118 HR 4388 IH: Marc Fogel Act U.S. House of Representatives 2023-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4388IN THE HOUSE OF REPRESENTATIVESJune 27, 2023Mr. Reschenthaler (for himself, Mr. Kelly of Pennsylvania, Mr. Deluzio, Mr. Boyle of Pennsylvania, Mr. Thompson of Pennsylvania, Mr. Evans, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo amend the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to require the Secretary of State to submit to Congress information relating to cases of United States nationals detained abroad in which the Secretary has not made a determination or has determined that there is not credible information that the individuals are being detained unlawfully or wrongfully.

1.

Short title

This Act may be cited as the Marc Fogel Act.

2.

Amendment to Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act

Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741) is amended—(1)by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and(2)by inserting after subsection (b) the following:(c)

Submission to Congress of information relating to cases without determinations or determinations that there is not credible information that the individuals are being detained unlawfully or wrongfully

(1)

In general

If, within 180 days of the initiation of any review of a case of a United States national detained abroad under subsection (a), the Secretary of State—(A)has not made a determination with respect to the detention of the individual, the Secretary shall submit to the appropriate congressional committees copies of all documents and communications described in paragraph (2) relating to the review of the criteria described in subsection (a) with respect to the detention of the individual; or(B)has made a determination that there is not credible information that the individual is being detained unlawfully or wrongfully, the Secretary shall submit to the appropriate congressional committees—(i)copies of all documents and communications described in paragraph (2) relating to the review of the criteria described in subsection (a) with respect to the detention of the individual; and(ii)copies of all documents providing a justification for the determination.(2)

Documents and communications described

The documents and communications described in this paragraph are documents, memoranda, advisory legal opinions, audio recordings (including telephone records), correspondence (including electronic mail records), and other communications, or any portion of any such communications.(3)

Form

The information required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex..