II 118THCONGRESS 1 STSESSION S. 509 To provide resources for United States nationals unlawfully or wrongfully detained abroad, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY16, 2023 Mr. M ENENDEZ(for himself, Mr. RISCH, Mrs. SHAHEEN, and Mr. HAGERTY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide resources for United States nationals unlawfully or wrongfully detained abroad, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Americans 4 Wrongfully or Unlawfully Detained Abroad Act of 2023’’. 5 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 2 •S 509 IS SEC. 2. RESOURCES FOR UNITED STATES NATIONALS UN-1 LAWFULLY OR WRONGFULLY DETAINED 2 ABROAD. 3 Section 302(d) of the Robert Levinson Hostage Re-4 covery and Hostage-Taking Accountability Act (22 U.S.C. 5 1741(d)) is amended— 6 (1) in the subsection heading, by striking ‘‘R E-7 SOURCEGUIDANCE’’ and inserting ‘‘RESOURCES 8 FORUNITEDSTATESNATIONALSUNLAWFULLY OR 9 W RONGFULLYDETAINEDABROAD’’; 10 (2) in paragraph (1), by striking the paragraph 11 heading and all that follows through ‘‘Not later 12 than’’ and inserting the following: 13 ‘‘(1) R ESOURCE GUIDANCE.— 14 ‘‘(A) I N GENERAL.—Not later than’’; 15 (3) in paragraph (2), by redesignating subpara-16 graphs (A), (B), (C), (D), and (E) and clauses (i), 17 (ii), (iii), (iv), and (v), respectively, and moving such 18 clauses (as so redesignated) 2 ems to the right; 19 (4) by redesignating paragraph (2) as subpara-20 graph (B) and moving such subparagraph (as so re-21 designated) 2 ems to the right; 22 (5) in subparagraph (B), as redesignated by 23 paragraph (4), by striking ‘‘paragraph (1)’’ and in-24 serting ‘‘subparagraph (A)’’; and 25 (6) by adding at the end the following: 26 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 3 •S 509 IS ‘‘(2) TRAVEL ASSISTANCE.— 1 ‘‘(A) F AMILY ADVOCACY.—For the purpose 2 of facilitating meetings between the United 3 States Government and the family members of 4 United States nationals unlawfully or wrong-5 fully detained abroad, the Secretary shall pro-6 vide financial assistance to cover the costs of 7 travel to Washington, DC, including travel by 8 air, train, bus, or other transit as appropriate, 9 to any individual who— 10 ‘‘(i) is— 11 ‘‘(I) a family member of a United 12 States national unlawfully or wrong-13 fully detained abroad as determined 14 by the Secretary under subsection (a); 15 or 16 ‘‘(II) an appropriate individual 17 who— 18 ‘‘(aa) is approved by the 19 Special Presidential Envoy for 20 Hostage Affairs; and 21 ‘‘(bb) does not represent in 22 any legal capacity a United 23 States national unlawfully or 24 wrongfully detained abroad or 25 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 4 •S 509 IS the family of such United States 1 national; 2 ‘‘(ii) has a permanent address that is 3 more than 50 miles from Washington, DC; 4 and 5 ‘‘(iii) requests such assistance. 6 ‘‘(B) T RAVEL AND LODGING.— 7 ‘‘(i) I N GENERAL.—For each such 8 United States national unlawfully or 9 wrongfully detained abroad, the financial 10 assistance described in subparagraph (A) 11 shall be provided for not more than 2 trips 12 per fiscal year, unless the Special Presi-13 dential Envoy for Hostage Affairs deter-14 mines that a third trip is warranted. 15 ‘‘(ii) L IMITATIONS.—Any trip de-16 scribed in clause (i) shall— 17 ‘‘(I) consist of not more than 2 18 family members or other individuals 19 approved in accordance with subpara-20 graph (A)(i)(II), unless the Special 21 Presidential Envoy for Hostage Af-22 fairs determines that circumstances 23 warrant an additional family member 24 or other individual approved in ac-25 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 5 •S 509 IS cordance with subparagraph (A)(i)(II) 1 and approves assistance to such third 2 family member or other individual; 3 and 4 ‘‘(II) not exceed more than 2 5 nights lodging, which shall not exceed 6 the applicable government rate. 7 ‘‘(C) R ETURN TRAVEL.—If other United 8 States Government assistance is unavailable, 9 the Secretary may provide to a United States 10 national unlawfully or wrongfully detained 11 abroad as determined by the Secretary under 12 subsection (a), compensation and assistance, as 13 necessary, for return travel to the United 14 States upon release of such United States na-15 tional. 16 ‘‘(3) S UPPORT.—The Secretary shall seek to 17 make available operational psychologists and clinical 18 social workers, to support the mental health and 19 well-being of— 20 ‘‘(A) any United States national unlawfully 21 or wrongfully detained abroad; and 22 ‘‘(B) any family member of such United 23 States national, with regard to the psycho-24 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 6 •S 509 IS logical, social, and mental health effects of such 1 unlawful or wrongful detention. 2 ‘‘(4) N OTIFICATION REQUIREMENT .—The Sec-3 retary shall notify the Committee on Foreign Rela-4 tions of the Senate, the Committee on Foreign Af-5 fairs of the House of Representatives, and the Com-6 mittees on Appropriations of the Senate and the 7 House of Representatives of any amount spent above 8 $250,000 for any fiscal year to carry out paragraphs 9 (2) and (3). 10 ‘‘(5) R EPORT.—Not later than 90 days after 11 the end of each fiscal year, the Secretary shall sub-12 mit to the Committees on Foreign Relations and Ap-13 propriations of the Senate and the Committee on 14 Foreign Affairs and Appropriations of the House of 15 Representatives a report that includes— 16 ‘‘(A) a detailed description of expenditures 17 made pursuant to paragraphs (2) and (3); 18 ‘‘(B) a detailed description of support pro-19 vided pursuant to paragraph (3) and the indi-20 viduals providing such support; and 21 ‘‘(C) the number and location of visits out-22 side of Washington, DC, during the prior fiscal 23 year made by the Special Presidential Envoy 24 for Hostage Affairs to family members of each 25 VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS 7 •S 509 IS United States national unlawfully or wrongfully 1 detained abroad. 2 ‘‘(6) S UNSET.—The authority and requirements 3 under paragraphs (2), (3), (4), and (5) shall termi-4 nate on December 31, 2027. 5 ‘‘(7) F AMILY MEMBER DEFINED .—In this sub-6 section, the term ‘family member’ means a spouse, 7 father, mother, child, brother, sister, grandparent, 8 grandchild, aunt, uncle, nephew, niece, cousin, fa-9 ther-in-law, mother-in-law, son-in-law, daughter-in- 10 law, brother-in-law, sister-in-law, stepfather, step-11 mother, stepson, stepdaughter, stepbrother, step-12 sister, half brother, or half sister.’’. 13 Æ VerDate Sep 11 2014 02:59 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S509.IS S509 kjohnson on DSK79L0C42PROD with BILLS