[House Document 117-132]
[From the U.S. Government Publishing Office]



117th Congress, 2d Session - - - - - - - - - - - - House Document 117-132

 
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO HOSTAGE-TAKING AND 
           THE WRONGFUL DETENTION OF UNITED STATES NATIONALS

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

AN EXECUTIVE ORDER BOLSTERING EFFORTS TO BRING HOSTAGES AND WRONGFULLY 
 DETAINED UNITED STATES NATIONALS HOME, PURSUANT TO 50 U.S.C. 1703(b); 
PUBLIC LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C. 1621(a); 
            PUBLIC LAW 94-412, SEC. 201(a); (90 STAT. 1255)


		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    July 20, 2022.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
         
         
         		       __________
         		       
         		       
		   U.S. GOVERNMENT PUBLISHING OFFICE         		       

29-011			   WASHINGTON : 2022		           
         
         
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), I hereby report that I have issued an 
Executive Order declaring a national emergency with respect to 
hostage-taking and the wrongful detention of United States 
nationals.
    Hostage-taking and the wrongful detention of United States 
nationals are heinous acts that undermine the rule of law. 
Terrorist organizations, criminal groups, and other malicious 
actors who take hostages for financial, political, or other 
gain--as well as foreign states that engage in the practice of 
wrongful detention, including for political leverage or to seek 
concessions from the United States--threaten the integrity of 
the international political system and the safety of United 
States nationals and other persons abroad. I have determined 
that hostage-taking and the wrongful detention of United States 
nationals abroad constitute an unusual and extraordinary threat 
to the national security, foreign policy, and economy of the 
United States.
    I am enclosing a copy of the Executive Order I have issued.

                                               Joseph R. Biden, Jr.
    The White House, July 19, 2022.

                            Executive Order

                              ----------                              


  Bolstering Efforts to Bring Hostages and Wrongfully Detained United 
                         States Nationals Home

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Robert Levinson Hostage Recovery and Hostage 
taking Accountability Act (22 U.S.C. 1741 et seq.) (Levinson 
Act), the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration 
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 
of title 3, United States Code,
    I, JOSEPH R. BIDEN JR., President of the United States of 
America, find that hostage-taking and the wrongful detention of 
United States nationals are heinous acts that undermine the 
rule of law. Terrorist organizations, criminal groups, and 
other malicious actors who take hostages for financial, 
political, or other gain--as well as foreign states that engage 
in the practice of wrongful detention, including for political 
leverage or to seek concessions from the United States--
threaten States the integrity of the international political 
system and the safety of United States nationals and other 
persons abroad. I therefore determine that hostage-taking and 
the wrongful detention of United States nationals abroad 
constitute an unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States. I 
hereby declare a national emergency to deal with this threat.
    The United States Government must redouble its efforts at 
home and with partners abroad to deter these practices and to 
secure the release of those held as hostages or wrongfully 
detained. Processes established under Executive Order 13698 of 
June 24, 2015 (Hostage Recovery Activities) and Presidential 
Policy Directive 30 of June 24, 2015 (U.S. Nationals Taken 
Hostage Abroad and Personnel Recovery Efforts) (PPD-30) have 
facilitated close interagency coordination on efforts to secure 
the safe release of United States nationals taken hostage 
abroad, including engagement with the families of hostages and 
support of diplomatic engagement with partners abroad. This 
order reinforces the roles, responsibilities, and commitments 
contained in those directives and seeks to ensure that--as with 
hostage recovery activities--interagency coordination, family 
engagement, and diplomatic tools are enshrined in United States 
Government efforts to secure the safe release and return of 
United States nationals wrongfully detained by foreign state 
actors. This order also reinforces tools to deter and to impose 
tangible consequences on those responsible for, or complicit 
in, hostage-taking or the wrongful detention of a United States 
national abroad.
    Accordingly, I hereby order:
    Section 1. Executive Order 13698 and PPD-30 shall continue 
to apply to United States hostage recovery activities. Nothing 
in this order shall alter the responsibilities of the Hostage 
Recovery Fusion Cell (HRFC), the Hostage Response Group (HRG), 
or the Special Presidential Envoy for Hostage Affairs (SPEHA), 
established by Executive Order 13698, with respect to hostage 
recovery activities under Executive Order 13698 or PPD-30. Nor 
shall this order alter the scope of PPD-30, which applies to 
both suspected and confirmed hostage-takings in which a United 
States national is abducted or held outside of the United 
States, as well as to other hostage-takings occurring abroad in 
which the United States has a national interest, but does not 
apply if a foreign government confirms that it has detained a 
United States national.
    Sec. 2. (a) The HRG shall, in coordination with the 
National Security Council's regional directorates as 
appropriate, convene on a regular basis and as needed at the 
request of the National Security Council to work to secure the 
safe release of United States nationals held hostage or 
wrongfully detained abroad.
    (b) The HRG, in support of the Deputies Committee of the 
National Security Council and consistent with the process 
outlined in National Security Memorandum 2 of February 4, 2021 
(Renewing the National Security Council System), or any 
successor memorandum, shall:
          (i) identify and recommend options and strategies to 
        the President through the Assistant to the President 
        for National Security Affairs to secure the recovery of 
        hostages or the return of wrongfully detained United 
        States nationals;
          (ii) coordinate the development and implementation of 
        policies, strategies, and procedures for the recovery 
        of hostages or the return of wrongfully detained United 
        States nationals;
          (iii) coordinate and deconflict policy guidance, 
        strategies, and activities that potentially affect the 
        recovery or welfare of United States nationals held 
        hostage or the return or welfare of United States 
        nationals wrongfully detained abroad, including 
        reviewing proposed recovery or return options;
          (iv) receive regular updates from the HRFC, the 
        Office of the SPEHA, and other executive departments 
        and agencies (agencies), as the HRG deems appropriate, 
        on the status of United States nationals being held 
        hostage or wrongfully detained abroad and measures 
        being taken to effect safe releases;
          (v) receive regular updates from the Department of 
        State on all new wrongful detention determinations; and
          (vi) where higher-level guidance is required, make 
        recommendations to the Deputies Committee of the 
        National Security Council.
    Sec. 3. (a) The SPEHA shall report to the Secretary of 
State on a regular basis and as needed to advance efforts to 
secure the safe release of United States nationals wrongfully 
detained abroad.
    (b) The SPEHA shall, as appropriate and consistent with 
applicable law:
          (i) coordinate diplomatic engagements and strategy 
        regarding hostage and wrongful detention cases, in 
        coordination with the HRFC and relevant agencies, as 
        appropriate and consistent with policy guidance 
        communicated through the HRG;
          (ii) share information, including information 
        acquired during consular interactions and engagements, 
        regarding wrongful detention cases with relevant 
        agencies to facilitate close interagency coordination;
          (iii) draw on the experience and expertise of the 
        HRFC to support efforts to return wrongfully detained 
        United States nationals, including by providing support 
        and assistance to the families of those wrongfully 
        detained;
          (iv) develop and regularly update, in coordination 
        with relevant agencies, strategies for wrongful 
        detention cases for review by the HRG;
          (v) ensure, in coordination with the Office of the 
        Director of National Intelligence, that relevant 
        agencies have access to necessary information, 
        including intelligence information, on wrongful 
        detention cases to inform strategies and options; and
          (vi) share, in coordination with the Office of the 
        Director of National Intelligence, relevant 
        information, including intelligence information, on 
        developments in wrongful detention cases with the 
        families of wrongfully detained United States 
        nationals, in a timely manner, as appropriate and 
        consistent with the protection of sources and methods.
    (c) To ensure that the United States Government provides a 
coordinated, effective, and supportive response to wrongful 
detentions, the Secretary of State shall identify adequate 
resources to enable the SPEHA to:
          (i) ensure that all interactions by executive branch 
        officials with the family of a wrongfully detained 
        United States national occur in a coordinated fashion 
        and that the family receives consistent and accurate 
        information from the United States Government, as 
        appropriate and consistent with applicable law;
          (ii) provide support and assistance to wrongfully 
        detained United States nationals and their families 
        throughout their detention, including through 
        coordination with the HRFC, as appropriate and 
        consistent with applicable law; and
          (iii) provide support and assistance to United States 
        nationals upon their return to the United States from 
        wrongful detention, including through coordination with 
        the HRFC and the Department of Health and Human 
        Services, as appropriate and consistent with applicable 
        law.
    Sec. 4. The SPEHA, in coordination with the HRG, the HRFC, 
and relevant agencies, as appropriate, shall identify and 
recommend options and strategies to the President through the 
Assistant to the President for National Security Affairs to 
reduce the likelihood of United States nationals being held 
hostage or wrongfully detained abroad. The options shall seek 
to counter and deter hostage-takings and wrongful detentions by 
terrorist organizations, foreign governments, and other actors 
by imposing costs on those who participate in, support, or 
facilitate such conduct. The strategies shall seek to deter any 
effort to engage in hostage-taking or the wrongful detention of 
United States nationals abroad through cooperation with like-
minded foreign governments and organizations.
    Sec. 5. The Secretary of State shall publicly or privately 
designate or identify officials of foreign governments who are 
involved, directly or indirectly, in wrongful detentions, as 
appropriate and consistent with applicable law, including 
section 7031(c) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2022 (Division K of 
Public Law 117-103).
    Sec. 6. (a) All property and interests in property of the 
following persons that are in the United States, that hereafter 
come within the United States, or that are or hereafter come 
within the possession or control of any United States person, 
are blocked and may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in:
          (i) any foreign person determined by the Secretary of 
        State, in consultation with the Secretary of the 
        Treasury and the Attorney General:
                  (A) to be responsible for or complicit in, to 
                have directly or indirectly engaged in, or to 
                be responsible for ordering, controlling, or 
                otherwise directing, the hostage-taking of a 
                United States national or the wrongful 
                detention of a United States national abroad;
                  (B) to have attempted to engage in any 
                activity described in subsection (a)(i)(A) of 
                this section; or
                  (C) to be or have been a leader or official 
                of an entity that has engaged in, or whose 
                members have engaged in, any of the activities 
                described in subsections (a)(i)(A) or (a)(i)(B) 
                of this section relating to the leader's or 
                official's tenure;
          (ii) any foreign person determined by the Secretary 
        of the Treasury, in consultation with the Secretary of 
        State and the Attorney General:
                  (A) to have materially assisted, sponsored, 
                or provided financial, material, or 
                technological support for, or goods or services 
                to or in support of:
                          (1) any activity described in 
                        subsection (a)(i)(A) of this section; 
                        or
                          (2) any person whose property and 
                        interests in property are blocked 
                        pursuant to this order;
                  (B) to be owned, controlled, or directed by, 
                or to have acted or purported to act for or on 
                behalf of, directly or indirectly, any person 
                whose property and interests in property are 
                blocked pursuant to this order; or
                  (C) to have attempted to engage in any 
                activity described in subsection (a)(ii)(A) of 
                this section.
    (b) The prohibitions in subsection (a) of this section 
apply except to the extent provided by statutes, or in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the date 
of this order.
    Sec. 7. (a) The unrestricted immigrant and nonimmigrant 
entry into the United States of noncitizens determined to meet 
one or more of the criteria set forth in section 6(a) of this 
order would be detrimental to the interests of the United 
States, and the entry of such persons into the United States, 
as immigrants or nonimmigrants, is hereby suspended, except 
when the Secretary of State or the Secretary of Homeland 
Security, as appropriate, determines that the person's entry 
would not be contrary to the interests of the United States, 
including when the Secretary of State or the Secretary of 
Homeland Security, as appropriate, so determines, based on a 
recommendation of the Attorney General, that the person's entry 
would further important United States law enforcement 
objectives.
    (b) The Secretary of State shall implement this authority 
as it applies to visas pursuant to such procedures as the 
Secretary of State, in-consultation with the Secretary of 
Homeland Security, may establish.
    (c) The Secretary of Homeland Security shall implement this 
order as it applies to the entry of noncitizens pursuant to 
such procedures as the Secretary of Homeland Security, in 
consultation with the Secretary of State, may establish.
    (d) Such persons shall be treated by this section in the 
same manner as persons covered by section 1 of Proclamation 
8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to 
United Nations Security Council Travel Bans and International 
Emergency Economic Powers Act Sanctions).
    Sec. 8. I hereby determine that the making of donations of 
the types of articles specified in section 203(b)(2) of IEEPA 
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to this order would seriously impair my ability to deal with 
the national emergency declared in this order, and I hereby 
prohibit such donations as provided by section 6 of this order.
    Sec. 9. (a) Any transaction that evades or avoids, has the 
purpose of evading or avoiding, causes a violation of, or 
attempts to violate any of the prohibitions set forth in this 
order is prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 10. For those persons whose property and interests in 
property are blocked pursuant to this order who might have a 
constitutional presence in the United States, I find that 
because of the ability to transfer funds or other assets 
instantaneously, prior notice to such persons of measures to be 
taken pursuant to this order would render those measures 
ineffectual. I therefore determine that for these measures to 
be effective in addressing the national emergency declared in 
this order, there need be no prior notice of a listing or 
determination made pursuant to section 6 of this order.
    Sec. 11. The Secretary of the Treasury, in consultation 
with the Secretary of State, is authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to the President by IEEPA as 
may be necessary to carry out the purposes of this order. The 
Secretary of the Treasury may, consistent with applicable law, 
redelegate any of these functions within the Department of the 
Treasury. All agencies of the United States Government shall 
take all appropriate measures within their authority to carry 
out the provisions of this order.
    Sec. 12. Nothing in this order shall prohibit transactions 
for the conduct of the official business of the United States 
Government by employees, grantees, or contractors thereof.
    Sec. 13. The Secretary of the Treasury, in consultation 
with the Secretary of State, is hereby authorized to submit 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of the NEA (50 U.S.C. 1642(c)) and section 204(c) of 
IEEPA (50 U.S.C. 1703(c)).
    Sec. 14. For purposes of this order:
    (a) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (b) the term ``foreign person'' means any citizen or 
national of a foreign state (including any such individual who 
is also a citizen or national of the United States, provided 
such individual does not reside in the United States) or any 
entity not organized solely under the laws of the United States 
or existing solely in the United States;
    (c) the term ``hostage-taking'' has the same meaning as 
provided in PPO-30, which is the unlawful abduction or holding 
of a person or persons against their will in order to compel a 
third person or governmental organization to do or to abstain 
from doing any act as a condition for the release of the person 
detained;
    (d) the term ``noncitizen'' means any person who is not a 
citizen or noncitizen national of the United States;
    (e) the term ``person'' means an individual or entity;
    (f) the term ``United States national'' means:
          (i) a ``national of the United States'' as defined in 
        8 U.S.C. 1101(a)(22) or 8 U.S.C. 1408; or
          (ii) a lawful permanent resident with significant 
        ties to the United States;
    (g) the term ``United States person'' means any United 
States citizen, lawful permanent resident, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States; and
    (h) the term ``wrongful detention'' means a detention that 
the Secretary of State has determined to be wrongful consistent 
with section 302(a) of the Levinson Act.
    Sec. 15. (a) Nothing in this order shall be construed to 
impair or otherwise affect:
          (i) the authority granted by law to an executive 
        department or agency, or the head thereof; or
          (ii) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, 
        administrative, or legislative proposals.
    (b) This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (c) This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law 
or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.

                                               Joseph R. Biden, Jr.
    The White House, July 19, 2022.

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