116TH CONGRESS 

2D SESSION S. 712 

AN ACT 

To provide assistance for United States 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Robert Levinson Hos3 tage Recovery and Hostage-Taking Accountability Act’’. 

4 SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UN5 LAWFULLY OR WRONGFULLY DETAINED 

6 ABROAD. 

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

8 cases of United States nationals detained abroad to deter9 mine if there is credible information that they are being 

10 detained unlawfully or wrongfully, based on criteria which 

11 may include whether— 

12 (1) United States officials receive or possess 

13 credible information indicating innocence of the de14 tained individual; 

15 (2) the individual is being detained solely or 

16 substantially because he or she is a United States 

17 national; 

18 (3) the individual is being detained solely or 

19 substantially to influence United States Government 

20 policy or to secure economic or political concessions 

21 from the United States Government; 

22 (4) the detention appears to be because the in23 dividual sought to obtain, exercise, defend, or pro24 mote freedom of the press, freedom of religion, or 

25 the right to peacefully assemble; 
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1 (5) the individual is being detained in violation 

2 of the laws of the detaining country; 

3 (6) independent nongovernmental organizations 

4 or journalists have raised legitimate questions about 

5 the innocence of the detained individual; 

6 (7) the United States mission in the country 

7 where the individual is being detained has received 

8 credible reports that the detention is a pretext for an 

9 illegitimate purpose; 

10 (8) the individual is detained in a country 

11 where the Department of State has determined in its 

12 annual human rights reports that the judicial system 

13 is not independent or impartial, is susceptible to cor14 ruption, or is incapable of rendering just verdicts; 

15 (9) the individual is being detained in inhumane 

16 conditions; 

17 (10) due process of law has been sufficiently 

18 impaired so as to render the detention arbitrary; and 

19 (11) United States diplomatic engagement is 

20 likely necessary to secure the release of the detained 

21 individual. 

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

23 determination by the Secretary of State, based on the to24 tality of the circumstances, that there is credible informa25 tion that the detention of a United States national abroad 
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1 is unlawful or wrongful, and regardless of whether the de2 tention is by a foreign government or a nongovernmental 

3 actor, the Secretary shall transfer responsibility for such 

4 case from the Bureau of Consular Affairs of the Depart5 ment of State to the Special Envoy for Hostage Affairs 

6 created pursuant to section 3. 

7 (c) REPORT.— 

8 (1) ANNUAL REPORT.— 

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

10 shall submit to the appropriate congressional 

11 committees an annual report with respect to 

12 United States nationals for whom the Secretary 

13 determines there is credible information of un14 lawful or wrongful detention abroad. 

15 (B) FORM.—The report required under 

16 this paragraph shall be submitted in unclassi17 fied form, but may include a classified annex if 

18 necessary. 

19 (2) COMPOSITION.—The report required under 

20 paragraph (1) shall include current estimates of the 

21 number of individuals so detained, as well as rel22 evant information about particular cases, such as— 

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

24 provision of such information is inconsistent 

25 with section 552a of title 5, United States Code 
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1 (commonly known as the ‘‘Privacy Act of 

2 1974’’); 

3 (B) basic facts about the case; 

4 (C) a summary of the information that 

5 such individual may be detained unlawfully or 

6 wrongfully; 

7 (D) a description of specific efforts, legal 

8 and diplomatic, taken on behalf of the indi9 vidual since the last reporting period, including 

10 a description of accomplishments and setbacks; 

11 and 

12 (E) a description of intended next steps. 

13 (d) RESOURCE GUIDANCE.— 

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

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

16 consulting with relevant organizations that advocate 

17 on behalf of United States nationals detained abroad 

18 and the Family Engagement Coordinator established 

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

20 shall provide resource guidance in writing for gov21 ernment officials and families of unjustly or wrong22 fully detained individuals. 

23 (2) CONTENT.—The resource guidance required 

24 under paragraph (1) should include— 
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1 (A) information to help families under2 stand United States policy concerning the re3 lease of United States nationals unlawfully or 

4 wrongfully held abroad; 

5 (B) contact information for officials in the 

6 Department of State or other government agen7 cies suited to answer family questions; 

8 (C) relevant information about options 

9 available to help families obtain the release of 

10 unjustly or wrongfully detained individuals, 

11 such as guidance on how families may engage 

12 with United States diplomatic and consular 

13 channels to ensure prompt and regular access 

14 for the detained individual to legal counsel, 

15 family members, humane treatment, and other 

16 services; 

17 (D) guidance on submitting public or pri18 vate letters from members of Congress or other 

19 individuals who may be influential in securing 

20 the release of an individual; and 

21 (E) appropriate points of contacts, such as 

22 legal resources and counseling services, who 

23 have a record of assisting victims’ families. 
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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, who shall report to the Secretary of State. 

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

6 and status of ambassador. 

7 (c) RESPONSIBILITIES.—The Special Presidential 

8 Envoy for Hostage Affairs shall— 

9 (1) lead diplomatic engagement on United 

10 States hostage policy; 

11 (2) coordinate all diplomatic engagements and 

12 strategy in support of hostage recovery efforts, in 

13 coordination with the Hostage Recovery Fusion Cell 

14 and consistent with policy guidance communicated 

15 through the Hostage Response Group; 

16 (3) in coordination with the Hostage Recovery 

17 Fusion Cell as appropriate, coordinate diplomatic 

18 engagements regarding cases in which a foreign gov19 ernment has detained a United States national and 

20 the United States Government regards such deten21 tion as unlawful or wrongful; 

22 (4) provide senior representation from the Spe23 cial Envoy’s office to the Hostage Recovery Fusion 

24 Cell established under section 4 and the Hostage Re25 sponse Group established under section 5; and 
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1 (5) ensure that families of United States na2 tionals unlawfully or wrongly detained abroad re3 ceive updated information about developments in 

4 cases and government policy. 

5 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 

6 (a) ESTABLISHMENT.—The President shall establish 

7 an interagency Hostage Recovery Fusion Cell. 

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

9 heads of each of the following executive departments, 

10 agencies, and offices to make available personnel to par11 ticipate in the Hostage Recovery Fusion Cell: 

12 (1) The Department of State. 

13 (2) The Department of the Treasury. 

14 (3) The Department of Defense. 

15 (4) The Department of Justice. 

16 (5) The Office of the Director of National Intel17 ligence. 

18 (6) The Federal Bureau of Investigation. 

19 (7) The Central Intelligence Agency. 

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

21 to time, may designate. 

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

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

2 officer or employee of the United States Govern3 ment; 

4 (2) a Family Engagement Coordinator who 

5 shall— 

6 (A) work to ensure that all interactions by 

7 executive branch officials with a hostage’s fam8 ily occur in a coordinated fashion and that the 

9 family receives consistent and accurate informa10 tion from the United States Government; and 

11 (B) if directed, perform the same function 

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

13 the family of a United States national who is 

14 unlawfully or wrongfully detained abroad; and 

15 (3) other officers and employees as deemed ap16 propriate by the President. 

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

18 shall— 

19 (1) coordinate efforts by participating agencies 

20 to ensure that all relevant information, expertise, 

21 and resources are brought to bear to secure the safe 

22 recovery of United States nationals held hostage 

23 abroad; 

24 (2) if directed, coordinate the United States 

25 Government’s response to other hostage-takings oc-
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1 curring abroad in which the United States has a na2 tional interest; 

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

4 States Government’s response to help secure the re5 lease of United States nationals unlawfully or 

6 wrongfully detained abroad; and 

7 (4) pursuant to policy guidance coordinated 

8 through the National Security Council— 

9 (A) identify and recommend hostage recov10 ery options and strategies to the President 

11 through the National Security Council or the 

12 Deputies Committee of the National Security 

13 Council; 

14 (B) coordinate efforts by participating 

15 agencies to ensure that information regarding 

16 hostage events, including potential recovery op17 tions and engagements with families and exter18 nal actors (including foreign governments), is 

19 appropriately shared within the United States 

20 Government to facilitate a coordinated response 

21 to a hostage-taking; 

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

23 United States nationals abroad and provide reg24 ular reports to the President and Congress on 
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1 the status of such cases and any measures 

2 being taken toward the hostages’ safe recovery; 

3 (D) provide a forum for intelligence shar4 ing and, with the support of the Director of Na5 tional Intelligence, coordinate the declassifica6 tion of relevant information; 

7 (E) coordinate efforts by participating 

8 agencies to provide appropriate support and as9 sistance to hostages and their families in a co10 ordinated and consistent manner and to provide 

11 families with timely information regarding sig12 nificant events in their cases; 

13 (F) make recommendations to agencies in 

14 order to reduce the likelihood of United States 

15 nationals’ being taken hostage abroad and en16 hance United States Government preparation to 

17 maximize the probability of a favorable outcome 

18 following a hostage-taking; and 

19 (G) coordinate with agencies regarding 

20 congressional, media, and other public inquiries 

21 pertaining to hostage events. 

22 (e) ADMINISTRATION.—The Hostage Recovery Fu23 sion Cell shall be located within the Federal Bureau of 

24 Investigation for administrative purposes. 
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1 SEC. 5. HOSTAGE RESPONSE GROUP. 

2 (a) ESTABLISHMENT.—The President shall establish 

3 a Hostage Response Group, chaired by a designated mem4 ber of the National Security Council or the Deputies Com5 mittee of the National Security Council, to be convened 

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

7 States nationals held hostage abroad or unlawfully or 

8 wrongfully detained abroad, and to be tasked with coordi9 nating the United States Government response to other 

10 hostage-takings occurring abroad in which the United 

11 States has a national interest. 

12 (b) MEMBERSHIP.—The regular members of the Hos13 tage Response Group shall include the Director of the 

14 Hostage Recovery Fusion Cell, the Hostage Recovery Fu15 sion Cell’s Family Engagement Coordinator, the Special 

16 Envoy appointed pursuant to section 3, and representa17 tives from the Department of the Treasury, the Depart18 ment of Defense, the Department of Justice, the Federal 

19 Bureau of Investigation, the Office of the Director of Na20 tional Intelligence, the Central Intelligence Agency, and 

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

22 designate. 

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

24 (1) identify and recommend hostage recovery 

25 options and strategies to the President through the 

26 National Security Council; 
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1 (2) coordinate the development and implemen2 tation of United States hostage recovery policies, 

3 strategies, and procedures; 

4 (3) receive regular updates from the Hostage 

5 Recovery Fusion Cell and the Special Envoy for 

6 Hostage Affairs on the status of United States na7 tionals being held hostage or unlawfully or wrong8 fully detained abroad and measures being taken to 

9 effect safe recoveries; 

10 (4) coordinate the provision of policy guidance 

11 to the Hostage Recovery Fusion Cell, including re12 viewing recovery options proposed by the Hostage 

13 Recovery Fusion Cell and working to resolve dis14 putes within the Hostage Recovery Fusion Cell; 

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

16 at the Hostage Recovery Fusion Cell to coordinate 

17 or assist in the safe recovery of United States na18 tionals unlawfully or wrongfully detained abroad; 

19 and 

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

21 at the Hostage Recovery Fusion Cell to coordinate 

22 the United States Government response to other 

23 hostage-takings occurring abroad in which the 

24 United States has a national interest. 
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1 (d) MEETINGS.—The Hostage Response Group shall 

2 meet regularly. 

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

4 regularly provide recommendations on hostage recovery 

5 options and strategies to the National Security Council. 

6 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

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

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

9 foreign person the President determines, based on credible 

10 evidence— 

11 (1) is responsible for or is complicit in, or re12 sponsible for ordering, controlling, or otherwise di13 recting, the hostage-taking of a United States na14 tional abroad or the unlawful or wrongful detention 

15 of a United States national abroad; or 

16 (2) knowingly provides financial, material, or 

17 technological support for, or goods or services in 

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

19 (b) SANCTIONS DESCRIBED.—The sanctions de20 scribed in this subsection are the following: 

21 (1) INELIGIBILITY FOR VISAS, ADMISSION, OR

22 PAROLE.— 

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

24 alien described in subsection (a) may be— 

25 (i) inadmissible to the United States; 
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1 (ii) ineligible to receive a visa or other 

2 documentation to enter the United States; 

3 and 

4 (iii) otherwise ineligible to be admitted 

5 or paroled into the United States or to re6 ceive any other benefit under the Immigra7 tion and Nationality Act (8 U.S.C. 1101 et 

8 seq.). 

9 (B) CURRENT VISAS REVOKED.— 

10 (i) IN GENERAL.—An alien described 

11 in subsection (a) may be subject to revoca12 tion of any visa or other entry documenta13 tion regardless of when the visa or other 

14 entry documentation is or was issued. 

15 (ii) IMMEDIATE EFFECT.—A revoca16 tion under clause (i) may— 

17 (I) take effect immediately; and 

18 (II) cancel any other valid visa or 

19 entry documentation that is in the 

20 alien’s possession. 

21 (2) BLOCKING OF PROPERTY.— 

22 (A) IN GENERAL.—The President may ex23 ercise all of the powers granted to the President 

24 under the International Emergency Economic 

25 Powers Act (50 U.S.C. 1701 et seq.), to the ex-
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1 tent necessary to block and prohibit all trans2 actions in property and interests in property of 

3 a foreign person described in subsection (a) if 

4 such property and interests in property are in 

5 the United States, come within the United 

6 States, or are or come within the possession or 

7 control of a United States person. 

8 (B) INAPPLICABILITY OF NATIONAL EMER9 GENCY REQUIREMENT.—The requirements of 

10 section 202 of the International Emergency 

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

12 not apply for purposes of this section. 

13 (c) EXCEPTIONS.— 

14 (1) EXCEPTION FOR INTELLIGENCE ACTIVI15 TIES.—Sanctions under this section shall not apply 

16 to any activity subject to the reporting requirements 

17 under title V of the National Security Act of 1947 

18 (50 U.S.C. 3091 et seq.) or any authorized intel19 ligence activities of the United States. 

20 (2) EXCEPTION TO COMPLY WITH INTER21 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE22 MENT ACTIVITIES.—Sanctions under subsection 

23 (b)(1) shall not apply with respect to an alien if ad24 mitting or paroling the alien into the United States 

25 is necessary— 
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1 (A) to permit the United States to comply 

2 with the Agreement regarding the Head3 quarters of the United Nations, signed at Lake 

4 Success June 26, 1947, and entered into force 

5 November 21, 1947, between the United Na6 tions and the United States, or other applicable 

7 international obligations; or 

8 (B) to carry out or assist law enforcement 

9 activity in the United States. 

10 (3) EXCEPTION RELATING TO IMPORTATION OF

11 GOODS.— 

12 (A) IN GENERAL.—The authorities and re13 quirements to impose sanctions authorized 

14 under subsection (b)(2) shall not include the 

15 authority or a requirement to impose sanctions 

16 on the importation of goods. 

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

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

19 manmade substance, material, supply or manu20 factured product, including inspection and test 

21 equipment, and excluding technical data. 

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

23 violate, conspires to violate, or causes a violation of sub24 section (b)(2) or any regulation, license, or order issued 

25 to carry out that subsection shall be subject to the pen-
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1 alties set forth in subsections (b) and (c) of section 206 

2 of the International Emergency Economic Powers Act (50 

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

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

5 (e) TERMINATION OF SANCTIONS.—The President 

6 may terminate the application of sanctions under this sec7 tion with respect to a person if the President determines 

8 that— 

9 (1) information exists that the person did not 

10 engage in the activity for which sanctions were im11 posed; 

12 (2) the person has been prosecuted appro13 priately for the activity for which sanctions were im14 posed; 

15 (3) the person has credibly demonstrated a sig16 nificant change in behavior, has paid an appropriate 

17 consequence for the activity for which sanctions were 

18 imposed, and has credibly committed to not engage 

19 in an activity described in subsection (a) in the fu20 ture; or 

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

22 national security interests of the United States. 

23 (f) REPORTING REQUIREMENT.—If the President 

24 terminates sanctions pursuant to subsection (d), the Presi25 dent shall report to the appropriate congressional commit-
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1 tees a written justification for such termination within 15 

2 days. 

3 (g) IMPLEMENTATION OF REGULATORY AUTHOR4 ITY.—The President may exercise all authorities provided 

5 under sections 203 and 205 of the International Emer6 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

7 to carry out this section. 

8 (h) DEFINITIONS.—In this section: 

9 (1) FOREIGN PERSON.—The term ‘‘foreign per10 son’’ means— 

11 (A) any citizen or national of a foreign 

12 country (including any such individual who is 

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

14 or 

15 (B) any entity not organized solely under 

16 the laws of the United States or existing solely 

17 in the United States. 

18 (2) UNITED STATES PERSON.—The term 

19 ‘‘United States person’’ means— 

20 (A) an individual who is a United States 

21 citizen or an alien lawfully admitted for perma22 nent residence to the United States; 

23 (B) an entity organized under the laws of 

24 the United States or any jurisdiction within the 
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1 United States, including a foreign branch of 

2 such an entity; or 

3 (C) any person in the United States. 

4 SEC. 7. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations, 

10 the Committee on Appropriations, the Com11 mittee on Banking, Housing, and Urban Af12 fairs, the Committee on the Judiciary, the Com13 mittee on Armed Services, and the Select Com14 mittee on Intelligence of the United States Sen15 ate; and 

16 (B) the Committee on Foreign Affairs, the 

17 Committee on Appropriations, the Committee 

18 on Financial Services, the Committee on the 

19 Judiciary, the Committee on Armed Services, 

20 and the Permanent Select Committee on Intel21 ligence of the House of Representatives. 

22 (2) UNITED STATES NATIONAL.—The term 

23 ‘‘United States national’’ means— 

24 (A) a United States national as defined in 

25 section 101(a)(22) or section 308 of the Immi-
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1 gration and Nationality Act (8 U.S.C. 

2 1101(a)(22), 8 U.S.C. 1408); and 

3 (B) a lawful permanent resident alien with 

4 significant ties to the United States. 

5 SEC. 8. RULE OF CONSTRUCTION. 

6 Nothing in this Act shall be construed to authorize 

7 a private right of action. 

Passed the Senate June 15, 2020. 

Attest: 

Secretary. 
116TH CONGRESS 

2D SESSION S. 712 

AN ACT 

To provide assistance for United States nationals 

tained abroad, and for other purposes. taken hostage or unlawfully or wrongfully de-