[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5074 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5074

 To provide assistance for United States citizens and nationals taken 
  hostage or unlawfully or wrongfully detained abroad, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2020

 Mr. Menendez introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To provide assistance for United States citizens and nationals taken 
  hostage or unlawfully or wrongfully detained abroad, and for other 
                               purposes.

    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 ``Robert Levinson Hostage Recovery and 
Hostage-Taking Accountability Act''.

SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR WRONGFULLY 
              DETAINED ABROAD.

    (a) Review.--The Secretary of State shall review the cases of 
United States nationals detained abroad to determine if there is 
credible information that they are being detained unlawfully or 
wrongfully, based on criteria which may include whether--
            (1) United States officials receive or possess credible 
        information indicating innocence of the detained individual;
            (2) the individual is being detained solely or 
        substantially because he or she is a United States national;
            (3) the individual is being detained solely or 
        substantially to influence United States Government policy or 
        to secure economic or political concessions from the United 
        States Government;
            (4) the detention appears to be because the individual 
        sought to obtain, exercise, defend, or promote freedom of the 
        press, freedom of religion, or the right to peacefully 
        assemble;
            (5) the individual is being detained in violation of the 
        laws of the detaining country;
            (6) independent nongovernmental organizations or 
        journalists have raised legitimate questions about the 
        innocence of the detained individual;
            (7) the United States mission in the country where the 
        individual is being detained has received credible reports that 
        the detention is a pretext for an illegitimate purpose;
            (8) the individual is detained in a country where the 
        Department of State has determined in its annual human rights 
        reports that the judicial system is not independent or 
        impartial, is susceptible to corruption, or is incapable of 
        rendering just verdicts;
            (9) the individual is being detained in inhumane 
        conditions;
            (10) due process of law has been sufficiently impaired so 
        as to render the detention arbitrary; and
            (11) United States diplomatic engagement is likely 
        necessary to secure the release of the detained individual.
    (b) Referrals to the Special Envoy.--Upon a determination by the 
Secretary of State, based on the totality of the circumstances, that 
there is credible information that the detention of a United States 
national abroad is unlawful or wrongful, and regardless of whether the 
detention is by a foreign government or a nongovernmental actor, the 
Secretary shall transfer responsibility for such case from the Bureau 
of Consular Affairs of the Department of State to the Special Envoy for 
Hostage Affairs created pursuant to section 3.
    (c) Report.--
            (1) Annual report.--
                    (A) In general.--The Secretary of State shall 
                submit to the appropriate congressional committees an 
                annual report with respect to United States nationals 
                for whom the Secretary determines there is credible 
                information of unlawful or wrongful detention abroad.
                    (B) Form.--The report required under this paragraph 
                shall be submitted in unclassified form, but may 
                include a classified annex if necessary.
            (2) Composition.--The report required under paragraph (1) 
        shall include current estimates of the number of individuals so 
        detained, as well as relevant information about particular 
        cases, such as--
                    (A) the name of the individual, unless the 
                provision of such information is inconsistent with 
                section 552a of title 5, United States Code (commonly 
                known as the ``Privacy Act of 1974'');
                    (B) basic facts about the case;
                    (C) a summary of the information that such 
                individual may be detained unlawfully or wrongfully;
                    (D) a description of specific efforts, legal and 
                diplomatic, taken on behalf of the individual since the 
                last reporting period, including a description of 
                accomplishments and setbacks; and
                    (E) a description of intended next steps.
    (d) Resource Guidance.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act and after consulting with relevant 
        organizations that advocate on behalf of United States 
        nationals detained abroad and the Family Engagement Coordinator 
        established pursuant to section 4(c)(2), the Secretary of State 
        shall provide resource guidance in writing for government 
        officials and families of unjustly or wrongfully detained 
        individuals.
            (2) Content.--The resource guidance required under 
        paragraph (1) should include--
                    (A) information to help families understand United 
                States policy concerning the release of United States 
                nationals unlawfully or wrongfully held abroad;
                    (B) contact information for officials in the 
                Department of State or other government agencies suited 
                to answer family questions;
                    (C) relevant information about options available to 
                help families obtain the release of unjustly or 
                wrongfully detained individuals, such as guidance on 
                how families may engage with United States diplomatic 
                and consular channels to ensure prompt and regular 
                access for the detained individual to legal counsel, 
                family members, humane treatment, and other services;
                    (D) guidance on submitting public or private 
                letters from members of Congress or other individuals 
                who may be influential in securing the release of an 
                individual; and
                    (E) appropriate points of contacts, such as legal 
                resources and counseling services, who have a record of 
                assisting victims' families.

SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

    (a) Establishment.--There shall be a Special Presidential Envoy for 
Hostage Affairs, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and shall report to the Secretary 
of State.
    (b) Rank.--The Special Envoy shall have the rank and status of 
ambassador.
    (c) Responsibilities.--The Special Presidential Envoy for Hostage 
Affairs shall--
            (1) lead diplomatic engagement on United States hostage 
        policy;
            (2) coordinate all diplomatic engagements and strategy in 
        support of hostage recovery efforts, in coordination with the 
        Hostage Recovery Fusion Cell and consistent with policy 
        guidance communicated through the Hostage Response Group;
            (3) in coordination with the Hostage Recovery Fusion Cell 
        as appropriate, coordinate diplomatic engagements regarding 
        cases in which a foreign government has detained a United 
        States national and the United States Government regards such 
        detention as unlawful or wrongful;
            (4) provide senior representation from the Special Envoy's 
        office to the Hostage Recovery Fusion Cell established under 
        section 4 and the Hostage Response Group established under 
        section 5; and
            (5) ensure that families of United States nationals 
        unlawfully or wrongly detained abroad receive updated 
        information about developments in cases and government policy.

SEC. 4. HOSTAGE RECOVERY FUSION CELL.

    (a) Establishment.--The President shall establish an interagency 
Hostage Recovery Fusion Cell.
    (b) Participation.--The President shall direct the heads of each of 
the following executive departments, agencies, and offices to make 
available personnel to participate in the Hostage Recovery Fusion Cell:
            (1) The Department of State.
            (2) The Department of the Treasury.
            (3) The Department of Defense.
            (4) The Department of Justice.
            (5) The Office of the Director of National Intelligence.
            (6) The Federal Bureau of Investigation.
            (7) The Central Intelligence Agency.
            (8) Other agencies as the President, from time to time, may 
        designate.
    (c) Personnel.--The Hostage Recovery Fusion Cell shall include--
            (1) a Director, who shall be a full-time senior officer or 
        employee of the United States Government;
            (2) a Family Engagement Coordinator who shall--
                    (A) work to ensure that all interactions by 
                executive branch officials with a hostage's family 
                occur in a coordinated fashion and that the family 
                receives consistent and accurate information from the 
                United States Government; and
                    (B) if directed, perform the same function as set 
                out in subparagraph (A) with regard to the family of a 
                United States national who is unlawfully or wrongfully 
                detained abroad; and
            (3) other officers and employees as deemed appropriate by 
        the President.
    (d) Duties.--The Hostage Recovery Fusion Cell shall--
            (1) coordinate efforts by participating agencies to ensure 
        that all relevant information, expertise, and resources are 
        brought to bear to secure the safe recovery of United States 
        nationals held hostage abroad;
            (2) if directed, coordinate the United States Government's 
        response to other hostage-takings occurring abroad in which the 
        United States has a national interest;
            (3) if directed, coordinate or assist the United States 
        Government's response to help secure the release of United 
        States nationals unlawfully or wrongfully detained abroad; and
            (4) pursuant to policy guidance coordinated through the 
        National Security Council--
                    (A) identify and recommend hostage recovery options 
                and strategies to the President through the National 
                Security Council or the Deputies Committee of the 
                National Security Council;
                    (B) coordinate efforts by participating agencies to 
                ensure that information regarding hostage events, 
                including potential recovery options and engagements 
                with families and external actors (including foreign 
                governments), is appropriately shared within the United 
                States Government to facilitate a coordinated response 
                to a hostage-taking;
                    (C) assess and track all hostage-takings of United 
                States nationals abroad and provide regular reports to 
                the President and Congress on the status of such cases 
                and any measures being taken toward the hostages' safe 
                recovery;
                    (D) provide a forum for intelligence sharing and, 
                with the support of the Director of National 
                Intelligence, coordinate the declassification of 
                relevant information;
                    (E) coordinate efforts by participating agencies to 
                provide appropriate support and assistance to hostages 
                and their families in a coordinated and consistent 
                manner and to provide families with timely information 
                regarding significant events in their cases;
                    (F) make recommendations to agencies in order to 
                reduce the likelihood of United States nationals' being 
                taken hostage abroad and enhance United States 
                Government preparation to maximize the probability of a 
                favorable outcome following a hostage-taking; and
                    (G) coordinate with agencies regarding 
                congressional, media, and other public inquiries 
                pertaining to hostage events.
    (e) Administration.--The Hostage Recovery Fusion Cell shall be 
located within the Federal Bureau of Investigation for administrative 
purposes.

SEC. 5. HOSTAGE RESPONSE GROUP.

    (a) Establishment.--The President shall establish a Hostage 
Response Group, chaired by a designated member of the National Security 
Council or the Deputies Committee of the National Security Council, to 
be convened on a regular basis, to further the safe recovery of United 
States nationals held hostage abroad or unlawfully or wrongfully 
detained abroad, and to be tasked with coordinating the United States 
Government response to other hostage-takings occurring abroad in which 
the United States has a national interest.
    (b) Membership.--The regular members of the Hostage Response Group 
shall include the Director of the Hostage Recovery Fusion Cell, the 
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the 
Special Envoy appointed pursuant to section 3, and representatives from 
the Department of the Treasury, the Department of Defense, the 
Department of Justice, the Federal Bureau of Investigation, the Office 
of the Director of National Intelligence, the Central Intelligence 
Agency, and other agencies as the President, from time to time, may 
designate.
    (c) Duties.--The Hostage Recovery Group shall--
            (1) identify and recommend hostage recovery options and 
        strategies to the President through the National Security 
        Council;
            (2) coordinate the development and implementation of United 
        States hostage recovery policies, strategies, and procedures;
            (3) receive regular updates from the Hostage Recovery 
        Fusion Cell and the Special Envoy for Hostage Affairs on the 
        status of United States nationals being held hostage or 
        unlawfully or wrongfully detained abroad and measures being 
        taken to effect safe recoveries;
            (4) coordinate the provision of policy guidance to the 
        Hostage Recovery Fusion Cell, including reviewing recovery 
        options proposed by the Hostage Recovery Fusion Cell and 
        working to resolve disputes within the Hostage Recovery Fusion 
        Cell;
            (5) as appropriate, direct the use of resources at the 
        Hostage Recovery Fusion Cell to coordinate or assist in the 
        safe recovery of United States nationals unlawfully or 
        wrongfully detained abroad; and
            (6) as appropriate, direct the use of resources at the 
        Hostage Recovery Fusion Cell to coordinate the United States 
        Government response to other hostage-takings occurring abroad 
        in which the United States has a national interest.
    (d) Meetings.--The Hostage Response Group shall meet regularly.
    (e) Reporting.--The Hostage Response Group shall regularly provide 
recommendations on hostage recovery options and strategies to the 
National Security Council.

SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines, based on credible evidence--
            (1) is responsible for or is complicit in, or responsible 
        for ordering, controlling, or otherwise directing, the hostage-
        taking of a United States national abroad or the unlawful or 
        wrongful detention of a United States national abroad; or
            (2) knowingly provides financial, material, or 
        technological support for, or goods or services in support of, 
        an activity described in paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) may be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subsection (a) may be subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) may--
                                    (I) take effect immediately; and
                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                alien's possession.
            (2) Blocking of property.--
                    (A) In general.--The President may exercise all of 
                the powers granted to the President under the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.), to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of a foreign person described in subsection 
                (a) if such property and interests in property are in 
                the United States, come within the United States, or 
                are or come within the possession or control of a 
                United States person.
                    (B) Inapplicability of national emergency 
                requirement.--The requirements of section 202 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701) shall not apply for purposes of this section.
    (c) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under subsection 
        (b)(1) shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
    (d) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of subsection (b)(2) or any 
regulation, license, or order issued to carry out that subsection shall 
be subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (e) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines that--
            (1) information exists that the person did not engage in 
        the activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the 
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in subsection 
        (a) in the future; or
            (4) the termination of the sanctions is in the national 
        security interests of the United States.
    (f) Reporting Requirement.--If the President terminates sanctions 
pursuant to subsection (d), the President shall report to the 
appropriate congressional committees a written justification for such 
termination within 15 days.
    (g) Implementation of Regulatory Authority.--The President may 
exercise all authorities provided under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
to carry out this section.
    (h) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this Act shall not include the 
        authority or a requirement to impose sanctions on the 
        importation of goods.
            (2) Good defined.--In this paragraph, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (i) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' means--
                    (A) any citizen or national of a foreign country 
                (including any such individual who is also a citizen or 
                national of the United States); or
                    (B) any entity not organized solely under the laws 
                of the United States or existing solely in the United 
                States.
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Appropriations, the Committee on Banking, 
                Housing, and Urban Affairs, the Committee on the 
                Judiciary, the Committee on Armed Services, and the 
                Select Committee on Intelligence of the United States 
                Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Appropriations, the Committee on Financial Services, 
                the Committee on the Judiciary, the Committee on Armed 
                Services, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) United states national.--The term ``United States 
        national'' means--
                    (A) a United States national as defined in section 
                101(a)(22) or section 308 of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); 
                and
                    (B) a lawful permanent resident alien with 
                significant ties to the United States.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to authorize a private right 
of action.
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