U.S. Reps. Guy Reschenthaler (R-PA) and Mike Kelly (R-PA) on June 27 offered a bipartisan bill that would require the U.S. State Department to be more transparent with Congress about how wrongful detainment determinations about Americans are made abroad.
Rep. Reschenthaler sponsored the Marc Fogel Act, H.R. 4388, which is named for the 64-year-old American schoolteacher who was arrested in August 2021 by Russian authorities for trying to enter Russia with 0.6 ounces of medical marijuana. In June 2022, Fogel was sentenced to 14 years in prison.
“The Marc Fogel Act will provide transparency into the State Department’s wrongful detainment determination process and help ensure that Americans imprisoned overseas are not forgotten,” Rep. Reschenthaler said on Tuesday.
If enacted, H.R. 4388 would amend the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to require the U.S. Secretary of State to submit to Congress information relating to cases of U.S. 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, according to the bill’s text.
“Marc Fogel meets six of the 11 criteria established by the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to be designated as wrongfully detained,” said Rep. Reschenthaler. “Since last year, I have urged the State Department to classify him as wrongfully detained and prioritize securing his release.
“The department has failed to do either and refused to explain its inaction, effectively stonewalling my efforts to bring him home,” the congressman added.
Specifically, H.R. 4388 would require the State Department to provide Congress with copies of documents and communications on why a wrongful determination has or has not been made in cases of U.S. nationals detained abroad within six months of arrest.
Rep. Reschenthaler introduced H.R. 4388 alongside six original cosponsors, including Rep. Kelly and U.S. Reps. Glenn “GT” Thompson (R-PA) and Chris Deluzio (D-PA).
“By introducing this legislation, we reaffirm our collective commitment to bring Marc Fogel home,” Rep. Kelly said. “For too long, we have pressed the Biden administration to declare Mr. Fogel as wrongfully detained by the Russian government.”
Rep. Kelly said that H.R. 4388 would allow Congress to receive critical information about Fogel and why he has not received such a declaration, but also for other Americans who may be imprisoned or held hostage abroad in the future.
“No American should be left behind, and I pray Mr. Fogel will be reunited with his wonderful family as soon as possible,” he added.