Executive Summary

This report, conducted by the James W. Foley Legacy Foundation (JWFLF), is a continuation of JWFLF’s initial assessment of the efficacy of the 2015 U.S. Hostage Policy Review and the implementation of PPD-30 and EO 13698. This study was conducted from the perspective of American hostages, wrongfully held detainees, and their family members and representatives. It does not represent the perspective of all former hostages, detainees, and their families, but only presents the perspectives of those who participated in this study.

Based on confidential interviews with 25 participants, this report provides insights into how the U.S. government’s 2015 reforms of its hostage recovery enterprise continue to impact American hostage families. Additionally, this report examines the support wrongfully-detained U.S. nationals and their families receive from the government. All interviews were conducted between November 2019 and February 2020. This study is intended to spark and inform discussions that will continue to improve the U.S. government’s provision of support to hostages, wrongful detainees, and their families.

1) The results of the U.S. government’s 2015 reforms of the hostage recovery enterprise have been largely durable and effective, but the complexity of hostage cases demands continued improvements.

• The structures created by the U.S. government’s 2015 Hostage Review largely continue to function effectively. The creation of the Hostage Recovery Fusion Cell (HRFC) and the office of the Special Presidential Envoy for Hostage Affairs (SPEHA) improved governmental access for hostage families and this year’s hostage participants remained generally pleased with their ability to gain access to the U.S. government through these organizations. The U.S. government must continue to maintain the organizations created by EO 13698 and should ensure the HRFC’s sustainability by providing dedicated funding.
• Aside from securing the release of their loved ones, sharing information with families is one of the most important aspects of supporting the families of American hostages and was a focus of the 2015 reforms. Hostage participants are generally satisfied with the current status of information sharing, but have shared some concerns about the amount of information that is declassified for their use. The U.S. government should continue to focus on finding effective mechanisms to declassify information pertinent to the cases of American hostages and wrongfully held detainees.
• Upon their return home, American hostages and their families have to deal with a new challenge: the reintegration of their loved one after a traumatic event. Hostage participants shared that the U.S. government’s role during this timeframe is unclear, as is the level of support they can rely on during this difficult time. The U.S. government should strongly support the families of American hostages and wrongful detainees after their captivities and should clarify the support it can and will provide.

2) The families of Americans wrongfully detained by a foreign government, but whose detention the government acknowledges, have generally not benefited from the government’s 2015 reforms and require additional support.

• There is a notable disparity in the treatment of hostage and wrongful-detainee families by the U.S. government, with the latter receiving less attention, information, and access. While there are a variety of reasons for this disparity, the U.S. government can do more to support the families of those Americans wrongfully detained abroad. The U.S. government should conduct a review of its current procedures for supporting the families of wrongful detainees and identify available funding and changes that need to be made in current law, policy, and authorities to better support these families.
• One of the most impactful changes made by EO 13698 was the creation of the Family Engagement Coordinator (FEC) within the HRFC, a position that helped families gain consistent access to information. The wrongful detainee participants are largely unsatisfied with the consistency and accuracy of information shared with them, so access to a FEC would have a significant impact on the support the families of wrongful detainees receive. The U.S. government should create a family engagement coordinator position within the SPEHA’s office.
• Even though they are being held by foreign governments and not terrorist groups or criminals, Americans wrongfully detained are being held for leverage against the United States, making their cases very similar to hostage cases. In addition, courts and routine diplomacy are of limited utility in these cases, requiring the help of organizations such as the SPEHA’s office and, potentially, the HRFC. That said, it is unclear what criteria a case must meet for the U.S. government to consider a detention wrongful. The U.S. government should identify the criteria for a case to be considered a wrongful detention along with the entity within the U.S. government who makes that determination, and publicly share both.

3) While the current administration has placed an emphasis on bringing Americans home, hostage and detainee cases require continued focus and prioritization.

• One of the structural innovations of the government’s 2015 reforms was the creation of a sub-deputies committee at the National Security Council, the Hostage Response Group, as a mechanism to adjudicate interagency disputes about hostage cases. Hostage and wrongful detainee participants, however, expressed concerns that their loved ones’ cases lack dedicated representation at the National Security Council’s Deputies Committee and that the HRFC and the SPEHA’s office have limited abilities to coordinate the actions of the interagency and resolve their loved ones’ cases. The U.S. government should consider structural changes to enhance the ability of the HRFC and SPEHA’s office to direct hostage and wrongful detainee cases across the interagency.
• The SPEHA’s office has proven essential in assisting families and managing the diplomatic aspects of hostage and wrongful-detainee recovery efforts. Participants, however, noted with deep concern the reduction in the office’s ability to pursue diplomatic engagement, as well as an increase in vacant positions, during the vacancy of the SPEHA. Maintaining an appointed SPEHA and a fully staffed office must remain a priority for current and future administrations.