22 U.S.C. § 1741a — Special Envoy for Hostage Affairs

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.