[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
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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;
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(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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