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H.R. 4388House118th Congress (2023-2025)In Committee

Marc Fogel Act

Sponsored by Guy ReschenthalerRep. Guy Reschenthaler (R-PA)
Introduced June 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 9:31 AM UTC

The Marc Fogel Act amends the Robert Levinson Hostage Recovery and Hostage‑Taking Accountability Act to require the Secretary of State to report to Congress about U.S. citizens detained abroad when the State Department has either not made a determination or has concluded there is no credible evidence of unlawful or wrongful detention. The report must be submitted within 180 days of starting a review and includes all relevant documents and, when applicable, a justification for the determination. The bill affects U.S. nationals detained overseas and the State Department’s reporting duties to Congress.

Key Provisions

  • If the Secretary of State has not made a determination within 180 days of beginning a review, they must send all related documents and communications to the appropriate congressional committees.
  • If the Secretary determines there is no credible information of unlawful detention, they must also send the same documents plus a written justification for that determination.
  • The required documents include memoranda, legal opinions, audio recordings, emails, and any other communications related to the case.
  • The information is to be provided in unclassified form, though a classified annex may be attached.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Foreign Affairs.

Foreign Affairs Committee

June 27, 2023

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HouseIntro Referral

Introduced in House

June 27, 2023

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

Foreign Affairs Committee

June 27, 2023

Floor Debate

1 member

What members said about H.R. 4388 on the floor

1 Republican
Glenn Thompson
Rep. Glenn ThompsonR-PA-15 · Jul 28, 2023

Mr. Speaker, I rise today with a heavy heart on Marc Fogel's 62nd birthday. Marc, a native of Butler County, Pennsylvania, isn't celebrating with his family today because he's wrongfully detained in…

Record

Bill Text

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Introduced in HouseIssued June 27, 2023

I

118th CONGRESS

1st Session

H. R. 4388

IN THE HOUSE OF REPRESENTATIVES

June 27, 2023

Mr. Reschenthaler (for himself, Mr. Kelly of Pennsylvania, Mr. Deluzio, Mr. Boyle of Pennsylvania, Mr. Thompson of Pennsylvania, Mr. Evans, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Foreign Affairs

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.

1.

Short title

This Act may be cited as the Marc Fogel Act.

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—

(1)

by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and

(2)

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.

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