H.R. 1778 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1778 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Smith of New Jersey (for himself and Ms. Velázquez) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To mandate training of members of the Foreign Service to protect the rights of United States citizens in the custody of foreign governments, to deny entry into the United States of officials of any foreign government, including their immediate family members, who commit or who fail to rectify fundamental due process and human rights violations of United States citizens in the custody of a foreign government, and for other purposes. 1. Short title This Act may be cited as the Justice for Imprisoned Americans Overseas Act of 2013 or the Jacob’s Law of 2013. 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) The President is required under section 2001 of the Revised Statutes of the United States (22 U.S.C. 1732) to demand the release of any citizen who has been unjustly deprived of his liberty by or under the authority of any foreign government, and to undertake appropriate means to obtain the release of such citizen. (2) In a statement submitted to the Committee on the Judiciary of the Senate on July 27, 2011, former Secretary of State Hillary Clinton stated that [t]he State Department has no greater responsibility than the protection of U.S. citizens overseas—particularly when Americans find themselves in the custody of a foreign government, facing an unfamiliar, and at times unfair, legal system.. (3) Some United States citizens in the custody of a foreign government have been and continue to be denied fundamental due process and human rights under both local and international law by foreign government officials. (4) Mr. Jacob Ostreicher, who was detained in the notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, from June 4, 2011, until December 18, 2012, and was subsequently placed under house arrest, is one of the United States citizens who currently is enduring multiple, egregious, and continuous violations of his fundamental due process and human rights under both local and international law. (b) Sense of Congress It is the sense of Congress that foreign government officials responsible for violations of fundamental due process and human rights of United States citizens in the custody of a foreign government, as well as immediate family members of such officials, should not have the privilege of traveling to the United States while such violations are occurring. 3. Department of State protection of United States citizens abroad (a) Training for Foreign Service officers Subsection (a) of section 703 of the Foreign Service Act of 1980 (22 U.S.C. 4023) is amended— (1) in the first sentence, by striking The Secretary and inserting (1) The Secretary; and (2) by adding at the end the following new paragraph: (2) The professional development program referred to in paragraph (1) shall include the following: (A) The protocol that members of the Service are to follow to protect the human rights and due process rights of United States citizens who are in the custody of a foreign government and who have notified the Department of State that one or more of such rights is being violated. (B) Information relating to the international human rights that may be relevant in the case of a United States citizen described in paragraph (1), including the right of an individual charged with a criminal offense to be presumed innocent until proven guilty according to law as stated in the International Covenant on Civil and Political Rights. (C) The means by which a member of the Service assigned to a new post in a foreign country will be informed of the legal rights of a United States citizen who is in the custody of the government of such country pursuant to the laws of such country. . (b) Report to Congress Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the implementation of the new requirements of the professional development program required under paragraph (2) of subsection (a) of section 703 of the Foreign Service Act of 1980, as added by subsection (a)(2) of this section. 4. Denial of entry into the United States of certain foreign government officials (a) Denial of entry Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any foreign government official identified pursuant to subsection (d)(1)(C) or any immediate family members of such official. (b) Permanent ban Notwithstanding any other provision of law, if any United States citizen identified pursuant to subsection (d)(1)(A) dies from any cause while in the custody of a foreign government, the government officials identified pursuant to subsection (d)(1)(C) in relation to such citizen and the immediate family members of such officials may not be issued any visa by the Secretary of State, and may not be admitted by the Secretary of Homeland Security, to the United States at any time on or after the date of the death of such citizen. (c) Current visas revoked Notwithstanding any other provision of law, the Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) or (b) of this section. (d) Designation of inadmissible foreign officials (1) Report to Congress Not later than 30 days after the date of the enactment of this Act and every 180 days thereafter for five years, the Secretary of State shall submit to the appropriate congressional committees a report that contains the following: (A) An identification of United States citizens who are in the custody of a foreign government and whose fundamental due process or human rights pursuant to the laws of such government or international standards binding on such government are being violated. (B) An identification of the fundamental due process or human rights violations that are being committed against the citizens identified in subparagraph (A). (C) A list of the government officials who, based on credible information, are responsible for the violations of, or are failing to fulfill their official responsibility to protect, the rights identified in subparagraph (B) of any citizen identified in subparagraph (A). (2) Additional reporting requirement In the case of each semi-annual report required under paragraph (1), the Secretary of State shall include a list of the names and titles of those government officials identified in subparagraph (C) of such paragraph, and the names and relationships of the immediate family members of such officials who were denied a visa or entry to the United States pursuant to subsection (a) or (b), or whose visa was revoked pursuant to subsection (c), during the immediately preceding 180-day period. (3) Form Each report required under paragraph (1) shall be submitted in unclassified form. (4) Exception for classified annex The name of a person to be included in each report required under paragraph (1) may be submitted in a classified annex only if the President— (A) determines that it is in the best interest of a United States citizen identified pursuant to subparagraph (A) of such paragraph, or that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in such a classified annex despite any publicly available credible information indicating that the government official concerned is responsible for the violations of, or is failing to fulfill an official responsibility to protect, the rights of a United States citizen identified in subparagraph (A) of paragraph (1). (5) Public availability The unclassified portion of the report required under paragraph (1) shall be made available to the public and published in the Federal Register. (e) Removal from report designation A government official may be removed from the lists required under subsection (d)(1)(C) if the President determines and reports to the appropriate congressional committees not less than 15 days before the removal from any such list of such governmental official that— (1) credible information exists that such government official is not responsible for the violations of, or is fulfilling any official responsibility to protect, the rights identified in subsection (d)(1)(B) of any United States citizen identified in subsection (d)(1)(A) who is in the custody of a foreign government; or (2) such citizen has been released. (f) Requests by Chairpersons and Ranking Members of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being included on the list required under subsection (d)(1)(C), the President shall transmit a response to the chairperson and ranking member of the committee which made the request with respect to the status of such person. (2) Form The President may submit a response required under paragraph (1) in classified form if the President determines that it is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is necessary for the national security interests of the United States to do so. (3) Removal If the President removes from the list required under subsection (d)(1)(C) a person who has been included on such list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to such removal decision. The President may transmit such information in classified form if the President determines that such is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is in the national security interests of the United States. (g) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required under subsection (d)(1)(C) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 5. Prohibition on certain foreign assistance Notwithstanding any other provision of law, no assistance may be provided to an agency, instrumentality, or other entity of a foreign government that, based on credible information, is responsible for the violation of, or is failing to fulfill a responsibility to protect, the rights identified in section 4(d)(1)(B) of a United States citizen identified in section 4(d)(1)(A). 6. Embassy website postings It is the sense of Congress that the website of the lead United States diplomatic or consular mission located in a country where a United States citizen identified in section 4(d)(1)(A) is in the custody of a foreign government should— (1) prominently indicate that the fundamental due process or human rights of such citizen in the custody of the government of such country are being violated, and (2) provide sufficient details about the case of such citizen to alert other United States citizens of the potential dangers of visiting such country. 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Immediate family members The term immediate family members means a spouse, daughter or son regardless of age, parent, brother, sister, and fiancé or fiancée. (3) International standards The term international standards means standards specified in international agreements to which the country concerned is a party, taking into account any applicable reservations. (4) In the custody of a foreign government The term in the custody of a foreign government means to be incarcerated, under house arrest, or otherwise deprived of one’s liberty, including through the refusal of permission to leave the country concerned, by the government of such country.