[Congressional Record Volume 166, Number 110 (Monday, June 15, 2020)]
[Senate]
[Pages S2977-S2979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROVIDING ASSISTANCE FOR UNITED STATES CITIZENS AND NATIONALS TAKEN 
          HOSTAGE OR UNLAWFULLY OR WRONGFULLY DETAINED ABROAD

  Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 462, S. 712.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 712) to provide assistance for United States 
     citizens and nationals taken hostage or unlawfully or 
     wrongfully detained abroad, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment and an amendment to the title.
  (Strike all after the enacting clause and insert the part printed in 
italic.

     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

[[Page S2978]]

     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, appointed by the President, 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 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;

[[Page S2979]]

       (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.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under subsection (b)(2) shall not 
     include the authority or a requirement to impose sanctions on 
     the importation of goods.
       (B) 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.
       (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) 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 shall be construed to authorize a 
     private right of action.

  Mr. GARDNER. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to; that the bill, as 
amended, be considered read a third time and passed; that the 
committee-reported title amendment be agreed to; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 712), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The committee-reported title amendment was agreed to, as follows:

         Amend the title so as to read: ``A bill to provide 
     assistance for United States nationals taken hostage or 
     unlawfully or wrongfully detained abroad, and for other 
     purposes.''.

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