Department of Defense report on recovery of certain United States nationals

(a)

Findings

Congress finds the following: (1)The United States has a longstanding obligation and commitment to recover, account for, and repatriate its citizens who are held hostage, unlawfully detained, or otherwise unaccounted for abroad. (2)United States nationals have been held captive, unlawfully detained, or killed in areas of current or recent United States military operations in the Middle East and Africa, particularly in Syria, Iraq, and Afghanistan, with some cases remaining unresolved. (3)The recent successful recovery of isolated personnel, including the recent daring rescue of downed United States aircrew in Iran, demonstrates the unstoppable effectiveness of coordinated American military, intelligence, and interagency capabilities. (4)The recent successful releases of United States nationals wrongfully detained abroad demonstrate that relentless and coordinated diplomatic engagement, supported by economic and strategic leverage, can decisively enable successful recovery outcomes. (5)The Department of Defense plays a critical role in supporting interagency hostage recovery efforts pursuant to the Robert Levinson Hostage Recovery and Hostage Taking Accountability Act (22 U.S.C. 1741 et seq.), including as a key participant in the Hostage Recovery Fusion Cell. (6)The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict serves as the Department’s policy lead for personnel recovery, and United States Special Operations Command serves as the operational lead for hostage rescue missions. (7)The recovery of deceased United States nationals and the repatriation of their remains is a solemn and enduring obligation of the United States Government. (8)The consistent and credible application of diplomatic, economic, and military leverage can deter adversaries and non-state actors from targeting United States nationals for unlawful detention, hostage-taking, or harm. (9)Changes in force posture, intelligence access, partner coordination, and operational presence can significantly affect the likelihood of successful recovery, remains repatriation, and accountability outcomes. (10)Certain partner nations maintain institutional frameworks prioritizing the recovery and repatriation of their citizens, including efforts that continue years after hostilities have ended. (11)Congress has a responsibility to ensure that recovery, repatriation, and accountability considerations are incorporated as a core mission in defense planning, contingency operations, and interagency coordination, with the objective that no American is left behind. (b)

Sense of Congress

It is the sense of Congress that the United States should maintain a sustained and coordinated commitment to the recovery, repatriation, and accountability of United States nationals held hostage, unlawfully detained, or otherwise unaccounted for abroad, and should evaluate the feasibility of establishing a formal, enduring No American Left Behind doctrine to guide such efforts. (c)

Report

(1)

Requirement

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the support by the Department of Defense for the recovery, repatriation, and accountability of United States nationals abroad. (2)

Scope

The report required under paragraph (1) shall address cases involving United States nationals who are deceased, unlawfully detained, missing, or of unresolved status, including in areas of current or recent United States military operations in the Middle East and Africa, and particularly in Syria, Iraq, and Afghanistan. (3)

Elements

The report required under paragraph (1) shall include the following: (A)An assessment of how the interaction between the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Hostage Recovery Fusion Cell informs contingency planning for the rescue or recovery of United States nationals in areas of hostilities. (B)An assessment of how the geographic combatant commands incorporate the rescue or recovery of United States nationals into operational plans, the effect of such contingency missions on force requirements, and how such planning accounts for effects on intelligence collection, detainee access, and recovery or accountability options resulting from changes in force posture or operational presence. (C)The criteria that must be met for the Department to recommend the use of military assets to execute a rescue or personnel recovery of detained United States nationals in a potential hostile area, including how such criteria differ in areas where the United States does not maintain permanent or temporary military infrastructure. (D)An assessment of how the Department maintains intelligence and situational awareness on detained United States nationals in areas where the United States no longer has a military presence. (E)An identification of any statutory authority, policy constraint, intelligence limitation, or resource gap affecting the ability of the Department to support such efforts, including recommendations to address such gaps and an assessment of whether existing authorities sufficiently authorize the Department to condition or sequence detainee transfers, releases, or partner detention arrangements considering ongoing United States recovery, intelligence, or accountability equities, including an identification of factors that have supported or constrained successful recovery outcomes in recent cases. (F)An assessment of best practices employed by partner nations with established doctrines prioritizing the recovery, repatriation, and accountability of detained or deceased citizens, including efforts conducted years after hostilities. (G)An assessment of the feasibility and operational implications of establishing a formal, enduring, doctrine of the Department of Defense, to be referred to as the No American Left Behind doctrine, and of integrating such doctrine into operational and contingency planning, resource allocation, detainee policy considerations, and interagency coordination. (H)A detailed assessment of case-specific Department of Defense support equities related to cases of deceased United States nationals whose remains have not been recovered, as well as cases involving United States nationals who are wrongfully detained, missing, or of unresolved status, as appropriate, including in Syria, Iraq, Afghanistan, and select areas of Africa associated with counterterrorism operations. (4)

Form

The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex with respect to the element specified in paragraph (3)(H). (d)

Congressional defense committees defined

In this section, the term congressional defense committees has the meaning given that term in section 101 of title 10, United States Code.