II 

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. 

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’’. 


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1 SEC. 2. ASSISTANCE FOR UNITED STATES CITIZENS AND 

2 NATIONALS UNLAWFULLY OR WRONGFULLY 

3 DETAINED ABROAD. 

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

5 cases of citizens and nationals of the United States de6 tained abroad to determine if there is credible information 

7 that they are being detained unlawfully or wrongfully, 

8 based on criteria including whether— 

9 (1) the detained individual has presented cred10 ible information of factual innocence to United 

11 States officials; 

12 (2) information exists that the individual is de13 tained solely or substantially because he or she is a 

14 citizen or national of the United States; 

15 (3) information exists that the individual is 

16 being detained in violation of internationally pro17 tected rights and freedoms, such as freedom of ex18 pression, association, assembly, and religion; 

19 (4) the individual is being detained in violation 

20 of the laws of the detaining country; 

21 (5) independent nongovernmental organizations 

22 or journalists have raised legitimate questions about 

23 the innocence of the detained individual; 

24 (6) the United States embassy in the country 

25 where the individual is detained has received credible 

26 reports that the detention is a pretext; 


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1 (7) police reports show evidence of the lack of 

2 a credible investigation; 

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 detained in inhumane con9 ditions; and 

10 (10) the international right to due process of 

11 law has been sufficiently impaired so as to render 

12 the detention arbitrary. 

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

14 determination by the Secretary of State that there is cred15 ible information that the detention of a United States na16 tional abroad is unlawful or wrongful, and regardless of 

17 whether the detention is by a foreign government or a non18 governmental actor, the Secretary shall transfer responsi19 bility for such case from the Bureau of Consular Affairs 

20 of the Department of State to the Special Envoy for Hos21 tage Affairs created pursuant to section 3. 

22 (c) REPORT.— 

23 (1) BIANNUAL REPORT.—With respect to 

24 United States nationals for whom the Secretary de25 termines there is credible information of unlawful or 


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1 wrongful detention abroad, the Secretary shall sub2 mit a biannual report to the appropriate congres3 sional committees. 

4 (2) COMPOSITION.—The report required under 

5 paragraph (1) shall include current estimates of the 

6 number of individuals so detained, as well as rel7 evant information about particular cases, such as— 

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

9 provision of such information is inconsistent 

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

11 (commonly known as the ‘‘Privacy Act of 

12 1974’’); 

13 (B) basic facts about the case; 

14 (C) a summary of the information that 

15 such individual may be detained unlawfully or 

16 wrongfully; 

17 (D) a description of specific efforts, legal 

18 and diplomatic, taken on behalf of the indi19 vidual since the last reporting period, including 

20 a description of accomplishments and setbacks; 

21 and 

22 (E) a description of intended next steps. 

23 (d) RESOURCE MANUAL.— 

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

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


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1 consulting with relevant organizations that advocate 

2 on behalf of United States citizens and national de3 tained abroad, the Secretary of State shall publish 

4 a resource manual for government officials and fam5 ilies of unjustly or wrongfully detained individuals. 

6 (2) CONTENT.—The resource manual required 

7 under paragraph (1) shall include suggested actions 

8 designed to obtain the release of unjustly or wrong9 fully detained individuals, including— 

10 (A) acting through traditional diplomatic 

11 and consular channels to ensure prompt and 

12 regular access for the detained individual to 

13 legal counsel, family members, humane treat14 ment, and other services; 

15 (B) sanctions tools including withholding 

16 assistance to the foreign government, in cases 

17 where relevant, and denying or revoking visas 

18 and freezing assets of individuals perpetrating 

19 the unjust or wrongful detention; 

20 (C) submitting public or private letters 

21 from members of Congress or other individuals 

22 who may be influential in securing the release 

23 of an individual; and 

24 (D) consulting with relevant legal and 

25 human rights organizations. 


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1 SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. 

2 (a) ESTABLISHMENT.—There shall be a Special Pres3 idential Envoy for Hostage Affairs, appointed by the 

4 President, by and with the advice and consent of the Sen5 ate, who shall report to the Secretary of State. 

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

7 and status of ambassador. 

8 (c) RESPONSIBILITIES.—The Special Presidential 

9 Envoy for Hostage Affairs shall— 

10 (1) lead diplomatic engagement on United 

11 States hostage policy; 

12 (2) coordinate all diplomatic engagements in 

13 support of hostage recovery efforts, in coordination 

14 with the Hostage Recovery Fusion Cell and con15 sistent with policy guidance communicated through 

16 the Hostage Response Group; 

17 (3) coordinate with the Hostage Recovery Fu18 sion Cell proposals for diplomatic engagements and 

19 strategy in support of hostage recovery efforts; 

20 (4) provide senior representation from the Spe21 cial Envoy’s office to the Hostage Recovery Fusion 

22 Cell established under section 4 and the Hostage Re23 sponse Group established under section 5; and 

24 (5) in coordination with the Hostage Recovery 

25 Fusion Cell as appropriate, coordinate diplomatic 

26 engagements regarding cases in which a foreign govVerDate Sep 11 2014 00:46 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S712.RS S712

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1 ernment confirms that it has detained a United 

2 States national but the United States Government 

3 regards such detention as unlawful or wrongful. 

4 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 

5 (a) ESTABLISHMENT.—The President shall establish 

6 an interagency Hostage Recovery Fusion Cell. 

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

8 heads of each of the following executive departments, 

9 agencies, and offices to make available personnel to par10 ticipate in the Hostage Recovery Fusion Cell: 

11 (1) The Department of State. 

12 (2) The Department of the Treasury. 

13 (3) The Department of Defense. 

14 (4) The Department of Justice. 

15 (5) The Office of the Director of National Intel16 ligence. 

17 (6) The Federal Bureau of Investigation. 

18 (7) The Central Intelligence Agency. 

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

20 to time, may designate. 

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

22 shall have— 

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

24 officer or employee of the United States Govern25 ment; 


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1 (2) a Family Engagement Coordinator; and 

2 (3) other officers and employees as deemed ap3 propriate by the President. 

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

5 shall— 

6 (1) coordinate efforts by participating agencies 

7 to ensure that all relevant information, expertise, 

8 and resources are brought to bear to secure the safe 

9 recovery of United States nationals held hostage 

10 abroad; 

11 (2) if directed, coordinate the United States 

12 Government’s response to other hostage-takings oc13 curring abroad in which the United States has a na14 tional interest; and 

15 (3) pursuant to policy guidance coordinated 

16 through the National Security Council— 

17 (A) identify and recommend hostage recov18 ery options and strategies to the President 

19 through the National Security Council; 

20 (B) coordinate efforts by participating 

21 agencies to ensure that information regarding 

22 hostage events, including potential recovery op23 tions and engagements with families and exter24 nal actors (including foreign governments), is 

25 appropriately shared within the United States 


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1 Government to facilitate a coordinated response 

2 to a hostage-taking; 

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

4 United States nationals abroad and provide reg5 ular reports to the President on the status of 

6 such cases and any measures being taken to7 ward the hostages’ safe recovery; 

8 (D) provide a forum for intelligence shar9 ing and, with the support of the Director of Na10 tional Intelligence, coordinate the declassifica11 tion of relevant information; 

12 (E) coordinate efforts by participating 

13 agencies to provide appropriate support and as14 sistance to hostages and their families in a co15 ordinated and consistent manner and to provide 

16 families with timely information regarding sig17 nificant events in their cases; 

18 (F) make recommendations to agencies in 

19 order to reduce the likelihood of United States 

20 nationals’ being taken hostage abroad and en21 hance United States Government preparation to 

22 maximize the probability of a favorable outcome 

23 following a hostage-taking; and 


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1 (G) coordinate with agencies regarding 

2 congressional, media, and other public inquiries 

3 pertaining to hostage events. 

4 SEC. 5. HOSTAGE RESPONSE GROUP. 

5 (a) ESTABLISHMENT.—The President shall establish 

6 a Hostage Response Group, to be convened on a regular 

7 basis, as well as upon the request of the National Security 

8 Council, to further the safe recovery of United States na9 tionals held abroad, and to be tasked with coordinating 

10 the United States Government response to other hostage11 takings occurring abroad in which the United States has 

12 a national interest. 

13 (b) MEMBERSHIP.—The regular members of the Hos14 tage Response Group shall include the Director of the 

15 Hostage Recovery Fusion Cell, the Hostage Recovery Fu16 sion Cell’s Family Engagement Coordinator, the Special 

17 Envoy appointed pursuant to section 3, and representa18 tives from the Department of the Treasury, the Depart19 ment of Defense, the Department of Justice, the Federal 

20 Bureau of Investigation, the Office of the Director of Na21 tional Intelligence, and other agencies as the President, 

22 from time to time, may designate. 

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


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1 (1) identify and recommend hostage recovery 

2 options and strategies to the President through the 

3 National Security Council; 

4 (2) coordinate the development and implemen5 tation of United States hostage recovery policies, 

6 strategies, and procedures; 

7 (3) receive regular updates from the Hostage 

8 Recovery Fusion Cell on the status of United States 

9 nationals being held hostage abroad and measures 

10 being taken to effect the hostages’ safe recovery; 

11 (4) coordinate the provision of policy guidance 

12 to the Hostage Recovery Fusion Cell, including re13 viewing recovery options proposed by the Hostage 

14 Recovery Fusion Cell and working to resolve dis15 putes within the Hostage Recovery Fusion Cell; and 

16 (5) where higher-level guidance is required, 

17 make recommendations to the National Security 

18 Council. 

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

20 meet regularly. 

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

22 regularly provide recommendations on hostage recovery 

23 options and strategies to the National Security Council. 


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1 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

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

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

4 foreign person the President determines, based on credible 

5 evidence— 

6 (1) is responsible for or complicit in, or respon7 sible for ordering, controlling, or otherwise directing, 

8 the unlawful or wrongful detention abroad of a 

9 United States national; 

10 (2) acts as an agent of or on behalf of a foreign 

11 person in a matter relating to an activity described 

12 in paragraph (1); or 

13 (3) materially assists, sponsors, or provides fi14 nancial, material, or technological support for, or 

15 goods or services in support of, an activity described 

16 in paragraph (1). 

17 (b) SANCTIONS DESCRIBED.—The sanctions de18 scribed in this subsection are the following: 

19 (1) INADMISSIBILITY TO UNITED STATES.— 

20 (A) IN GENERAL.—In the case of a foreign 

21 person who is an individual— 

22 (i) ineligibility to receive a visa to 

23 enter the United States or to be admitted 

24 to the United States; or 

25 (ii) if the individual has been issued a 

26 visa or other documentation, revocation, in 


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1 accordance with section 221(i) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1201(i)), of the visa or other documenta4 tion. 

5 (B) EXCEPTION TO COMPLY WITH UNITED

6 NATIONS HEADQUARTERS AGREEMENT AND

7 LAW ENFORCEMENT OBJECTIVES.—Sanctions 

8 under subparagraph (A) shall not apply to an 

9 individual if admitting the individual into the 

10 United States would further important law en11 forcement objectives or is necessary to permit 

12 the United States to comply with the Agree13 ment regarding the Headquarters of the United 

14 Nations, signed at Lake Success June 26, 

15 1947, and entered into force November 21, 

16 1947, between the United Nations and the 

17 United States, or other applicable international 

18 obligations of the United States. 

19 (2) BLOCKING OF PROPERTY.— 

20 (A) IN GENERAL.—The blocking, in ac21 cordance with the International Emergency 

22 Economic Powers Act (50 U.S.C. 1701 et seq.), 

23 of all transactions in all property and interests 

24 in property of a foreign person if such property 

25 and interests in property are in the United 


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1 States, come within the United States, or are or 

2 come within the possession or control of a 

3 United States person. 

4 (B) INAPPLICABILITY OF NATIONAL EMER5 GENCY REQUIREMENT.—The requirements of 

6 section 202 of the International Emergency 

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

8 not apply for purposes of this section. 

9 (C) EXCEPTION RELATING TO IMPORTA10 TION OF GOODS.— 

11 (i) IN GENERAL.—The authority to 

12 block and prohibit all transactions in all 

13 property and interests in property under 

14 subparagraph (A) shall not include the au15 thority to impose sanctions on the importa16 tion of goods. 

17 (ii) GOOD.—In this subparagraph, the 

18 term ‘‘good’’ means any article, natural or 

19 man-made substance, material, supply or 

20 manufactured product, including inspection 

21 and test equipment, and excluding tech22 nical data. 

23 (c) ENFORCEMENT OF BLOCKING OF PROPERTY.— 

24 A person that violates, attempts to violate, conspires to 

25 violate, or causes a violation of subsection (b)(2) or any 


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1 regulation, license, or order issued to carry out that sub2 section shall be subject to the penalties set forth in sub3 sections (b) and (c) of section 206 of the International 

4 Emergency Economic Powers Act (50 U.S.C. 1705) to the 

5 same extent as a person that commits an unlawful act de6 scribed in subsection (a) of that section. 

7 (d) TERMINATION OF SANCTIONS.—The President 

8 may terminate the application of sanctions under this sec9 tion with respect to a person if the President determines 

10 and reports to the appropriate congressional committees 

11 not later than 15 days before the termination of the sanc12 tions that— 

13 (1) credible information exists that the person 

14 did not engage in the activity for which sanctions 

15 were imposed; 

16 (2) the person has been prosecuted appro17 priately for the activity for which sanctions were im18 posed; 

19 (3) the person has credibly demonstrated a sig20 nificant change in behavior, has paid an appropriate 

21 consequence for the activity for which sanctions were 

22 imposed, and has credibly committed to not engage 

23 in an activity described in subsection (a) in the fu24 ture; or 


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

2 national security interests of the United States. 

3 (e) REGULATORY AUTHORITY.—The President shall 

4 issue such regulations, licenses, and orders as are nec5 essary to carry out this section. 

6 (f) DEFINITIONS.—In this section: 

7 (1) FOREIGN PERSON.—The term ‘‘foreign per8 son’’ has the meaning given that term in section 

9 595.304 of title 31, Code of Federal Regulations (as 

10 in effect on the day before the date of the enactment 

11 of this Act). 

12 (2) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ has the meaning given that 

14 term in section 595.315 of title 31, Code of Federal 

15 Regulations (as in effect on the day before the date 

16 of the enactment of this Act). 

17 SEC. 7. DEFINITIONS. 

18 (a) DEFINITIONS.— 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—In this Act, the term ‘‘appropriate congres21 sional committees’’ means— 

22 (A) the Committee on Foreign Relations, 

23 the Committee on Appropriations, the Com24 mittee on Banking, Housing, and Urban Af25 fairs, the Committee on the Judiciary, the ComVerDate Sep 11 2014 00:46 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S712.RS S712

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1 mittee on Armed Services, and the Select Com2 mittee on Intelligence of the United States Sen3 ate; and 

4 (B) the Committee on Foreign Affairs, the 

5 Committee on Appropriations, the Committee 

6 on Financial Services, the Committee on the 

7 Judiciary, the Committee on Armed Services, 

8 and the Permanent Select Committee on Intel9 ligence of the House of Representatives. 

10 (2) UNITED STATES NATIONAL.—The term 

11 ‘‘United States national’’ means— 

12 (A) a United States national as defined in 

13 section 101(a)(22) or section 308 of the Immi14 gration and Nationality Act (8 U.S.C. 

15 1101(a)(22), 8 U.S.C. 1408); and 

16 (B) a lawful permanent resident alien with 

17 significant ties to the United States. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Robert Levinson Hostage 

20 Recovery and Hostage-Taking Accountability Act’’. 

21 SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UN22 LAWFULLY OR WRONGFULLY DETAINED 

23 ABROAD. 

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

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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 cred5 ible information indicating innocence of the detained 

6 individual; 

7 (2) the individual is being detained solely or 

8 substantially because he or she is a United States na9 tional; 

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 indi15 vidual sought to obtain, exercise, defend, or promote 

16 freedom of the press, freedom of religion, or the right 

17 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 im11 paired 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 de16 termination by the Secretary of State, based on the totality 

17 of the circumstances, that there is credible information that 

18 the detention of a United States national abroad is unlaw19 ful or wrongful, and regardless of whether the detention is 

20 by a foreign government or a nongovernmental actor, the 

21 Secretary shall transfer responsibility for such case from 

22 the Bureau of Consular Affairs of the Department of State 

23 to the Special Envoy for Hostage Affairs created pursuant 

24 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 this 

9 paragraph shall be submitted in unclassified 

10 form, but may include a classified annex if nec11 essary. 

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 relevant 

15 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 such 

23 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 individual 

3 since the last reporting period, including a de4 scription of accomplishments and setbacks; and 

5 (E) a description of intended next steps. 

6 (d) RESOURCE GUIDANCE.— 

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

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

9 consulting with relevant organizations that advocate 

10 on behalf of United States nationals detained abroad 

11 and the Family Engagement Coordinator established 

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

13 shall provide resource guidance in writing for govern14 ment officials and families of unjustly or wrongfully 

15 detained individuals. 

16 (2) CONTENT.—The resource guidance required 

17 under paragraph (1) should include— 

18 (A) information to help families understand 

19 United States policy concerning the release of 

20 United States nationals unlawfully or wrong21 fully held abroad; 

22 (B) contact information for officials in the 

23 Department of State or other government agen24 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 for 

7 the detained individual to legal counsel, family 

8 members, humane treatment, and other services; 

9 (D) guidance on submitting public or pri10 vate letters from members of Congress or other 

11 individuals who may be influential in securing 

12 the release of an individual; and 

13 (E) appropriate points of contacts, such as 

14 legal resources and counseling services, who have 

15 a record of assisting victims’ families. 

16 SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. 

17 (a) ESTABLISHMENT.—There shall be a Special Presi18 dential Envoy for Hostage Affairs, appointed by the Presi19 dent, who shall report to the Secretary of State. 

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

21 and status of ambassador. 

22 (c) RESPONSIBILITIES.—The Special Presidential 

23 Envoy for Hostage Affairs shall— 

24 (1) lead diplomatic engagement on United States 

25 hostage policy; 


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1 (2) coordinate all diplomatic engagements and 

2 strategy in support of hostage recovery efforts, in co3 ordination with the Hostage Recovery Fusion Cell 

4 and consistent with policy guidance communicated 

5 through the Hostage Response Group; 

6 (3) in coordination with the Hostage Recovery 

7 Fusion Cell as appropriate, coordinate diplomatic en8 gagements regarding cases in which a foreign govern9 ment has detained a United States national and the 

10 United States Government regards such detention as 

11 unlawful or wrongful; 

12 (4) provide senior representation from the Spe13 cial Envoy’s office to the Hostage Recovery Fusion 

14 Cell established under section 4 and the Hostage Re15 sponse Group established under section 5; and 

16 (5) ensure that families of United States nation17 als unlawfully or wrongly detained abroad receive up18 dated information about developments in cases and 

19 government policy. 

20 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 

21 (a) ESTABLISHMENT.—The President shall establish 

22 an interagency Hostage Recovery Fusion Cell. 

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

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1 cies, and offices to make available personnel to participate 

2 in the Hostage Recovery Fusion Cell: 

3 (1) The Department of State. 

4 (2) The Department of the Treasury. 

5 (3) The Department of Defense. 

6 (4) The Department of Justice. 

7 (5) The Office of the Director of National Intel8 ligence. 

9 (6) The Federal Bureau of Investigation. 

10 (7) The Central Intelligence Agency. 

11 (8) Other agencies as the President, from time to 

12 time, may designate. 

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

14 shall include— 

15 (1) a Director, who shall be a full-time senior of16 ficer or employee of the United States Government; 

17 (2) a Family Engagement Coordinator who 

18 shall— 

19 (A) work to ensure that all interactions by 

20 executive branch officials with a hostage’s family 

21 occur in a coordinated fashion and that the fam22 ily receives consistent and accurate information 

23 from the United States Government; and 

24 (B) if directed, perform the same function 

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


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1 the family of a United States national who is 

2 unlawfully or wrongfully detained abroad; and 

3 (3) other officers and employees as deemed ap4 propriate by the President. 

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

6 shall— 

7 (1) coordinate efforts by participating agencies 

8 to ensure that all relevant information, expertise, and 

9 resources are brought to bear to secure the safe recov10 ery of United States nationals held hostage abroad; 

11 (2) if directed, coordinate the United States Gov12 ernment’s response to other hostage-takings occurring 

13 abroad in which the United States has a national in14 terest; 

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

16 States Government’s response to help secure the re17 lease of United States nationals unlawfully or wrong18 fully detained abroad; and 

19 (4) pursuant to policy guidance coordinated 

20 through the National Security Council— 

21 (A) identify and recommend hostage recov22 ery options and strategies to the President 

23 through the National Security Council or the 

24 Deputies Committee of the National Security 

25 Council; 


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1 (B) coordinate efforts by participating 

2 agencies to ensure that information regarding 

3 hostage events, including potential recovery op4 tions and engagements with families and exter5 nal actors (including foreign governments), is 

6 appropriately shared within the United States 

7 Government to facilitate a coordinated response 

8 to a hostage-taking; 

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

10 United States nationals abroad and provide reg11 ular reports to the President and Congress on the 

12 status of such cases and any measures being 

13 taken toward the hostages’ safe recovery; 

14 (D) provide a forum for intelligence sharing 

15 and, with the support of the Director of National 

16 Intelligence, coordinate the declassification of rel17 evant information; 

18 (E) coordinate efforts by participating 

19 agencies to provide appropriate support and as20 sistance to hostages and their families in a co21 ordinated and consistent manner and to provide 

22 families with timely information regarding sig23 nificant events in their cases; 

24 (F) make recommendations to agencies in 

25 order to reduce the likelihood of United States 


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1 nationals’ being taken hostage abroad and en2 hance United States Government preparation to 

3 maximize the probability of a favorable outcome 

4 following a hostage-taking; and 

5 (G) coordinate with agencies regarding con6 gressional, media, and other public inquiries 

7 pertaining to hostage events. 

8 (e) ADMINISTRATION.—The Hostage Recovery Fusion 

9 Cell shall be located within the Federal Bureau of Investiga10 tion for administrative purposes. 

11 SEC. 5. HOSTAGE RESPONSE GROUP. 

12 (a) ESTABLISHMENT.—The President shall establish a 

13 Hostage Response Group, chaired by a designated member 

14 of the National Security Council or the Deputies Committee 

15 of the National Security Council, to be convened on a reg16 ular basis, to further the safe recovery of United States na17 tionals held hostage abroad or unlawfully or wrongfully de18 tained abroad, and to be tasked with coordinating the 

19 United States Government response to other hostage-takings 

20 occurring abroad in which the United States has a national 

21 interest. 

22 (b) MEMBERSHIP.—The regular members of the Hos23 tage Response Group shall include the Director of the Hos24 tage Recovery Fusion Cell, the Hostage Recovery Fusion 

25 Cell’s Family Engagement Coordinator, the Special Envoy 


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1 appointed pursuant to section 3, and representatives from 

2 the Department of the Treasury, the Department of Defense, 

3 the Department of Justice, the Federal Bureau of Investiga4 tion, the Office of the Director of National Intelligence, the 

5 Central Intelligence Agency, and other agencies as the 

6 President, from time to time, may designate. 

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

8 (1) identify and recommend hostage recovery op9 tions and strategies to the President through the Na10 tional Security Council; 

11 (2) coordinate the development and implementa12 tion of United States hostage recovery policies, strate13 gies, and procedures; 

14 (3) receive regular updates from the Hostage Re15 covery Fusion Cell and the Special Envoy for Hostage 

16 Affairs on the status of United States nationals being 

17 held hostage or unlawfully or wrongfully detained 

18 abroad and measures being taken to effect safe recov19 eries; 

20 (4) coordinate the provision of policy guidance to 

21 the Hostage Recovery Fusion Cell, including review22 ing recovery options proposed by the Hostage Recov23 ery Fusion Cell and working to resolve disputes with24 in the Hostage Recovery Fusion Cell; 


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1 (5) as appropriate, direct the use of resources at 

2 the Hostage Recovery Fusion Cell to coordinate or as3 sist in the safe recovery of United States nationals 

4 unlawfully or wrongfully detained abroad; and 

5 (6) as appropriate, direct the use of resources at 

6 the Hostage Recovery Fusion Cell to coordinate the 

7 United States Government response to other hostage8 takings occurring abroad in which the United States 

9 has a national interest. 

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

11 meet regularly. 

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

13 regularly provide recommendations on hostage recovery op14 tions and strategies to the National Security Council. 

15 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

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

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

18 foreign person the President determines, based on credible 

19 evidence— 

20 (1) is responsible for or is complicit in, or re21 sponsible for ordering, controlling, or otherwise direct22 ing, the hostage-taking of a United States national 

23 abroad or the unlawful or wrongful detention of a 

24 United States national abroad; or 


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1 (2) knowingly provides financial, material, or 

2 technological support for, or goods or services in sup3 port of, an activity described in paragraph (1). 

4 (b) SANCTIONS DESCRIBED.—The sanctions described 

5 in this subsection are the following: 

6 (1) INELIGIBILITY FOR VISAS, ADMISSION, OR PA7 ROLE.— 

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

9 alien described in subsection (a) may be— 

10 (i) inadmissible to the United States; 

11 (ii) ineligible to receive a visa or other 

12 documentation to enter the United States; 

13 and 

14 (iii) otherwise ineligible to be admitted 

15 or paroled into the United States or to re16 ceive any other benefit under the Immigra17 tion and Nationality Act (8 U.S.C. 1101 et 

18 seq.). 

19 (B) CURRENT VISAS REVOKED.— 

20 (i) IN GENERAL.—An alien described 

21 in subsection (a) may be subject to revoca22 tion of any visa or other entry documenta23 tion regardless of when the visa or other 

24 entry documentation is or was issued. 


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1 (ii) IMMEDIATE EFFECT.—A revoca2 tion under clause (i) may— 

3 (I) take effect immediately; and 

4 (II) cancel any other valid visa or 

5 entry documentation that is in the 

6 alien’s possession. 

7 (2) BLOCKING OF PROPERTY.— 

8 (A) IN GENERAL.—The President may exer9 cise all of the powers granted to the President 

10 under the International Emergency Economic 

11 Powers Act (50 U.S.C. 1701 et seq.), to the extent 

12 necessary to block and prohibit all transactions 

13 in property and interests in property of a for14 eign person described in subsection (a) if such 

15 property and interests in property are in the 

16 United States, come within the United States, or 

17 are or come within the possession or control of 

18 a United States person. 

19 (B) INAPPLICABILITY OF NATIONAL EMER20 GENCY REQUIREMENT.—The requirements of sec21 tion 202 of the International Emergency Eco22 nomic Powers Act (50 U.S.C. 1701) shall not 

23 apply for purposes of this section. 

24 (c) EXCEPTIONS.— 


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1 (1) EXCEPTION FOR INTELLIGENCE ACTIVI2 TIES.—Sanctions under this section shall not apply 

3 to any activity subject to the reporting requirements 

4 under title V of the National Security Act of 1947 (50 

5 U.S.C. 3091 et seq.) or any authorized intelligence ac6 tivities of the United States. 

7 (2) EXCEPTION TO COMPLY WITH INTER8 NATIONAL OBLIGATIONS AND FOR LAW ENFORCEMENT

9 ACTIVITIES.—Sanctions under subsection (b)(1) shall 

10 not apply with respect to an alien if admitting or pa11 roling the alien into the United States is necessary— 

12 (A) to permit the United States to comply 

13 with the Agreement regarding the Headquarters 

14 of the United Nations, signed at Lake Success 

15 June 26, 1947, and entered into force November 

16 21, 1947, between the United Nations and the 

17 United States, or other applicable international 

18 obligations; or 

19 (B) to carry out or assist law enforcement 

20 activity in the United States. 

21 (3) EXCEPTION RELATING TO IMPORTATION OF

22 GOODS.— 

23 (A) IN GENERAL.—The authorities and re24 quirements to impose sanctions authorized under 

25 subsection (b)(2) shall not include the authority 


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1 or a requirement to impose sanctions on the im2 portation of goods. 

3 (B) GOOD DEFINED.—In this paragraph, 

4 the term ‘‘good’’ means any article, natural or 

5 manmade substance, material, supply or manu6 factured product, including inspection and test 

7 equipment, and excluding technical data. 

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

9 violate, conspires to violate, or causes a violation of sub10 section (b)(2) or any regulation, license, or order issued to 

11 carry out that subsection shall be subject to the penalties 

12 set forth in subsections (b) and (c) of section 206 of the 

13 International Emergency Economic Powers Act (50 U.S.C. 

14 1705) to the same extent as a person that commits an un15 lawful act described in subsection (a) of that section. 

16 (e) TERMINATION OF SANCTIONS.—The President may 

17 terminate the application of sanctions under this section 

18 with respect to a person if the President determines that— 

19 (1) information exists that the person did not en20 gage in the activity for which sanctions were imposed; 

21 (2) the person has been prosecuted appropriately 

22 for the activity for which sanctions were imposed; 

23 (3) the person has credibly demonstrated a sig24 nificant change in behavior, has paid an appropriate 

25 consequence for the activity for which sanctions were 


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1 imposed, and has credibly committed to not engage in 

2 an activity described in subsection (a) in the future; 

3 or 

4 (4) the termination of the sanctions is in the na5 tional security interests of the United States. 

6 (f) REPORTING REQUIREMENT.—If the President ter7 minates sanctions pursuant to subsection (d), the President 

8 shall report to the appropriate congressional committees a 

9 written justification for such termination within 15 days. 

10 (g) IMPLEMENTATION OF REGULATORY AUTHORITY.— 

11 The President may exercise all authorities provided under 

12 sections 203 and 205 of the International Emergency Eco13 nomic Powers Act (50 U.S.C. 1702 and 1704) to carry out 

14 this section. 

15 (h) DEFINITIONS.—In this section: 

16 (1) FOREIGN PERSON.—The term ‘‘foreign per17 son’’ means— 

18 (A) any citizen or national of a foreign 

19 country (including any such individual who is 

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

21 or 

22 (B) any entity not organized solely under 

23 the laws of the United States or existing solely 

24 in the United States. 


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1 (2) UNITED STATES PERSON.—The term ‘‘United 

2 States person’’ means— 

3 (A) an individual who is a United States 

4 citizen or an alien lawfully admitted for perma5 nent residence to the United States; 

6 (B) an entity organized under the laws of 

7 the United States or any jurisdiction within the 

8 United States, including a foreign branch of 

9 such an entity; or 

10 (C) any person in the United States. 

11 SEC. 7. DEFINITIONS. 

12 In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means— 

16 (A) the Committee on Foreign Relations, the 

17 Committee on Appropriations, the Committee on 

18 Banking, Housing, and Urban Affairs, the Com19 mittee on the Judiciary, the Committee on 

20 Armed Services, and the Select Committee on In21 telligence of the United States Senate; and 

22 (B) the Committee on Foreign Affairs, the 

23 Committee on Appropriations, the Committee on 

24 Financial Services, the Committee on the Judici25 ary, the Committee on Armed Services, and the 


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1 Permanent Select Committee on Intelligence of 

2 the House of Representatives. 

3 (2) UNITED STATES NATIONAL.—The term 

4 ‘‘United States national’’ means— 

5 (A) a United States national as defined in 

6 section 101(a)(22) or section 308 of the Immi7 gration and Nationality Act (8 U.S.C. 

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

9 (B) a lawful permanent resident alien with 

10 significant ties to the United States. 

11 SEC. 8. RULE OF CONSTRUCTION. 

12 Nothing in this Act shall be construed to authorize a 

13 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.’’. 


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Calendar No. 462 

116TH CONGRESS 

2D SESSION S. 712 

A BILL 

To provide assistance for United States citizens 

poses. wrongfully detained abroad, and for other purand nationals taken hostage or unlawfully or 

JUNE 3, 2020 

Reported with an amendment and an amendment to the 

title 


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