[Congressional Record Volume 170, Number 66 (Tuesday, April 16, 2024)]
[House]
[Pages H2423-H2426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NO PAYDAYS FOR HOSTAGE-TAKERS ACT
Mr. WILSON of South Carolina. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 5826) to require a report on sanctions
under the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5826
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 ``No Paydays for Hostage-
Takers Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Islamic Republic of Iran has a long history of
hostage-taking and wrongful detention of United States
nationals, including its illegal detention of 52 American
diplomats from 1979 to 1981.
(2) The Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741 et seq.), named in honor
of Robert Levinson, the longest-held hostage in United States
history who is presumed to have been killed by the regime
while in Iranian custody, authorizes sanctions with respect
to foreign persons who are responsible for or complicit in
hostage-taking or unlawful or wrongful detention of United
States nationals abroad.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to undertake
additional actions and impose strict penalties to deter the
Government of Iran and other hostile governments and non-
state actors from hostage-taking or wrongfully detaining
United States nationals.
SEC. 4. REPORT AND CERTIFICATION ON RESTRICTED IRANIAN FUNDS
RELEASED TO QATAR.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter for
6 years, the President shall submit to the Committee on
Foreign Affairs and the Committee on Financial Services of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate the following:
(1) A report on the $6,000,000,000 in funds transferred
from restricted Iranian accounts in the Republic of South
Korea to restricted accounts in Qatar on or after August 9,
2023.
(2) A certification as to whether credible evidence or
intelligence exists that any of the funds transferred have
been used for any purpose other than humanitarian purposes.
(3) A certification as to whether credible evidence or
intelligence exists that the funds transferred have enabled
the Government of Iran to increase spending on defense,
intelligence, or malign foreign activities.
(b) Matters to Be Included.--The report required by
subsection (a)(1) shall include the following:
(1) An itemized list of all transactions involving the use
of funds transferred, including the value of such
transactions, the parties to such transactions, the financial
institutions involved, the goods purchased in each
transaction, the destinations and end user of such goods, the
date on which the United States was notified of such
transaction, and the date the transaction occurred.
(2) The quantity of funds described in subsection (a)(1) in
restricted accounts in Qatar at the beginning and end of each
reporting period.
[[Page H2424]]
(3) A thorough description of the process the United States
Government utilized during the reporting period to review
transactions involving the use of funds transferred in order
to verify that such transactions were humanitarian in nature.
SEC. 5. REVIEW AND DETERMINATION AND REPORTS ON SANCTIONS
UNDER THE ROBERT LEVINSON HOSTAGE RECOVERY AND
HOSTAGE-TAKING ACCOUNTABILITY ACT.
(a) Review and Determination.--Not later than 180 days
after the date of the enactment of this Act, and on an annual
basis thereafter for 6 years, the President shall--
(1) review all cases of the hostage-taking of a United
States national in Iran or at the direction of the Government
of Iran and all cases of the unlawful or wrongful detention
of a United States national in Iran or at the direction of
the Government of Iran that have occurred during the
preceding 10-year period; and
(2) make a determination as to whether any foreign person,
based on credible evidence--
(A) is responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, the hostage-
taking of the United States national or the unlawful or
wrongful detention of the United States national; or
(B) knowingly provides financial, material, or
technological support for, or goods or services in support
of, an activity described in subparagraph (A).
(b) Reports.--Not later than 180 days after the date of the
enactment of this Act, and on an annual basis thereafter for
6 years, the President shall submit to the appropriate
congressional committees a report that--
(1) identifies all foreign persons with respect to which
the President has made a determination under subsection
(a)(2); and
(2) with respect to each such foreign person--
(A) states whether sanctions have been imposed under
section 306 of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741d) or will
be imposed within 30 days of the date of the submission of
the report; and
(B) for whom sanctions have not been imposed or will not be
imposed under section 306 of such Act, provides a description
of the specific authority under which otherwise applicable
sanctions are being waived, have otherwise been determined
not to apply, or are not being imposed and a complete
justification of the decision to waive or otherwise not apply
the sanctions authorized by such sanctions programs and
authorities.
SEC. 6. REQUIREMENT TO LIMIT TRAVEL OF IRANIAN DIPLOMATS AT
THE UNITED NATIONS.
(a) Findings.--Congress finds the following:
(1) United States visa restrictions on sanctioned
individuals often contain exceptions for activities in order
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.
(2) Section 6 of Public Law 80-357 (commonly known as the
``United Nations Headquarters Agreement Act'') provides
``Nothing in the agreement shall be construed as in any way
diminishing, abridging, or weakening the right of the United
States to safeguard its own security.''.
(3) Congress has directed the President to use the
President's authority, including the authorities contained in
section 6 of Public Law 80-357, to deny any individual's
admission to the United States as a representative to the
United Nations if the President determines that such
individual has been found to have been engaged in espionage
activities or a terrorist activity directed against the
United States or its allies and may pose a threat to United
States national security interests.
(b) Sense of Congress.--It is the sense of Congress that
Iran's longstanding hostage-taking and wrongful detention of
United States nationals, assassination plots against United
States nationals outside and within the United States, and
intelligence activities are a security or terrorist threat to
the United States and United States interests and shall be a
primary consideration in limiting travel of Iranian diplomats
seeking admission to the United States for United Nations
activities and their family members.
(c) Denial of Visas.--Section 407(a)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (8
U.S.C. 1102 note) is amended--
(1) by striking ``(1)'' and inserting ``(1)(A)'';
(2) by striking ``and'' at the end and inserting ``or'';
and
(3) by adding further at the end the following:
``(B) has been sanctioned pursuant to Executive Order 13224
(66 Fed. Reg. 49079; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism) or Executive Order 13382 (70
Fed. Reg. 38567; relating to blocking property of weapons of
mass destruction proliferators and their supporters) as of
the date of the enactment of the No Paydays for Hostage-
Takers Act; and''.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years,
the President shall submit to the appropriate congressional
committees a report on whether the President has taken action
to restrict the travel of Iranian diplomats seeking admission
to the United States for United Nations activities and their
family members and identifying each such instance in which
visas were denied or travel was restricted.
SEC. 7. REPORT ON BLOCKED IRANIAN ASSETS.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 3 years, the President
shall submit to the appropriate congressional committees a
report that includes the following:
(1) An itemized list of any identifiable assets with a
valuation of more than $100,000 belonging to Iranian
individuals and entities that are or have been blocked or
otherwise frozen pursuant to any sanctions program under any
jurisdiction globally, in the prior 2 years.
(2) Any changes to the status of such assets, including
unblocking, unfreezing, or transferring such assets, in the
prior 2 years.
(3) With respect to any changes identified in paragraph
(2), whether the United States Government took any action,
including waiving of sanctions, that related to such
unblocking or unfreezing, and a justification for any such
United States actions.
SEC. 8. REPORT ON INTERNATIONAL EFFORTS TO FREEZE AND SEIZE
IRANIAN ASSETS.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State, the Secretary of the Treasury, and
the Attorney General should, to the extent practicable--
(1) carry out a coordinated international effort to find,
restrain, freeze, and where appropriate and legally
authorized, seize, confiscate or forfeit the assets of those
individuals and entities that have been sanctioned in
connection with Iran's malign activities, including hostage-
taking, wrongful detention, and human rights violations; and
(2) work with foreign governments--
(A) to share intelligence of financial investigations, as
appropriate;
(B) to oversee the assets identified pursuant to paragraph
(1); and
(C) to provide technical assistance to help governments
establish the necessary legal framework to carry out asset
forfeitures.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years,
the President shall submit to the appropriate congressional
committees a report on actions described in subsection (a).
SEC. 9. DETERMINATION AND REPORT ON INVALIDATING UNITED
STATES PASSPORTS FOR TRAVEL TO IRAN.
(a) Findings.--Congress finds the following:
(1) The Secretary of State maintains authority to restrict
the use of United States passports for travel to or use in a
country or area which the Secretary has determined is a
country or area in which there is imminent danger to the
public health or physical safety of United States travelers,
in accordance with section 51.63 of title 22, Code of Federal
Regulations.
(2) In 2017, the Secretary of State declared United States
passports invalid for travel to, in, or through North Korea,
unless specially validated for such travel, after United
States citizen Otto Warmbier suffered grievous injuries in
North Korean custody, which led to his death.
(3) The ban on use of United States passports for travel to
North Korea was renewed in 2023.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of State should declare United States passports
invalid for travel to, in, or through Iran due to the
imminent danger to the public health and physical safety of
United States travelers stemming from the threat of wrongful
detention or being taken hostage by the Iranian regime.
(c) Determination and Report.--Not later than 90 days after
the date of enactment of this Act and annually thereafter for
3 years, the Secretary of State shall determine and report to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate--
(1) whether the travel of United States persons to Iran
presents an imminent danger to the public health or physical
safety of United States travelers; and
(2) whether the Secretary is exercising his authority to
declare United States passports invalid for travel to, in, or
through Iran.
SEC. 10. STRATEGY TO DETER HOSTAGE-TAKING.
Not later than 180 days after the date of the enactment of
this Act, the President shall develop and submit to Congress
a strategy to deter and prevent wrongful detention and
hostage-taking by United States adversaries, including
identifying penalties for wrongful detention and hostage-
taking, identifying clear United States Government policies
barring the payment of ransom or transactions that could be
viewed as ransom by the United States Government, and
detailing plans to coordinate with United States allies and
partners on such strategy.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate.
(2) Foreign person.--The term ``foreign person''--
[[Page H2425]]
(A) means an individual or entity that is not a United
States person; and
(B) includes a foreign state (as such term is defined in
section 1603 of title 28, United States Code).
(3) United states national.--The term ``United States
national'' has the meaning given that term in section 307(2)
of the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741e(2)).
The SPEAKER pro tempore (Mr. Fulcher). Pursuant to the rule, the
gentleman from South Carolina (Mr. Wilson) and the gentleman from New
York (Mr. Meeks) each will control 20 minutes.
The Chair recognizes the gentleman from South Carolina.
General Leave
Mr. WILSON of South Carolina. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
There was no objection.
Mr. WILSON of South Carolina. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I rise in support of the No Paydays for Hostage-Takers
Act.
For 45 years, the outrageous regime in Tehran has kidnapped American
hostages. It is a cruel, yet consistent, part of this bloodthirsty
regime's character. Iran utilizes hostage-taking as a negotiating
tactic and a funding mechanism. In doing so, Iran repeatedly victimizes
innocent Americans and their families who endure years of false
accusations, wretched conditions, and separation. No one deserves this
treatment. Iranian Americans are very successful and appreciated in
America, and all Americans equally appreciate the oppressed people of
Iran.
Unfortunately, both the Obama and Biden administrations have made the
catastrophic mistake of cutting financial deals with Iran in order to
free hostages. Make no mistake, Mr. Speaker, Iran sees dollar signs
whenever it sees American passports. It knows it can take innocent
Americans, hold them in prison for years, and see a windfall at the
end. This is the same tactic of war criminal Putin, kidnapping Wall
Street Journal reporter Evan Gershkovich.
In 2016, the Obama administration ignorantly capitulated a $1.7
billion ransom to Iran, including a $400 million payment in pallets of
cash at the same time that Iran released four U.S. hostages.
At the time, many warned that if the United States Government would
pay for hostages, then Iran would keep taking them and demand a higher
and higher price.
Sure enough, in the next 7 years, Iran continued to hold and collect
more American hostages. These people suffered away from their families
and were deprived of their liberty for years until last summer, the
Biden administration cut a deal to secure their freedom by granting
loan access to $6 billion in sanctioned funds used to murder Iranians
and to murder Americans, such as the three Army Reservists from Georgia
killed on January 28 of this year.
Some might claim that these funds are only for humanitarian goods.
First, this naively puts too much trust in a regime skilled at
sanctions evasion and other forms of illicit finance. Second, money is
fungible, and this deal freed up $6 billion in funds for the regime to
finance its military program, terrorist proxies, nuclear activities,
and repression.
Right now, Iran is incentivized to keep taking hostages. They keep
benefiting.
That is why today we are considering my bipartisan bill to ensure
that Iran never again profits from taking American hostages. This bill
imposes sanctions on Iranian officials identified as being responsible
for or complicit in taking American citizens hostage. It also greatly
limits the travel of Iranian diplomats at the U.N. They should not be
allowed to come here and gallivant around the New York metropolitan
area while innocent Americans languish in Iranian prisons.
It also requires a detailed report to give Congress full visibility
on how Iran is using the $6 billion so that the American people's
elected Representatives can conduct thorough oversight of these funds.
Mr. Speaker, I urge my colleagues to join me in voting for this
important bill to protect Americans from Iran's brutal hostage-taking,
and I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 20, 2024.
Hon. Michael McCaul,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman McCaul: I write regarding H.R. 5826, the No
Paydays for Hostage-Takers Act. Provisions of this bill fall
within the Judiciary Committee's Rule X jurisdiction, and I
appreciate that you consulted with us on those provisions.
The Judiciary Committee agrees that it shall be discharged
from further consideration of the bill so that it may proceed
expeditiously to the House floor.
The Committee takes this action with the understanding that
forgoing further consideration of this measure does not in
any way alter the Committee's jurisdiction or waive any
future jurisdictional claim over these provisions or their
subject matter. We also reserve the right to seek appointment
of an appropriate number of conferees in the event of a
conference with the Senate involving this measure or similar
legislation.
I ask that you please include this letter in your
committee's report to accompany this legislation or insert
this letter in the Congressional Record during consideration
of H.R. 5826 on the House floor. I appreciate the cooperative
manner in which our committees have worked on this matter,
and I look forward to working collaboratively in the future
on matters of shared jurisdiction. Thank you for your
attention to this matter.
Sincerely,
Jim Jordan,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, April 3, 2024.
Hon. Jim Jordan,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Jordan: Thank you for consulting with the
Foreign Affairs Committee and agreeing to be discharged from
further consideration of H.R. 5826, the No Paydays for
Hostage-Takers Act, so that the measure may proceed
expeditiously to the House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee, or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will seek to place our letters on this bill into the
Congressional Record during floor consideration. I appreciate
your cooperation regarding this legislation and look forward
to continuing to work together as this measure moves through
the legislative process.
Sincerely,
Michael T. McCaul,
Chairman.
Mr. MEEKS. Mr. Speaker, I rise in support of H.R. 5826, and I yield
myself such time as I may consume.
I appreciate the intent of this measure brought to the floor by my
friend and colleague from South Carolina, Representative Wilson, which
is to help better prevent hostile governments such as Iran from taking
Americans hostage or wrongfully detaining them overseas.
I believe Democrats and Republicans must work together and ensure the
State Department has all the resources and authorities from Congress
that it needs to bring Americans home who have been unjustly held
abroad and to offer them the support they need when they return home.
I understand and agree with my colleague's intent to disincentivize
bad behavior by hostile actors, and to make clear to anyone who would
wrongfully detain any of our citizens that it will not be tolerated.
However, I am concerned that some of the messages sent in this bill
risk undermining our key partners in the battle to protect American
citizens. I want to make sure the State Department's Special
Presidential Envoy for Hostage Affairs is given the latitude to
negotiate and get the job done.
I would like to offer my appreciation to the SPEHA team for the hard
and difficult work it continues to undertake on behalf of the American
people. We need to empower that office and the families of wrongful
detainees that rely on its vital assistance and advocacy, not
inadvertently burden it with extensive reporting or overly restrictive
policy prescriptions.
I also want to be certain we do not restrict the freedom of movement
of
[[Page H2426]]
Americans, something that is fundamental to our liberty and,
specifically, the impact such a move would have on hundreds of
thousands of Iranian Americans who expect our government, unlike the
regime in Tehran, to respect their fundamental rights.
That is why I am glad the language on the issue has been made
nonbinding, and I really appreciate Representative Wilson working with
us on this bill and the effort to make sure that the United States
Government's approach on hostages and wrongful detention is smart and
effective. We have worked together to achieve this.
Mr. Speaker, in closing, I encourage my colleagues to join in
supporting this measure. Again, we must do everything we can to prevent
Americans from being illegally detained abroad.
Mr. Speaker, again, I thank Mr. Wilson from South Carolina for
introducing this bill. I urge my colleagues to join me in supporting
H.R. 5826, and I yield back the balance of my time.
Mr. WILSON of South Carolina. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, in closing, I am grateful for the leadership of
Michael McCaul, the chairman of the House Foreign Affairs Committee,
and the ranking member, Greg Meeks. Those of us in South Carolina are
always happy to point out his South Carolina heritage as he now ably
represents Queens, but we remember his heritage of Rock Hill, and we
appreciate his success.
This legislation is so important to strike back against Iran's
decades-long strategy of taking innocent Americans hostage to the House
floor today.
Mr. Speaker, I urge my colleagues to support the bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from South Carolina (Mr. Wilson) that the House suspend the
rules and pass the bill, H.R. 5826, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WILSON of South Carolina. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________