22 U.S.C. § 1741 — Assistance for United States nationals un-

Page 446 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. Continuations of national emergency declared by Ex. Ord. No. 14078 were contained in the following: Notice of President of the United States, dated July 16, 2024, 89 F.R. 58613. Notice of President of the United States, dated July 12, 2023, 88 F.R. 45327. § 1741. Assistance for United States nationals un- lawfully or wrongfully detained abroad (a) Review The Secretary of State shall review, as expedi- tiously as possible, the cases of United States nationals detained abroad to determine if there is credible information that they are being de- tained unlawfully or wrongfully, based on cri- teria which may include whether— (1) United States officials receive or possess credible information indicating innocence of the detained individual; (2) the individual is being detained solely or substantially because he or she is a United States national; (3) the individual is being detained solely or substantially to influence United States Gov- ernment policy or to secure economic or polit- ical concessions from the United States Gov- ernment; (4) the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble; (5) the individual is being detained in viola- tion of the laws of the detaining country; (6) independent nongovernmental organiza- tions or journalists have raised legitimate questions about the innocence of the detained individual; (7) the United States mission in the country where the individual is being detained has re- ceived credible reports that the detention is a pretext for an illegitimate purpose; (8) the individual is detained in a country where the Department of State has deter- mined in its annual human rights reports that the judicial system is not independent or im- partial, is susceptible to corruption, or is in- capable of rendering just verdicts; (9) the individual is being detained in inhu- mane conditions; (10) due process of law has been sufficiently impaired so as to render the detention arbi- trary; and (11) United States diplomatic engagement is likely necessary to secure the release of the detained individual. (b) Referrals to Special Envoy; notification to Congress (1) In general Upon a determination by the Secretary of State, based on the totality of the cir- cumstances, 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 gov- ernment or a nongovernmental actor, the Sec- retary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Presidential Envoy for Hostage Af- fairs; and (B) not later than 14 days after such deter- mination, notify the Committee on Foreign Relations of the Senate, the Select Com- mittee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Permanent Se- lect Committee on Intelligence of the House of Representatives of such determination and provide such committees with a sum- mary of the facts that led to such deter- mination. (2) Form The notification described in paragraph (1)(B) may be classified, if necessary. (c) Report (1) Annual report (A) In general The Secretary of State shall submit to the appropriate congressional committees an an- nual report with respect to United States nationals for whom the Secretary deter- mines there is credible information of un- lawful or wrongful detention abroad. (B) Form The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary. (2) Composition 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— (A) the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5 (commonly known as the ‘‘Privacy Act of 1974’’); (B) basic facts about the case; (C) a summary of the information that such individual may be detained unlawfully or wrongfully; (D) a description of specific efforts, legal and diplomatic, taken on behalf of the indi- vidual since the last reporting period, in- cluding a description of accomplishments and setbacks; and (E) a description of intended next steps. (d) Resources for United States nationals unlaw- fully or wrongfully detained abroad (1) Resource guidance (A) In general Not later than 180 days after December 27, 2020, and after consulting with relevant or- ganizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator estab- lished pursuant to section 1741b(c)(2) of this title, the Secretary of State shall provide re- source guidance in writing for government officials and families of unjustly or wrong- fully detained individuals. Page 447 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741 (B) Content The resource guidance required under sub- paragraph (A) should include— (i) information to help families under- stand United States policy concerning the release of United States nationals unlaw- fully or wrongfully held abroad; (ii) contact information for officials in the Department of State or other govern- ment agencies suited to answer family questions; (iii) relevant information about options available to help families obtain the re- lease of unjustly or wrongfully detained individuals, such as guidance on how fami- lies may engage with United States diplo- matic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family mem- bers, humane treatment, and other serv- ices; (iv) guidance on submitting public or private letters from members of Congress or other individuals who may be influen- tial in securing the release of an indi- vidual; and (v) appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families. (2) Travel assistance (A) Family advocacy For the purpose of facilitating meetings between the United States Government and the family members of United States nation- als 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 appro- priate, to any individual who— (i) is— (I) a family member of a United States national unlawfully or wrongfully de- tained abroad as determined by the Sec- retary under subsection (a); or (II) an appropriate individual who— (aa) is approved by the Special Presi- dential Envoy for Hostage Affairs; and (bb) does not represent in any legal capacity a United States national un- lawfully or wrongfully detained abroad or the family of such United States na- tional; (ii) has a permanent address that is more than 50 miles from Washington, D.C.; and (iii) requests such assistance. (B) Travel and lodging (i) In general For each such United States national un- lawfully or wrongfully detained abroad, the financial assistance described in sub- paragraph (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 war- ranted. (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 addi- tional family member or other indi- vidual approved in accordance with sub- paragraph (A)(i)(II) and approves assist- ance to such third family member or other individual; and (II) not exceed more than 2 nights lodg- ing, unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an addi- tional night, which shall not exceed the applicable government rate. (C) Return travel If other United States Government assist- ance is unavailable, the Secretary may pro- vide 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 re- lease of such United States national. (3) Support (A) In general The Secretary shall seek to make avail- able physical health services, mental health services, and other support as appropriate, including providing information on available legal or financial resources, to— (i) any United States national unlaw- fully or wrongfully detained abroad; and (ii) any family member of such United States national. (B) Limitations (i) In general For any support described in subpara- graph (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 sup- port shall be made available for up to 5 years from the date on which any indi- vidual identified in subparagraph (A) chooses to avail themselves of the support described in that subparagraph, unless the Special Presidential Envoy for Hostage Af- fairs determines that circumstances war- rant extending such support. (ii) Exception 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. (4) Notification requirement The Secretary shall notify the Committee on Foreign Relations of the Senate, the Com- mittee on Foreign Affairs of the House of Rep- resentatives, and the Committees on Appro- priations of the Senate and the House of Rep- resentatives not later than 14 days after such time that total expenditures to carry out Page 448 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741 paragraphs (2) and (3) in any fiscal year sur- pass $250,000 for any fiscal year. (5) Funding 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. (6) Report Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appro- priations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that in- cludes— (A) a detailed description of expenditures made pursuant to paragraphs (2) and (3); (B) a detailed description of types of sup- port provided pursuant to paragraph (3), pro- vided that such description does not identify any individuals receiving any physical or mental health support, in order to protect their privacy; and (C) the number and location of visits out- side of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family mem- bers of each United States national unlaw- fully or wrongfully detained abroad. (7) Sunset The authority and requirements under para- graphs (2), (3), (4), and (5) shall terminate on December 31, 2027. (8) Family member defined In this subsection, the term ‘‘family mem- ber’’ 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, step- mother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (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 Presi- dential Envoy for Hostage Affairs shall re- view the cases where there is potential cred- ible information that any United States na- tional 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 Sec- retary of State for Consular Affairs and the Special Presidential Envoy for Hostage Af- fairs shall jointly submit to Congress a clas- sified 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 unlaw- fully or wrongfully detained. (C) Notification to family members In the case of a United States national de- tained overseas identified in the report under subparagraph (B), the Assistant Sec- retary of State for Consular Affairs shall no- tify a family member (as that term is de- fined in subsection (d)(8)) or the legal rep- resentative 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 Sec- retary of State receives an assessment from the Special Presidential Envoy for Hostage Affairs or the head of any other relevant bu- reau of the Department of State that cred- ible 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 require- ment under subparagraph (A) to make an unlawful or wrongful detention determina- tion if the Secretary— (I) determines that making such a de- termination may jeopardize the safety or interests of the United States national being detained abroad or the national se- curity interests of the United States; and (II) submits to Congress a classified re- port describing the reasons for the waiv- er. (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 man- ner provided under such clause. (f) Declarations of invalidity Upon the release of a United States national determined to be unlawfully or wrongfully de- tained abroad and the return of that national, the President shall issue to that national a let- ter, to be known as a ‘‘declaration of inva- lidity’’, that officially declares the detention abroad of the national as invalid for the purpose of completing any documentation that warrants a background investigation or review of prior of- fenses, such as a conviction. (Pub. L. 116–260, div. FF, title III, § 302, Dec. 27, 2020, 134 Stat. 3091; Pub. L. 117–263, div. I, title XCI, § 9102, Dec. 23, 2022, 136 Stat. 3858; Pub. L. 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.