A lawmaker introduced a new piece of legislation that would require the State Department to provide relevant committees with information about Americans recently detained abroad.
Rep. Guy Reschenthaler (R-PA) introduced the Marc Fogel Act, named after a man from his district detained in Russia on drug charges, on Tuesday which would force the department to provide lawmakers with information on any case of an American detained abroad if a determination on whether the individual is being wrongfully detained exceeds 180 days.
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The department uses the Levinson Act, passed in 2020, to determine whether Americans detained abroad are being done so unjustly, and if that determination is made, the case goes under the purview of the special presidential envoy for hostage affairs.
Fogel was arrested in August 2021 in Russia and was sentenced to 14 years in prison for possession of medical marijuana used to treat a back injury.
The Pennsylvania congressman met with members of Fogel's family late last month, and Reschenthaler's office said the family is supportive of the legislation. Reps. Chris Deluzio (D-PA), Mike Kelly (R-PA), and Brendan Boyle (D-PA) are supportive of the legislation, Reschenthaler's office noted.
Reschenthaler has frequently urged the administration to declare Fogel wrongfully detained.
“Marc Fogel meets six of the eleven criteria established by the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to be designated as wrongfully detained. Since last year, I have urged the State Department to classify him as wrongfully detained and prioritize securing his release," Reschenthaler said in a statement. "The Department has failed to do either and refused to explain its inaction – effectively stonewalling my efforts to bring him home. 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.”
His case is similar to that of WNBA player Brittney Griner, who was arrested for possession of marijuana in February of 2022 and spent nearly a year in prison before President Joe Biden agreed to a prisoner exchange to secure her freedom in December of that year. Biden agreed to two prisoner swaps last year, both of which left Fogel and Paul Whelan, another American whom the administration has declared wrongfully detained, behind.
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Whelan was arrested in late 2018 while in Russia for a wedding and was sentenced to 16 years in prison in June 2020.
The House of Representatives passed a resolution in May supporting those detained in Russia, including Fogel, Whelan, and Wall Street Journal reporter Evan Gershkovich, who was also arrested on espionage charges that the Biden administration has determined are dubious.