[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 712 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 712

 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

                             March 7, 2019

    Mr. Menendez (for himself, Mr. Rubio, Mr. Leahy, and Mr. Coons) 
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 CITIZENS AND NATIONALS UNLAWFULLY 
              OR WRONGFULLY DETAINED ABROAD.

    (a) Review.--The Secretary of State shall review the cases of 
citizens and nationals of the United States detained abroad to 
determine if there is credible information that they are being detained 
unlawfully or wrongfully, based on criteria including whether--
            (1) the detained individual has presented credible 
        information of factual innocence to United States officials;
            (2) information exists that the individual is detained 
        solely or substantially because he or she is a citizen or 
        national of the United States;
            (3) information exists that the individual is being 
        detained in violation of internationally protected rights and 
        freedoms, such as freedom of expression, association, assembly, 
        and religion;
            (4) the individual is being detained in violation of the 
        laws of the detaining country;
            (5) independent nongovernmental organizations or 
        journalists have raised legitimate questions about the 
        innocence of the detained individual;
            (6) the United States embassy in the country where the 
        individual is detained has received credible reports that the 
        detention is a pretext;
            (7) police reports show evidence of the lack of a credible 
        investigation;
            (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 detained in inhumane conditions; and
            (10) the international right to due process of law has been 
        sufficiently impaired so as to render the detention arbitrary.
    (b) Referrals to the Special Envoy.--Upon a determination by the 
Secretary of State 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 
non-governmental 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) Biannual report.--With respect to United States 
        nationals for whom the Secretary determines there is credible 
        information of unlawful or wrongful detention abroad, the 
        Secretary shall submit a biannual report to the appropriate 
        congressional committees.
            (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 Manual.--
            (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 citizens 
        and national detained abroad, the Secretary of State shall 
        publish a resource manual for government officials and families 
        of unjustly or wrongfully detained individuals.
            (2) Content.--The resource manual required under paragraph 
        (1) shall include suggested actions designed to obtain the 
        release of unjustly or wrongfully detained individuals, 
        including--
                    (A) acting through traditional diplomatic and 
                consular channels to ensure prompt and regular access 
                for the detained individual to legal counsel, family 
                members, humane treatment, and other services;
                    (B) sanctions tools including withholding 
                assistance to the foreign government, in cases where 
                relevant, and denying or revoking visas and freezing 
                assets of individuals perpetrating the unjust or 
                wrongful detention;
                    (C) submitting public or private letters from 
                members of Congress or other individuals who may be 
                influential in securing the release of an individual; 
                and
                    (D) consulting with relevant legal and human rights 
                organizations.

SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

    (a) Establishment.--There shall be a Special Presidential Envoy for 
Hostage Affairs, appointed by the President, by and with the advice and 
consent of the Senate, who 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 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) coordinate with the Hostage Recovery Fusion Cell 
        proposals for diplomatic engagements and strategy in support of 
        hostage recovery efforts;
            (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) in coordination with the Hostage Recovery Fusion Cell 
        as appropriate, coordinate diplomatic engagements regarding 
        cases in which a foreign government confirms that it has 
        detained a United States national but the United States 
        Government regards such detention as unlawful or wrongful.

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 have--
            (1) a Director, who shall be a full-time senior officer or 
        employee of the United States Government;
            (2) a Family Engagement Coordinator; 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; and
            (3) 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;
                    (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 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.

SEC. 5. HOSTAGE RESPONSE GROUP.

    (a) Establishment.--The President shall establish a Hostage 
Response Group, to be convened on a regular basis, as well as upon the 
request of the National Security Council, to further the safe recovery 
of United States nationals held 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, 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 on the status of United States nationals being held 
        hostage abroad and measures being taken to effect the hostages' 
        safe recovery;
            (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; and
            (5) where higher-level guidance is required, make 
        recommendations to the National Security Council.
    (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 complicit in, or responsible for 
        ordering, controlling, or otherwise directing, the unlawful or 
        wrongful detention abroad of a United States national;
            (2) acts as an agent of or on behalf of a foreign person in 
        a matter relating to an activity described in paragraph (1); or
            (3) materially assists, sponsors, or 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) Inadmissibility to united states.--
                    (A) In general.--In the case of a foreign person 
                who is an individual--
                            (i) ineligibility to receive a visa to 
                        enter the United States or to be admitted to 
                        the United States; or
                            (ii) if the individual has been issued a 
                        visa or other documentation, revocation, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), of the visa or other documentation.
                    (B) Exception to comply with united nations 
                headquarters agreement and law enforcement 
                objectives.--Sanctions under subparagraph (A) shall not 
                apply to an individual if admitting the individual into 
                the United States would further important law 
                enforcement objectives or is necessary 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 
                of the United States.
            (2) Blocking of property.--
                    (A) In general.--The blocking, in accordance with 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.), of all transactions in all 
                property and interests in property of a foreign person 
                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) Exception relating to importation of goods.--
                            (i) In general.--The authority to block and 
                        prohibit all transactions in all property and 
                        interests in property under subparagraph (A) 
                        shall not include the authority to impose 
                        sanctions on the importation of goods.
                            (ii) Good.--In this subparagraph, the term 
                        ``good'' means any article, natural or man-made 
                        substance, material, supply or manufactured 
                        product, including inspection and test 
                        equipment, and excluding technical data.
    (c) Enforcement of Blocking of Property.--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.
    (d) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines and reports to the appropriate congressional 
committees not later than 15 days before the termination of the 
sanctions that--
            (1) credible 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.
    (e) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.
    (f) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' has the 
        meaning given that term in section 595.304 of title 31, Code of 
        Federal Regulations (as in effect on the day before the date of 
        the enactment of this Act).
            (2) United states person.--The term ``United States 
        person'' has the meaning given that term in section 595.315 of 
        title 31, Code of Federal Regulations (as in effect on the day 
        before the date of the enactment of this Act).

SEC. 7. DEFINITIONS.

    (a) Definitions.--
            (1) Appropriate congressional committees.--In this Act, 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.
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