Section 1 Short title
This Act may be cited as the “Marc Fogel Act”.
Marc Fogel Act
A BILL
To 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.
Sec. 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—
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and
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.”