,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #aggh  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bf1 #bjac    
,mr4 ,smith of ,new ,jersey 7for himself
 and ,ms4 ,velzquez7 introduced the     
following bill2 which was referred to   
the ,committee on ,foreign ,affairs1 and
 in addition to the ,committee on the   
,judiciary1 for a period to be          
subsequently determined by the ,speaker1
 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      
governments1 to deny entry into the     
,united ,states of officials of any     
foreign government1 including their     
immediate family members1 who commit or 
who fail to rectify fundamental due     
process and human rights violations of  
,united ,states citizens in the custody 
of a foreign government1 and for other  

purposes4  #a4 ,short title ,this ,act  
may be cited as the ,justice for        
,imprisoned ,americans ,overseas ,act of
 #bjac or the ,jacob's ,law of #bjac4   
#b4 ,findings2 ,sense of ,congress  7a7 
,findings ,congress finds the following3
  7#a7 ,the ,president is required under
 section #bjja of the ,revised ,statutes
 of the ,united ,states 7#bb ,u4,s4,c4  
#agcb7 to demand the release of any     
citizen who has been unjustly deprived  
of his liberty by or under the authority
 of any foreign government1 and to      
undertake appropriate means to obtain   
the release of such citizen4  7#b7 ,in a
 statement submitted to the ,committee  
on the ,judiciary of the ,senate on     
,july #bg1 #bjaa1 former ,secretary of  
,state ,hillary ,clinton stated that the
 ,state ,department has no greater      
responsibility than the protection of   
,u4,s4 citizens overseas--particularly  
when ,americans find themselves in the  
custody of a foreign government1 facing 
an unfamiliar1 and at times unfair1     

legal system44  7#c7 ,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 officials4  7#d7 ,mr4 ,jacob 
,ostreicher1 who was detained in the    
notorious ,palmasola prison in ,santa   
,cruz de la ,sierra1 ,bolivia1 from     
,june #d1 #bjaa1 until ,december #ah1   
#bjab1 and was subsequently placed under
 house arrest1 is one of the ,united    
,states citizens who currently is       
enduring multiple1 egregious1 and       
continuous violations of his fundamental
 due process and human rights under both
 local and international law4  7b7      
,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 government1 as well
 as immediate family members of such    

officials1 should not have the privilege
 of traveling to the ,united ,states    
while such violations are occurring4    
#c4 ,department of ,state protection of 
,united ,states citizens abroad  7a7    
,training for ,foreign ,service officers
 ,subsection 7a7 of section #gjc of the 
,foreign ,service ,act of #aihj 7#bb    
,u4,s4,c4 #djbc7 is amended--  7#a7 in  
the first sentence1 by striking ,the    
,secretary and inserting 7#a7 ,the      
,secretary2 and  7#b7 by adding at the  
end the following new paragraph3  7#b7  
,the professional development program   
referred to in paragraph 7#a7 shall     
include the following3  7,a7 ,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     
violated4  7,b7 ,information relating to
 the international human rights that may

 be relevant in the case of a ,united   
,states citizen described in paragraph  
7#a71 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 ,rights4  7,c7    
,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 country4  4  7b7       
,report to ,congress ,not later than #ij
 days after the date of the enactment of
 this ,act1 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 7#b7 of subsection 7a7 of     
section #gjc of the ,foreign ,service   

,act of #aihj1 as added by subsection   
7a77#b7 of this section4  #d4 ,denial of
 entry into the ,united ,states of      
certain foreign government officials    
7a7 ,denial of entry ,notwithstanding   
any other provision of law1 the         
,secretary of ,state may not issue any  
visa to1 and the ,secretary of ,homeland
 ,security shall deny entry to the      
,united ,states of1 any foreign         
government official identified pursuant 
to subsection 7d77#a77;,c7 or any       
immediate family members of such        
official4  7b7 ,permanent ban           
,notwithstanding any other provision of 
law1 if any ,united ,states citizen     
identified pursuant to subsection       
7d77#a77;,a7 dies from any cause while  
in the custody of a foreign government1 
the government officials identified     
pursuant to subsection 7d77#a77;,c7 in  
relation to such citizen and the        
immediate family members of such        
officials may not be issued any visa by 
the ,secretary of ,state1 and may not be

 admitted by the ,secretary of ,homeland
 ,security1 to the ,united ,states at   
any time on or after the date of the    
death of such citizen4  7c7 ,current    
visas revoked ,notwithstanding any other
 provision of law1 the ,secretary of    
,state shall revoke1 in accordance with 
section #bba7;i7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#abja7;i771 the visa or other           
documentation of any alien who would be 
ineligible to receive such a visa or    
documentation under subsection 7a7 or   
7b7 of this section4  7d7 ,designation  
of inadmissible foreign officials  7#a7 
,report to ,congress ,not later than #cj
 days after the date of the enactment of
 this ,act and every #ahj days          
thereafter for five years1 the          
,secretary of ,state shall submit to the
 appropriate congressional committees a 
report that contains the following3     
7,a7 ,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 violated4     
7,b7 ,an identification of the          
fundamental due process or human rights 
violations that are being committed     
against the citizens identified in      
subparagraph 7,a74  7,c7 ,a list of the 
government officials who1 based on      
credible information1 are responsible   
for the violations of1 or are failing to
 fulfill their official responsibility  
to protect1 the rights identified in    
subparagraph 7,b7 of any citizen        
identified in subparagraph 7,a74  7#b7  
,additional reporting requirement ,in   
the case of each semi-annual report     
required under paragraph 7#a71 the      
,secretary of ,state shall include a    
list of the names and titles of those   
government officials identified in      
subparagraph 7,c7 of such paragraph1 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 7a7 or 7b71 or whose visa   
was revoked pursuant to subsection 7c71 
during the immediately preceding        
#ahj-;day period4  7#c7 ,form ,each     
report required under paragraph 7#a7    
shall be submitted in unclassified form4
  7#d7 ,exception for classified annex  
,the name of a person to be included in 
each report required under paragraph    
7#a7 may be submitted in a classified   
annex only if the ,president--  7,a7    
determines that it is in the best       
interest of a ,united ,states citizen   
identified pursuant to subparagraph 7,a7
 of such paragraph1 or that it is vital 
for the national security interests of  
the ,united ,states to do so2  7,b7 uses
 the annex in such a manner consistent  
with congressional intent and the       
purposes of this ,act2 and  7,c7 #ae    
days before submitting the name in a    
classified annex1 provides to the       
appropriate congressional committees    

notice of1 and a justification for1     
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 of1 or is
 failing to fulfill an official         
responsibility to protect1 the rights of
 a ,united ,states citizen identified in
 subparagraph 7,a7 of paragraph 7#a74   
7#e7 ,public availability ,the          
unclassified portion of the report      
required under paragraph 7#a7 shall be  
made available to the public and        
published in the ,federal ,register4    
7e7 ,removal from report designation ,a 
government official may be removed from 
the lists required under subsection     
7d77#a77;,c7 if the ,president          
determines and reports to the           
appropriate congressional committees not
 less than #ae days before the removal  
from any such list of such governmental 
official that--  7#a7 credible          

information exists that such government 
official is not responsible for the     
violations of1 or is fulfilling any     
official responsibility to protect1 the 
rights identified in subsection         
7d77#a77;,b7 of any ,united ,states     
citizen identified in subsection        
7d77#a77;,a7 who is in the custody of a 
foreign government2 or  7#b7 such       
citizen has been released4  7f7         
,requests by ,chairpersons and ,ranking 
,members of appropriate congressional   
committees  7#a7 ,in general ,not later 
than #abj 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 7d77#a77;,c71 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      
person4  7#b7 ,form ,the ,president may 

submit a response required under        
paragraph 7#a7 in classified form if the
 ,president determines that it is in the
 best interest of a ,united ,states     
citizen identified pursuant to          
subsection 7d77#a77;,a71 or that it is  
necessary for the national security     
interests of the ,united ,states to do  
so4  7#c7 ,removal ,if the ,president   
removes from the list required under    
subsection 7d77#a77;,c7 a person who has
 been included on such list at the      
request of the chairperson and ranking  
member of one of the appropriate        
congressional committees1 the ,president
 shall provide the chairperson and      
ranking member with any information that
 contributed to such removal decision4  
,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 7d77#a77;,a71 or that it is  
in the national security interests of   

the ,united ,states4  7g7               
,nonapplicability of confidentiality    
requirement with respect to visa records
 ,the ,president shall publish the list 
required under subsection 7d77#a77;,c7  
without regard to the requirements of   
section #bbb7;f7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#abjb7;f77 with respect to              
confidentiality of records pertaining to
 the issuance or refusal of visas or    
permits to enter the ,united ,states4   
#e4 ,prohibition on certain foreign     
assistance ,notwithstanding any other   
provision of law1 no assistance may be  
provided to an agency1 instrumentality1 
or other entity of a foreign government 
that1 based on credible information1 is 
responsible for the violation of1 or is 
failing to fulfill a responsibility to  
protect1 the rights identified in       
section #d7;d77#a77;,b7 of a ,united    
,states citizen identified in section   
#d7;d77#a77;,a74  #f4 ,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   
#d7;d77#a77;,a7 is in the custody of a  
foreign government should--  7#a7       
prominently indicate that the           
fundamental due process or human rights 
of such citizen in the custody of the   
government of such country are being    
violated1 and  7#b7 provide sufficient  
details about the case of such citizen  
to alert other ,united ,states citizens 
of the potential dangers of visiting    
such country4  #g4 ,definitions ,in this
 ,act3  7#a7 ,appropriate congressional 
committees ,the term appropriate        
congressional committees means the      
,committee on ,foreign ,affairs and the 
,committee on the ,judiciary of the     
,house of ,representatives1 and the     
,committee on ,foreign ,relations and   
the ,committee on the ,judiciary of the 
,senate4  7#b7 ,immediate family members
 ,the term immediate family members     

means a spouse1 daughter or son         
regardless of age1 parent1 brother1     
sister1 and fianc or fiance4  7#c7      
,international standards ,the term      
international standards means standards 
specified in international agreements to
 which the country concerned is a party1
 taking into account any applicable     
reservations4  7#d7 ,in the custody of a
 foreign government ,the term in the    
custody of a foreign government means to
 be incarcerated1 under house arrest1 or
 otherwise deprived of one's liberty1   
including through the refusal of        
permission to leave the country         
concerned1 by the government of such    
country4