Marc Fogel Legislation
H. Rept. 118-146 - Fogel Report
State, Foreign Operations, & Related Programs Appropriations Bill, 2024 HOUSE COMMITTEE ON APPROPRIATIONS
Fogel report.—The Committee has serious and growing concerns regarding the status of American citizen Marc Fogel, who has been detained in Russia since August 2021. The Committee notes the Department of State has not been able to provide information on why Mr. Fogel has not been classified as wrongfully detained under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (subtitle A of Public Law 116–260). Not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing information related to the review conducted by the Department on whether Marc Fogel is wrongfully detained. The information required shall be submitted in unclassified form but may contain a classified annex
H.R.4388 - Marc Fogel Act
HOUSE 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Marc Fogel Act”.
SEC. 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.”.
S. Con. Res. 18 - Calling for the immediate release of Marc Fogel
SENATE COMMITTEE ON FOREIGN RELATIONS
Concurrent Resolution. —
Whereas United States citizen Marc Fogel has lived a life of service, teaching history at international schools in Colombia, Malaysia, Oman, Venezuela, and Russia for 35 years;
Whereas Marc Fogel taught at the Anglo-American School of Moscow from 2012 to 2021, honorably serving the children of United States diplomats and members of the Armed Forces;
Whereas Marc Fogel is known to his family, friends, colleagues, and students as a kind, personable, upbeat, and giving man, a loving father, and a passionate and dedicated teacher;
Whereas Marc Fogel has undergone three back surgeries, a spinal fusion, a hip replacement, and two knee surgeries to correct various injuries and health issues, which have left him with chronic back pain and a permanent limp;
Whereas Marc Fogel did not wish to use opioids to manage his pain and was instead prescribed medical marijuana for pain management in a manner consistent with the State law of Pennsylvania;
Whereas, on August 14, 2021, as he returned to Russia for one final year of teaching before his intended retirement, Marc Fogel was arrested in the Sheremetyevo airport in Moscow for carrying about half an ounce of medical marijuana in his luggage;
Whereas Marc Fogel has stated he intended that marijuana solely for personal consumption, and the Government of the Russian Federation has presented no evidence to the contrary;
Whereas, on June 16, 2022, a Russian court convicted Marc Fogel of “large-scale drugs smuggling” in a politicized show trial and sentenced him to 14 years in a maximum-security penal colony in Russia;
Whereas Russian lawyers informed the family that the typical sentence for Marc Fogel’s offense is five years of probation, and in 2019, the same Russian court sentenced Alexander Grigoriev to eight years in prison for the possession of 1,500 grams of various narcotics;
Whereas Marc Fogel’s sentence is vastly disproportionate to the severity of his nonviolent crime, wildly dissimilar to the typical punishments for comparable offenses in Russia, and clearly motivated by ongoing political tensions between Russia and the United States;
Whereas, in August 2022, Russian courts denied Marc Fogel’s appeal of his sentence;
Whereas the 2021 Country Report on Human Rights Practices in Russia issued by the Department of State reported, “Conditions in prisons and detention centers … were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common”;
Whereas Marc Fogel turns 62 years old in July 2023, and his physical and mental health is rapidly declining due to the stress and harsh conditions of his detention, such that his family fears he will not survive his sentence; and
Whereas the Department of State requested Marc Fogel be released from Russian custody on humanitarian grounds, but received no response to that request: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That Congress—
(1) calls on the Government of the Russian Federation to immediately release Marc Fogel, who has already served more time in prison than his minor and nonviolent crimes can justify;
(2) urges the Government of the Russian Federation to respect Marc Fogel’s human rights and to provide full, unfettered, and consistent consular access to Marc Fogel while he remains in detention, in accordance with its international obligations;
(3) urges all United States executive branch officials, including relevant officials at the Department of State and the White House, to raise the case of Marc Fogel and to press for his immediate release in all interactions with the Government of the Russian Federation;
(4) urges the Government of the Russian Federation to desist from issuing outlandishly disproportionate criminal sentences to nonviolent United States nationals;
(5) condemns the Government of the Russian Federation’s continued use of detentions and prosecutions of citizens and lawful permanent residents of the United States for political purposes;
(6) calls for the immediate release of other citizens and lawful permanent residents of the United States who are wrongfully and unlawfully detained in Russia, such as Paul Whelan, Evan Gershkovich, Ksenia Khavana, Alsu Kurmasheva, and Vladimir Kara-Murza; and
(7) expresses sympathy for and solidarity with the families of all other citizens and lawful permanent residents of the United States wrongfully detained abroad for the personal hardship experienced as a result of the arbitrary and baseless detention of their loved ones.
H. Con. Res. 60 - Calling for the immediate release of Marc Fogel
HOUSE COMMITTEE ON FOREIGN AFFAIRS
Concurrent Resolution. —
Calling for the immediate release of Marc Fogel, a United States citizen and teacher, who was given an unjust and disproportionate criminal sentence by the Government of the Russian Federation in June 2022.
Whereas United States citizen Marc Fogel has lived a life of service, teaching history at international schools in Colombia, Malaysia, Oman, Venezuela, and Russia for 35 years;
Whereas Marc Fogel taught at the Anglo-American School of Moscow from 2012 to 2021, honorably serving the children of United States diplomats and members of the Armed Forces;
Whereas Marc Fogel is known to his family, friends, colleagues, and students as a kind, personable, upbeat, and giving man, a loving father, and a passionate and dedicated teacher;
Whereas Marc Fogel has undergone three back surgeries, a spinal fusion, a hip replacement, and two knee surgeries to correct various injuries and health issues, which have left him with chronic back pain and a permanent limp;
Whereas Marc Fogel did not wish to use opioids to manage his pain and was instead prescribed medical marijuana for pain management in a manner consistent with the State law of Pennsylvania;
Whereas, on August 14, 2021, as he returned to Russia for one final year of teaching before his intended retirement, Marc Fogel was arrested in the Sheremetyevo airport in Moscow for carrying about half an ounce of medical marijuana in his luggage;
Whereas Marc Fogel has stated he intended that marijuana solely for personal consumption, and the Government of the Russian Federation has presented no evidence to the contrary;
Whereas, on June 16, 2022, a Russian court convicted Marc Fogel of “large-scale drugs smuggling” in a politicized show trial and sentenced him to 14 years in a maximum-security penal colony in Russia;
Whereas Russian lawyers informed the family that the typical sentence for Marc Fogel’s offense is five years of probation, and in 2019, the same Russian court sentenced Alexander Grigoriev to eight years in prison for the possession of 1,500 grams of various narcotics;
Whereas Marc Fogel’s sentence is vastly disproportionate to the severity of his nonviolent crime, wildly dissimilar to the typical punishments for comparable offenses in Russia, and clearly motivated by ongoing political tensions between Russia and the United States;
Whereas, in August 2022, Russian courts denied Marc Fogel’s appeal of his sentence;
Whereas the 2021 Country Report on Human Rights Practices in Russia issued by the Department of State reported, “Conditions in prisons and detention centers … were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common”;
Whereas Marc Fogel turns 62 years old in July 2023, and his physical and mental health is rapidly declining due to the stress and harsh conditions of his detention, such that his family fears he will not survive his sentence; and
Whereas the Department of State requested Marc Fogel be released from Russian custody on humanitarian grounds, but received no response to that request: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That Congress—
(1) calls on the Government of the Russian Federation to immediately release Marc Fogel, who has already served more time in prison than his minor and nonviolent crimes can justify;
(2) urges the Government of the Russian Federation to respect Marc Fogel’s human rights and to provide full, unfettered, and consistent consular access to Marc Fogel while he remains in detention, in accordance with its international obligations;
(3) urges all United States executive branch officials, including President Joseph Biden, Secretary of State Antony Blinken, and Special Presidential Envoy for Hostage Affairs Roger Carstens, to raise the case of Marc Fogel and to press for his immediate release in all interactions with the Government of the Russian Federation;
(4) urges the Government of the Russian Federation to desist from issuing outlandishly disproportionate criminal sentences to nonviolent United States citizens;
(5) condemns the Government of the Russian Federation’s continued use of detentions and prosecutions of citizens and lawful permanent residents of the United States for political purposes;
(6) calls for the immediate release of other citizens and lawful permanent residents of the United States who are wrongfully detained in Russia, such as Paul Whelan, Evan Gershkovich, and Vladimir Kara-Murza; and
(7) expresses sympathy for and solidarity with the families of all other citizens and lawful permanent residents of the United States wrongfully detained abroad for the personal hardship experienced as a result of the arbitrary and baseless detention of their loved ones.