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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 712 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 462
116th CONGRESS
  2d Session
                                 S. 712

 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

                             March 7, 2019

 Mr. Menendez (for himself, Mr. Rubio, Mr. Leahy, Mr. Coons, and Mrs. 
   Shaheen) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                              June 3, 2020

 Reported by Mr. Risch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To provide assistance for United States citizens and nationals taken 
  hostage or unlawfully or wrongfully detained abroad, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Robert Levinson Hostage 
Recovery and Hostage-Taking Accountability Act''.</DELETED>

<DELETED>SEC. 2. ASSISTANCE FOR UNITED STATES CITIZENS AND NATIONALS 
              UNLAWFULLY OR WRONGFULLY DETAINED ABROAD.</DELETED>

<DELETED>    (a) Review.--The Secretary of State shall review the cases 
of citizens and nationals of the United States detained abroad to 
determine if there is credible information that they are being detained 
unlawfully or wrongfully, based on criteria including whether--
</DELETED>
        <DELETED>    (1) the detained individual has presented credible 
        information of factual innocence to United States 
        officials;</DELETED>
        <DELETED>    (2) information exists that the individual is 
        detained solely or substantially because he or she is a citizen 
        or national of the United States;</DELETED>
        <DELETED>    (3) information exists that the individual is 
        being detained in violation of internationally protected rights 
        and freedoms, such as freedom of expression, association, 
        assembly, and religion;</DELETED>
        <DELETED>    (4) the individual is being detained in violation 
        of the laws of the detaining country;</DELETED>
        <DELETED>    (5) independent nongovernmental organizations or 
        journalists have raised legitimate questions about the 
        innocence of the detained individual;</DELETED>
        <DELETED>    (6) the United States embassy in the country where 
        the individual is detained has received credible reports that 
        the detention is a pretext;</DELETED>
        <DELETED>    (7) police reports show evidence of the lack of a 
        credible investigation;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) the individual is detained in inhumane 
        conditions; and</DELETED>
        <DELETED>    (10) the international right to due process of law 
        has been sufficiently impaired so as to render the detention 
        arbitrary.</DELETED>
<DELETED>    (b) Referrals to the Special Envoy.--Upon a determination 
by the Secretary of State 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 
non-governmental 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.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) Biannual report.--With respect to United 
        States nationals for whom the Secretary determines there is 
        credible information of unlawful or wrongful detention abroad, 
        the Secretary shall submit a biannual report to the appropriate 
        congressional committees.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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'');</DELETED>
                <DELETED>    (B) basic facts about the case;</DELETED>
                <DELETED>    (C) a summary of the information that such 
                individual may be detained unlawfully or 
                wrongfully;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) a description of intended next 
                steps.</DELETED>
<DELETED>    (d) Resource Manual.--</DELETED>
        <DELETED>    (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 
        citizens and national detained abroad, the Secretary of State 
        shall publish a resource manual for government officials and 
        families of unjustly or wrongfully detained 
        individuals.</DELETED>
        <DELETED>    (2) Content.--The resource manual required under 
        paragraph (1) shall include suggested actions designed to 
        obtain the release of unjustly or wrongfully detained 
        individuals, including--</DELETED>
                <DELETED>    (A) acting through traditional diplomatic 
                and consular channels to ensure prompt and regular 
                access for the detained individual to legal counsel, 
                family members, humane treatment, and other 
                services;</DELETED>
                <DELETED>    (B) sanctions tools including withholding 
                assistance to the foreign government, in cases where 
                relevant, and denying or revoking visas and freezing 
                assets of individuals perpetrating the unjust or 
                wrongful detention;</DELETED>
                <DELETED>    (C) submitting public or private letters 
                from members of Congress or other individuals who may 
                be influential in securing the release of an 
                individual; and</DELETED>
                <DELETED>    (D) consulting with relevant legal and 
                human rights organizations.</DELETED>

<DELETED>SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.</DELETED>

<DELETED>    (a) Establishment.--There shall be a Special Presidential 
Envoy for Hostage Affairs, appointed by the President, by and with the 
advice and consent of the Senate, who shall report to the Secretary of 
State.</DELETED>
<DELETED>    (b) Rank.--The Special Envoy shall have the rank and 
status of ambassador.</DELETED>
<DELETED>    (c) Responsibilities.--The Special Presidential Envoy for 
Hostage Affairs shall--</DELETED>
        <DELETED>    (1) lead diplomatic engagement on United States 
        hostage policy;</DELETED>
        <DELETED>    (2) coordinate all diplomatic engagements 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;</DELETED>
        <DELETED>    (3) coordinate with the Hostage Recovery Fusion 
        Cell proposals for diplomatic engagements and strategy in 
        support of hostage recovery efforts;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) in coordination with the Hostage Recovery 
        Fusion Cell as appropriate, coordinate diplomatic engagements 
        regarding cases in which a foreign government confirms that it 
        has detained a United States national but the United States 
        Government regards such detention as unlawful or 
        wrongful.</DELETED>

<DELETED>SEC. 4. HOSTAGE RECOVERY FUSION CELL.</DELETED>

<DELETED>    (a) Establishment.--The President shall establish an 
interagency Hostage Recovery Fusion Cell.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The Department of State.</DELETED>
        <DELETED>    (2) The Department of the Treasury.</DELETED>
        <DELETED>    (3) The Department of Defense.</DELETED>
        <DELETED>    (4) The Department of Justice.</DELETED>
        <DELETED>    (5) The Office of the Director of National 
        Intelligence.</DELETED>
        <DELETED>    (6) The Federal Bureau of Investigation.</DELETED>
        <DELETED>    (7) The Central Intelligence Agency.</DELETED>
        <DELETED>    (8) Other agencies as the President, from time to 
        time, may designate.</DELETED>
<DELETED>    (c) Personnel.--The Hostage Recovery Fusion Cell shall 
have--</DELETED>
        <DELETED>    (1) a Director, who shall be a full-time senior 
        officer or employee of the United States Government;</DELETED>
        <DELETED>    (2) a Family Engagement Coordinator; and</DELETED>
        <DELETED>    (3) other officers and employees as deemed 
        appropriate by the President.</DELETED>
<DELETED>    (d) Duties.--The Hostage Recovery Fusion Cell shall--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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; 
        and</DELETED>
        <DELETED>    (3) pursuant to policy guidance coordinated 
        through the National Security Council--</DELETED>
                <DELETED>    (A) identify and recommend hostage 
                recovery options and strategies to the President 
                through the National Security Council;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) assess and track all hostage-takings 
                of United States nationals abroad and provide regular 
                reports to the President on the status of such cases 
                and any measures being taken toward the hostages' safe 
                recovery;</DELETED>
                <DELETED>    (D) provide a forum for intelligence 
                sharing and, with the support of the Director of 
                National Intelligence, coordinate the declassification 
                of relevant information;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (G) coordinate with agencies regarding 
                congressional, media, and other public inquiries 
                pertaining to hostage events.</DELETED>

<DELETED>SEC. 5. HOSTAGE RESPONSE GROUP.</DELETED>

<DELETED>    (a) Establishment.--The President shall establish a 
Hostage Response Group, to be convened on a regular basis, as well as 
upon the request of the National Security Council, to further the safe 
recovery of United States nationals held 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.</DELETED>
<DELETED>    (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, and 
other agencies as the President, from time to time, may 
designate.</DELETED>
<DELETED>    (c) Duties.--The Hostage Recovery Group shall--</DELETED>
        <DELETED>    (1) identify and recommend hostage recovery 
        options and strategies to the President through the National 
        Security Council;</DELETED>
        <DELETED>    (2) coordinate the development and implementation 
        of United States hostage recovery policies, strategies, and 
        procedures;</DELETED>
        <DELETED>    (3) receive regular updates from the Hostage 
        Recovery Fusion Cell on the status of United States nationals 
        being held hostage abroad and measures being taken to effect 
        the hostages' safe recovery;</DELETED>
        <DELETED>    (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; and</DELETED>
        <DELETED>    (5) where higher-level guidance is required, make 
        recommendations to the National Security Council.</DELETED>
<DELETED>    (d) Meetings.--The Hostage Response Group shall meet 
regularly.</DELETED>
<DELETED>    (e) Reporting.--The Hostage Response Group shall regularly 
provide recommendations on hostage recovery options and strategies to 
the National Security Council.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) is responsible for or complicit in, or 
        responsible for ordering, controlling, or otherwise directing, 
        the unlawful or wrongful detention abroad of a United States 
        national;</DELETED>
        <DELETED>    (2) acts as an agent of or on behalf of a foreign 
        person in a matter relating to an activity described in 
        paragraph (1); or</DELETED>
        <DELETED>    (3) materially assists, sponsors, or provides 
        financial, material, or technological support for, or goods or 
        services in support of, an activity described in paragraph 
        (1).</DELETED>
<DELETED>    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:</DELETED>
        <DELETED>    (1) Inadmissibility to united states.--</DELETED>
                <DELETED>    (A) In general.--In the case of a foreign 
                person who is an individual--</DELETED>
                        <DELETED>    (i) ineligibility to receive a 
                        visa to enter the United States or to be 
                        admitted to the United States; or</DELETED>
                        <DELETED>    (ii) if the individual has been 
                        issued a visa or other documentation, 
                        revocation, in accordance with section 221(i) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1201(i)), of the visa or other 
                        documentation.</DELETED>
                <DELETED>    (B) Exception to comply with united 
                nations headquarters agreement and law enforcement 
                objectives.--Sanctions under subparagraph (A) shall not 
                apply to an individual if admitting the individual into 
                the United States would further important law 
                enforcement objectives or is necessary 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 
                of the United States.</DELETED>
        <DELETED>    (2) Blocking of property.--</DELETED>
                <DELETED>    (A) In general.--The blocking, in 
                accordance with the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.), of all 
                transactions in all property and interests in property 
                of a foreign person 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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Exception relating to importation of 
                goods.--</DELETED>
                        <DELETED>    (i) In general.--The authority to 
                        block and prohibit all transactions in all 
                        property and interests in property under 
                        subparagraph (A) shall not include the 
                        authority to impose sanctions on the 
                        importation of goods.</DELETED>
                        <DELETED>    (ii) Good.--In this subparagraph, 
                        the term ``good'' means any article, natural or 
                        man-made substance, material, supply or 
                        manufactured product, including inspection and 
                        test equipment, and excluding technical 
                        data.</DELETED>
<DELETED>    (c) Enforcement of Blocking of Property.--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.</DELETED>
<DELETED>    (d) Termination of Sanctions.--The President may terminate 
the application of sanctions under this section with respect to a 
person if the President determines and reports to the appropriate 
congressional committees not later than 15 days before the termination 
of the sanctions that--</DELETED>
        <DELETED>    (1) credible information exists that the person 
        did not engage in the activity for which sanctions were 
        imposed;</DELETED>
        <DELETED>    (2) the person has been prosecuted appropriately 
        for the activity for which sanctions were imposed;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the termination of the sanctions is in the 
        national security interests of the United States.</DELETED>
<DELETED>    (e) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Foreign person.--The term ``foreign person'' 
        has the meaning given that term in section 595.304 of title 31, 
        Code of Federal Regulations (as in effect on the day before the 
        date of the enactment of this Act).</DELETED>
        <DELETED>    (2) United states person.--The term ``United 
        States person'' has the meaning given that term in section 
        595.315 of title 31, Code of Federal Regulations (as in effect 
        on the day before the date of the enactment of this 
        Act).</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    (a) Definitions.--</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--In this 
        Act, the term ``appropriate congressional committees'' means--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) United states national.--The term ``United 
        States national'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) a lawful permanent resident alien with 
                significant ties to the United States.</DELETED>

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 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;
                            (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.
            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.''.
                                                       Calendar No. 462

116th CONGRESS

  2d Session

                                 S. 712

_______________________________________________________________________

                                 A BILL

 To provide assistance for United States citizens and nationals taken 
  hostage or unlawfully or wrongfully detained abroad, and for other 
                               purposes.

_______________________________________________________________________

                              June 3, 2020

        Reported with an amendment and an amendment to the title
```