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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9976 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9976

   To amend the Robert Levinson Hostage Recovery and Hostage-Taking 
   Accountability Act to establish a designation of state sponsor of 
             wrongful or unlawful, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2024

  Mr. Lawler introduced the following bill; which was referred to the 
 Committee on Foreign Affairs, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Robert Levinson Hostage Recovery and Hostage-Taking 
   Accountability Act to establish a designation of state sponsor of 
             wrongful or unlawful, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Sponsor of Wrongful or 
Unlawful Detention Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress as follows:
            (1) There has been a significant rise in the wrongful 
        detention of United States nationals and lawful permanent 
        residents by both state and non-state actors in foreign 
        countries, often used as a tactic for diplomatic leverage to 
        threaten the United States and the American people.
            (2) Existing mechanisms to hold foreign actors accountable 
        for wrongful detentions and the practice of hostage diplomacy 
        are insufficient.
            (3) Wrongful detentions and hostage taking pose a threat to 
        United States national security, violate fundamental human 
        rights, and undermine international law and norms.
            (4) It is the responsibility of the United States 
        Government to protect its nationals and lawful permanent 
        residents from wrongful detention and to provide recourse, 
        justice, and a pathway to compensation for victims.

SEC. 3. DESIGNATION OF STATE SPONSOR OF WRONGFUL OR UNLAWFUL DETENTION.

    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.) is amended--
            (1) by redesignating sections 307 and 308 as sections 308 
        and 309, respectively; and
            (2) by inserting after section 306 the following:

``SEC. 307. DESIGNATION OF STATE SPONSOR OF WRONGFUL OR UNLAWFUL 
              DETENTION.

    ``(a) Penalties for Designation.--
            ``(1) In general.--Any country the government of which the 
        Secretary of State designates as a state sponsor of wrongful or 
        unlawful detention under this section shall--
                    ``(A) be subject to sanctions under relevant 
                provisions of law, including visa sanctions with 
                respect to government officials of such country; and
                    ``(B) be prohibited from receiving foreign 
                assistance under relevant provisions of law.
            ``(2) Public notice.--The Secretary of State shall--
                    ``(A) update travel advisories to reflect the 
                designation of countries as state sponsors of arbitrary 
                detention under this section; and
                    ``(B) work with airlines to provide a warning to 
                potential travelers to such designated countries.
    ``(b) Criteria for Designation.--A country may be designated as a 
state sponsor of wrongful or unlawful detention under this section if 
the Secretary of State determines that the government of such country 
has provided support for or directly engaged in the wrongful detention 
of United States nationals based on one or more of the following:
            ``(1) The repeated wrongful detention or hostage taking of 
        United States nationals as provided for in this Act.
            ``(2) The repeated failure of the foreign government to 
        resolve a wrongful detention once notified by the Department of 
        State as provided for in this Act.
            ``(3) Actions that indicate the complicity or active 
        support of the government of such country for engaging in 
        wrongful detentions or hostage taking.
            ``(4) Actions that pose, in the judgment of the Secretary, 
        a sufficient risk of wrongful detention or hostage taking of 
        United States nationals in such country.
    ``(c) Congressional Notification.--The Secretary of State shall 
notify the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate not later than 30 
days after each determination to designate a country as a state sponsor 
of wrongful or unlawful detention under this section.
    ``(d) Withdrawal of Designation.--A designation as a state sponsor 
of wrongful or unlawful detention may be removed or withdrawn with 
respect to a country if the Secretary of State certifies to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate that--
            ``(1) the government of such country is no longer 
        supporting acts of wrongful detention or hostage taking; and
            ``(2) such government has provided evidence-based 
        assurances to the Secretary that it will not support and 
        actively oppose acts of wrongful detention or hostage taking in 
        the future.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to alter or affect the authorities of the Secretary of State 
with respect to determining that the detention in a foreign country of 
a United States person is wrongful pursuant to this Act or any other 
provision of law.''.

SEC. 4. OTHER MODIFICATIONS TO THE ROBERT LEVINSON HOSTAGE RECOVERY AND 
              HOSTAGE-TAKING ACCOUNTABILITY ACT.

    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act is amended--
            (1) in section 303(c) (22 U.S.C. 1741a(c))--
                    (A) by redesignating paragraphs (3), (4), and (5) 
                as paragraphs (4), (5), and (6), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) chair the Hostage Response Group and regularly 
        convene the group in accordance with section 305;''; and
                    (C) in paragraph (6) (as so redesignated), by 
                inserting ``or held hostage'' after ``unlawfully or 
                wrongly detained''; and
            (2) in section 305 (22 U.S.C. 1741c)--
                    (A) in subsection (a), by striking ``a designated 
                member of the National Security Council or the Deputies 
                Committee of the National Security Council'' and 
                inserting ``the Special Envoy appointed pursuant to 
                section 303''; and
                    (B) in subsection (b), by striking ``the Special 
                Envoy appointed pursuant to section 303,''.
                                 <all>
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