II 

116TH CONGRESS 

2D SESSION S. 5074 

To provide assistance for United States citizens and nationals taken hostage 

or unlawfully or wrongfully detained abroad, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2020 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To provide assistance for United States citizens and nationals taken hostage or unlawfully or wrongfully detained 

abroad, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Robert Levinson Hos5 tage Recovery and Hostage-Taking Accountability Act’’. 

6 SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UN7 LAWFULLY OR WRONGFULLY DETAINED 

8 ABROAD. 

9 (a) REVIEW.—The Secretary of State shall review the 

10 cases of United States nationals detained abroad to deterVerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074

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1 mine if there is credible information that they are being 

2 detained unlawfully or wrongfully, based on criteria which 

3 may include whether— 

4 (1) United States officials receive or possess 

5 credible information indicating innocence of the de6 tained individual; 

7 (2) the individual is being detained solely or 

8 substantially because he or she is a United States 

9 national; 

10 (3) the individual is being detained solely or 

11 substantially to influence United States Government 

12 policy or to secure economic or political concessions 

13 from the United States Government; 

14 (4) the detention appears to be because the in15 dividual sought to obtain, exercise, defend, or pro16 mote freedom of the press, freedom of religion, or 

17 the right to peacefully assemble; 

18 (5) the individual is being detained in violation 

19 of the laws of the detaining country; 

20 (6) independent nongovernmental organizations 

21 or journalists have raised legitimate questions about 

22 the innocence of the detained individual; 

23 (7) the United States mission in the country 

24 where the individual is being detained has received 


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1 credible reports that the detention is a pretext for an 

2 illegitimate purpose; 

3 (8) the individual is detained in a country 

4 where the Department of State has determined in its 

5 annual human rights reports that the judicial system 

6 is not independent or impartial, is susceptible to cor7 ruption, or is incapable of rendering just verdicts; 

8 (9) the individual is being detained in inhumane 

9 conditions; 

10 (10) due process of law has been sufficiently 

11 impaired so as to render the detention arbitrary; and 

12 (11) United States diplomatic engagement is 

13 likely necessary to secure the release of the detained 

14 individual. 

15 (b) REFERRALS TO THE SPECIAL ENVOY.—Upon a 

16 determination by the Secretary of State, based on the to17 tality of the circumstances, that there is credible informa18 tion that the detention of a United States national abroad 

19 is unlawful or wrongful, and regardless of whether the de20 tention is by a foreign government or a nongovernmental 

21 actor, the Secretary shall transfer responsibility for such 

22 case from the Bureau of Consular Affairs of the Depart23 ment of State to the Special Envoy for Hostage Affairs 

24 created pursuant to section 3. 

25 (c) REPORT.— 


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1 (1) ANNUAL REPORT.— 

2 (A) IN GENERAL.—The Secretary of State 

3 shall submit to the appropriate congressional 

4 committees an annual report with respect to 

5 United States nationals for whom the Secretary 

6 determines there is credible information of un7 lawful or wrongful detention abroad. 

8 (B) FORM.—The report required under 

9 this paragraph shall be submitted in unclassi10 fied form, but may include a classified annex if 

11 necessary. 

12 (2) COMPOSITION.—The report required under 

13 paragraph (1) shall include current estimates of the 

14 number of individuals so detained, as well as rel15 evant information about particular cases, such as— 

16 (A) the name of the individual, unless the 

17 provision of such information is inconsistent 

18 with section 552a of title 5, United States Code 

19 (commonly known as the ‘‘Privacy Act of 

20 1974’’); 

21 (B) basic facts about the case; 

22 (C) a summary of the information that 

23 such individual may be detained unlawfully or 

24 wrongfully; 


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1 (D) a description of specific efforts, legal 

2 and diplomatic, taken on behalf of the indi3 vidual since the last reporting period, including 

4 a description of accomplishments and setbacks; 

5 and 

6 (E) a description of intended next steps. 

7 (d) RESOURCE GUIDANCE.— 

8 (1) ESTABLISHMENT.—Not later than 180 days 

9 after the date of the enactment of this Act and after 

10 consulting with relevant organizations that advocate 

11 on behalf of United States nationals detained abroad 

12 and the Family Engagement Coordinator established 

13 pursuant to section 4(c)(2), the Secretary of State 

14 shall provide resource guidance in writing for gov15 ernment officials and families of unjustly or wrong16 fully detained individuals. 

17 (2) CONTENT.—The resource guidance required 

18 under paragraph (1) should include— 

19 (A) information to help families under20 stand United States policy concerning the re21 lease of United States nationals unlawfully or 

22 wrongfully held abroad; 

23 (B) contact information for officials in the 

24 Department of State or other government agen25 cies suited to answer family questions; 


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1 (C) relevant information about options 

2 available to help families obtain the release of 

3 unjustly or wrongfully detained individuals, 

4 such as guidance on how families may engage 

5 with United States diplomatic and consular 

6 channels to ensure prompt and regular access 

7 for the detained individual to legal counsel, 

8 family members, humane treatment, and other 

9 services; 

10 (D) guidance on submitting public or pri11 vate letters from members of Congress or other 

12 individuals who may be influential in securing 

13 the release of an individual; and 

14 (E) appropriate points of contacts, such as 

15 legal resources and counseling services, who 

16 have a record of assisting victims’ families. 

17 SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. 

18 (a) ESTABLISHMENT.—There shall be a Special Pres19 idential Envoy for Hostage Affairs, who shall be appointed 

20 by the President, by and with the advice and consent of 

21 the Senate, and shall report to the Secretary of State. 

22 (b) RANK.—The Special Envoy shall have the rank 

23 and status of ambassador. 

24 (c) RESPONSIBILITIES.—The Special Presidential 

25 Envoy for Hostage Affairs shall— 


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1 (1) lead diplomatic engagement on United 

2 States hostage policy; 

3 (2) coordinate all diplomatic engagements and 

4 strategy in support of hostage recovery efforts, in 

5 coordination with the Hostage Recovery Fusion Cell 

6 and consistent with policy guidance communicated 

7 through the Hostage Response Group; 

8 (3) in coordination with the Hostage Recovery 

9 Fusion Cell as appropriate, coordinate diplomatic 

10 engagements regarding cases in which a foreign gov11 ernment has detained a United States national and 

12 the United States Government regards such deten13 tion as unlawful or wrongful; 

14 (4) provide senior representation from the Spe15 cial Envoy’s office to the Hostage Recovery Fusion 

16 Cell established under section 4 and the Hostage Re17 sponse Group established under section 5; and 

18 (5) ensure that families of United States na19 tionals unlawfully or wrongly detained abroad re20 ceive updated information about developments in 

21 cases and government policy. 

22 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 

23 (a) ESTABLISHMENT.—The President shall establish 

24 an interagency Hostage Recovery Fusion Cell. 


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1 (b) PARTICIPATION.—The President shall direct the 

2 heads of each of the following executive departments, 

3 agencies, and offices to make available personnel to par4 ticipate in the Hostage Recovery Fusion Cell: 

5 (1) The Department of State. 

6 (2) The Department of the Treasury. 

7 (3) The Department of Defense. 

8 (4) The Department of Justice. 

9 (5) The Office of the Director of National Intel10 ligence. 

11 (6) The Federal Bureau of Investigation. 

12 (7) The Central Intelligence Agency. 

13 (8) Other agencies as the President, from time 

14 to time, may designate. 

15 (c) PERSONNEL.—The Hostage Recovery Fusion Cell 

16 shall include— 

17 (1) a Director, who shall be a full-time senior 

18 officer or employee of the United States Govern19 ment; 

20 (2) a Family Engagement Coordinator who 

21 shall— 

22 (A) work to ensure that all interactions by 

23 executive branch officials with a hostage’s fam24 ily occur in a coordinated fashion and that the 


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1 family receives consistent and accurate informa2 tion from the United States Government; and 

3 (B) if directed, perform the same function 

4 as set out in subparagraph (A) with regard to 

5 the family of a United States national who is 

6 unlawfully or wrongfully detained abroad; and 

7 (3) other officers and employees as deemed ap8 propriate by the President. 

9 (d) DUTIES.—The Hostage Recovery Fusion Cell 

10 shall— 

11 (1) coordinate efforts by participating agencies 

12 to ensure that all relevant information, expertise, 

13 and resources are brought to bear to secure the safe 

14 recovery of United States nationals held hostage 

15 abroad; 

16 (2) if directed, coordinate the United States 

17 Government’s response to other hostage-takings oc18 curring abroad in which the United States has a na19 tional interest; 

20 (3) if directed, coordinate or assist the United 

21 States Government’s response to help secure the re22 lease of United States nationals unlawfully or 

23 wrongfully detained abroad; and 

24 (4) pursuant to policy guidance coordinated 

25 through the National Security Council— 


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1 (A) identify and recommend hostage recov2 ery options and strategies to the President 

3 through the National Security Council or the 

4 Deputies Committee of the National Security 

5 Council; 

6 (B) coordinate efforts by participating 

7 agencies to ensure that information regarding 

8 hostage events, including potential recovery op9 tions and engagements with families and exter10 nal actors (including foreign governments), is 

11 appropriately shared within the United States 

12 Government to facilitate a coordinated response 

13 to a hostage-taking; 

14 (C) assess and track all hostage-takings of 

15 United States nationals abroad and provide reg16 ular reports to the President and Congress on 

17 the status of such cases and any measures 

18 being taken toward the hostages’ safe recovery; 

19 (D) provide a forum for intelligence shar20 ing and, with the support of the Director of Na21 tional Intelligence, coordinate the declassifica22 tion of relevant information; 

23 (E) coordinate efforts by participating 

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1 ordinated and consistent manner and to provide 

2 families with timely information regarding sig3 nificant events in their cases; 

4 (F) make recommendations to agencies in 

5 order to reduce the likelihood of United States 

6 nationals’ being taken hostage abroad and en7 hance United States Government preparation to 

8 maximize the probability of a favorable outcome 

9 following a hostage-taking; and 

10 (G) coordinate with agencies regarding 

11 congressional, media, and other public inquiries 

12 pertaining to hostage events. 

13 (e) ADMINISTRATION.—The Hostage Recovery Fu14 sion Cell shall be located within the Federal Bureau of 

15 Investigation for administrative purposes. 

16 SEC. 5. HOSTAGE RESPONSE GROUP. 

17 (a) ESTABLISHMENT.—The President shall establish 

18 a Hostage Response Group, chaired by a designated mem19 ber of the National Security Council or the Deputies Com20 mittee of the National Security Council, to be convened 

21 on a regular basis, to further the safe recovery of United 

22 States nationals held hostage abroad or unlawfully or 

23 wrongfully detained abroad, and to be tasked with coordi24 nating the United States Government response to other 


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1 hostage-takings occurring abroad in which the United 

2 States has a national interest. 

3 (b) MEMBERSHIP.—The regular members of the Hos4 tage Response Group shall include the Director of the 

5 Hostage Recovery Fusion Cell, the Hostage Recovery Fu6 sion Cell’s Family Engagement Coordinator, the Special 

7 Envoy appointed pursuant to section 3, and representa8 tives from the Department of the Treasury, the Depart9 ment of Defense, the Department of Justice, the Federal 

10 Bureau of Investigation, the Office of the Director of Na11 tional Intelligence, the Central Intelligence Agency, and 

12 other agencies as the President, from time to time, may 

13 designate. 

14 (c) DUTIES.—The Hostage Recovery Group shall— 

15 (1) identify and recommend hostage recovery 

16 options and strategies to the President through the 

17 National Security Council; 

18 (2) coordinate the development and implemen19 tation of United States hostage recovery policies, 

20 strategies, and procedures; 

21 (3) receive regular updates from the Hostage 

22 Recovery Fusion Cell and the Special Envoy for 

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1 fully detained abroad and measures being taken to 

2 effect safe recoveries; 

3 (4) coordinate the provision of policy guidance 

4 to the Hostage Recovery Fusion Cell, including re5 viewing recovery options proposed by the Hostage 

6 Recovery Fusion Cell and working to resolve dis7 putes within the Hostage Recovery Fusion Cell; 

8 (5) as appropriate, direct the use of resources 

9 at the Hostage Recovery Fusion Cell to coordinate 

10 or assist in the safe recovery of United States na11 tionals unlawfully or wrongfully detained abroad; 

12 and 

13 (6) as appropriate, direct the use of resources 

14 at the Hostage Recovery Fusion Cell to coordinate 

15 the United States Government response to other 

16 hostage-takings occurring abroad in which the 

17 United States has a national interest. 

18 (d) MEETINGS.—The Hostage Response Group shall 

19 meet regularly. 

20 (e) REPORTING.—The Hostage Response Group shall 

21 regularly provide recommendations on hostage recovery 

22 options and strategies to the National Security Council. 

23 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

24 (a) IN GENERAL.—The President may impose the 

25 sanctions described in subsection (b) with respect to any 


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1 foreign person the President determines, based on credible 

2 evidence— 

3 (1) is responsible for or is complicit in, or re4 sponsible for ordering, controlling, or otherwise di5 recting, the hostage-taking of a United States na6 tional abroad or the unlawful or wrongful detention 

7 of a United States national abroad; or 

8 (2) knowingly provides financial, material, or 

9 technological support for, or goods or services in 

10 support of, an activity described in paragraph (1). 

11 (b) SANCTIONS DESCRIBED.—The sanctions de12 scribed in this subsection are the following: 

13 (1) INELIGIBILITY FOR VISAS, ADMISSION, OR

14 PAROLE.— 

15 (A) VISAS, ADMISSION, OR PAROLE.—An 

16 alien described in subsection (a) may be— 

17 (i) inadmissible to the United States; 

18 (ii) ineligible to receive a visa or other 

19 documentation to enter the United States; 

20 and 

21 (iii) otherwise ineligible to be admitted 

22 or paroled into the United States or to re23 ceive any other benefit under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et 

25 seq.). 


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1 (B) CURRENT VISAS REVOKED.— 

2 (i) IN GENERAL.—An alien described 

3 in subsection (a) may be subject to revoca4 tion of any visa or other entry documenta5 tion regardless of when the visa or other 

6 entry documentation is or was issued. 

7 (ii) IMMEDIATE EFFECT.—A revoca8 tion under clause (i) may— 

9 (I) take effect immediately; and 

10 (II) cancel any other valid visa or 

11 entry documentation that is in the 

12 alien’s possession. 

13 (2) BLOCKING OF PROPERTY.— 

14 (A) IN GENERAL.—The President may ex15 ercise all of the powers granted to the President 

16 under the International Emergency Economic 

17 Powers Act (50 U.S.C. 1701 et seq.), to the ex18 tent necessary to block and prohibit all trans19 actions in property and interests in property of 

20 a foreign person described in subsection (a) if 

21 such property and interests in property are in 

22 the United States, come within the United 

23 States, or are or come within the possession or 

24 control of a United States person. 


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1 (B) INAPPLICABILITY OF NATIONAL EMER2 GENCY REQUIREMENT.—The requirements of 

3 section 202 of the International Emergency 

4 Economic Powers Act (50 U.S.C. 1701) shall 

5 not apply for purposes of this section. 

6 (c) EXCEPTIONS.— 

7 (1) EXCEPTION FOR INTELLIGENCE ACTIVI8 TIES.—Sanctions under this section shall not apply 

9 to any activity subject to the reporting requirements 

10 under title V of the National Security Act of 1947 

11 (50 U.S.C. 3091 et seq.) or any authorized intel12 ligence activities of the United States. 

13 (2) EXCEPTION TO COMPLY WITH INTER14 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE15 MENT ACTIVITIES.—Sanctions under subsection 

16 (b)(1) shall not apply with respect to an alien if ad17 mitting or paroling the alien into the United States 

18 is necessary— 

19 (A) to permit the United States to comply 

20 with the Agreement regarding the Head21 quarters of the United Nations, signed at Lake 

22 Success June 26, 1947, and entered into force 

23 November 21, 1947, between the United Na24 tions and the United States, or other applicable 

25 international obligations; or 


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1 (B) to carry out or assist law enforcement 

2 activity in the United States. 

3 (d) PENALTIES.—A person that violates, attempts to 

4 violate, conspires to violate, or causes a violation of sub5 section (b)(2) or any regulation, license, or order issued 

6 to carry out that subsection shall be subject to the pen7 alties set forth in subsections (b) and (c) of section 206 

8 of the International Emergency Economic Powers Act (50 

9 U.S.C. 1705) to the same extent as a person that commits 

10 an unlawful act described in subsection (a) of that section. 

11 (e) TERMINATION OF SANCTIONS.—The President 

12 may terminate the application of sanctions under this sec13 tion with respect to a person if the President determines 

14 that— 

15 (1) information exists that the person did not 

16 engage in the activity for which sanctions were im17 posed; 

18 (2) the person has been prosecuted appro19 priately for the activity for which sanctions were im20 posed; 

21 (3) the person has credibly demonstrated a sig22 nificant change in behavior, has paid an appropriate 

23 consequence for the activity for which sanctions were 

24 imposed, and has credibly committed to not engage 


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1 in an activity described in subsection (a) in the fu2 ture; or 

3 (4) the termination of the sanctions is in the 

4 national security interests of the United States. 

5 (f) REPORTING REQUIREMENT.—If the President 

6 terminates sanctions pursuant to subsection (d), the Presi7 dent shall report to the appropriate congressional commit8 tees a written justification for such termination within 15 

9 days. 

10 (g) IMPLEMENTATION OF REGULATORY AUTHOR11 ITY.—The President may exercise all authorities provided 

12 under sections 203 and 205 of the International Emer13 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

14 to carry out this section. 

15 (h) EXCEPTION RELATING TO IMPORTATION OF

16 GOODS.— 

17 (1) IN GENERAL.—The authorities and require18 ments to impose sanctions authorized under this Act 

19 shall not include the authority or a requirement to 

20 impose sanctions on the importation of goods. 

21 (2) GOOD DEFINED.—In this paragraph, the 

22 term ‘‘good’’ means any article, natural or manmade 

23 substance, material, supply or manufactured prod24 uct, including inspection and test equipment, and ex25 cluding technical data. 


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1 (i) DEFINITIONS.—In this section: 

2 (1) FOREIGN PERSON.—The term ‘‘foreign per3 son’’ means— 

4 (A) any citizen or national of a foreign 

5 country (including any such individual who is 

6 also a citizen or national of the United States); 

7 or 

8 (B) any entity not organized solely under 

9 the laws of the United States or existing solely 

10 in the United States. 

11 (2) UNITED STATES PERSON.—The term 

12 ‘‘United States person’’ means— 

13 (A) an individual who is a United States 

14 citizen or an alien lawfully admitted for perma15 nent residence to the United States; 

16 (B) an entity organized under the laws of 

17 the United States or any jurisdiction within the 

18 United States, including a foreign branch of 

19 such an entity; or 

20 (C) any person in the United States. 

21 SEC. 7. DEFINITIONS. 

22 In this Act: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Foreign Relations, 

2 the Committee on Appropriations, the Com3 mittee on Banking, Housing, and Urban Af4 fairs, the Committee on the Judiciary, the Com5 mittee on Armed Services, and the Select Com6 mittee on Intelligence of the United States Sen7 ate; and 

8 (B) the Committee on Foreign Affairs, the 

9 Committee on Appropriations, the Committee 

10 on Financial Services, the Committee on the 

11 Judiciary, the Committee on Armed Services, 

12 and the Permanent Select Committee on Intel13 ligence of the House of Representatives. 

14 (2) UNITED STATES NATIONAL.—The term 

15 ‘‘United States national’’ means— 

16 (A) a United States national as defined in 

17 section 101(a)(22) or section 308 of the Immi18 gration and Nationality Act (8 U.S.C. 

19 1101(a)(22), 8 U.S.C. 1408); and 

20 (B) a lawful permanent resident alien with 

21 significant ties to the United States. 

22 SEC. 8. RULE OF CONSTRUCTION. 

23 Nothing in this Act may be construed to authorize 

24 a private right of action. 

Æ 


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