established under section 1741c of this title; and (5) ensure that families of United States na- tionals unlawfully or wrongly detained abroad receive updated information about develop- ments in cases and government policy. (d) Family Engagement Coordinator There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Fam- ily Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordi- nated fashion; (B) such family member receives con- sistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 1741b(c)(2) of this title; and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Fam- ily Engagement Coordinator described in sec- tion 1741b(c)(2) of this title. (Pub. L. 116–260, div. FF, title III, § 303, Dec. 27, 2020, 134 Stat. 3093; Pub. L. 117–263, div. I, title XCI, § 9103, Dec. 23, 2022, 136 Stat. 3858.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–263 added subsec. (d). § 1741b. Hostage Recovery Fusion Cell (a) Establishment The President shall establish an interagency Hostage Recovery Fusion Cell. Page 450 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741c (b) Participation The President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to par- ticipate in the Hostage Recovery Fusion Cell: (1) The Department of State. (2) The Department of the Treasury. (3) The Department of Defense. (4) The Department of Justice. (5) The Office of the Director of National In- telligence. (6) The Federal Bureau of Investigation. (7) The Central Intelligence Agency. (8) Other agencies as the President, from time to time, may designate. (c) Personnel The Hostage Recovery Fusion Cell shall in- clude— (1) a Director, who shall be a full-time senior officer or employee of the United States Gov- ernment; (2) a Family Engagement Coordinator who shall— (A) work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and ac- curate information from the United States Government; and (B) if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and (3) other officers and employees as deemed appropriate by the President. (d) Duties The Hostage Recovery Fusion Cell shall— (1) coordinate efforts by participating agen- cies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States na- tionals held hostage abroad; (2) if directed, coordinate the United States Government’s response to other hostage- takings occurring abroad in which the United States has a national interest; (3) if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and (4) pursuant to policy guidance coordinated through the National Security Council— (A) identify and recommend hostage recov- ery options and strategies to the President through the National Security Council or the Deputies Committee of the National Se- curity Council; (B) coordinate efforts by participating agencies to ensure that information regard- ing hostage events, including potential re- covery options and engagements with fami- lies and external actors (including foreign governments), is appropriately shared with- in the United States Government to facili- tate a coordinated response to a hostage- taking; (C) assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Con- gress on the status of such cases and any measures being taken toward the hostages’ safe recovery; (D) provide a forum for intelligence shar- ing and, with the support of the Director of National Intelligence, coordinate the declas- sification of relevant information; (E) coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information re- garding significant events in their cases; (F) make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Govern- ment preparation to maximize the prob- ability of a favorable outcome following a hostage-taking; and (G) coordinate with agencies regarding congressional, media, and other public in- quiries pertaining to hostage events. (e) Administration The Hostage Recovery Fusion Cell shall be lo- cated within the Federal Bureau of Investiga- tion for administrative purposes. (Pub. L. 116–260, div. FF, title III, § 304, Dec. 27, 2020, 134 Stat. 3094.) § 1741c. Hostage Response Group (a) Establishment The President shall establish a Hostage Re- sponse Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully de- tained abroad, and to be tasked with coordi- nating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest. (b) Membership The regular members of the Hostage Response Group shall include the Director of the Hostage Recovery Fusion Cell, the Hostage Recovery Fu- sion Cell’s Family Engagement Coordinator, the Special Envoy appointed pursuant to section 1741a of this title, and representatives from the Department of the Treasury, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, the Office of the Direc- tor of National Intelligence, the Central Intel- ligence Agency, and other agencies as the Presi- dent, from time to time, may designate. (c) Duties The Hostage Recovery Group shall— (1) identify and recommend hostage recovery options and strategies to the President through the National Security Council; (2) coordinate the development and imple- mentation of United States hostage recovery policies, strategies, and procedures; (3) receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United