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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5340 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5340

To provide the United States Government with additional tools to deter 
  state and non-state actors from wrongfully detaining United States 
       nationals for political leverage, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2024

 Mr. Coons (for himself and Mr. Risch) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To provide the United States Government with additional tools to deter 
  state and non-state actors from wrongfully detaining United States 
       nationals for political leverage, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Countering 
Wrongful Detention Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION

Sec. 101. Designation of a foreign country as a State Sponsor of 
                            Unlawful or Wrongful Detention.
Sec. 102. Options and strategies for reducing likelihood of United 
                            States nationals being unlawfully or 
                            wrongfully detained or taken hostage.
Sec. 103. Additional funding for sanctions implementation.
Sec. 104. Enhancing United States travel advisories.
Sec. 105. Required certification regarding international travel 
                            advisories.
Sec. 106. Privacy Act written consent and passport renewals.
    TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND 
                     UNLAWFUL OR WRONGFUL DETAINEES

Sec. 201. Timeline for unlawful or wrongful detention determinations.
Sec. 202. Declarations of invalidity.
Sec. 203. Advisory Council on Hostage Taking and Unlawful or Wrongful 
                            Detention.
Sec. 204. Chairmanship of the Hostage Response Group.

    TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION

SEC. 101. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF 
              UNLAWFUL OR WRONGFUL DETENTION.

    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting 
after section 306 the following:

``SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF 
              UNLAWFUL OR WRONGFUL DETENTION.

    ``(a) In General.--The Secretary of State, in consultation with the 
heads of other relevant Federal agencies, may designate a foreign 
country that has provided support for or directly engaged in the 
unlawful or wrongful detention of a United States national as a State 
Sponsor of Unlawful or Wrongful Detention based on any of the following 
criteria:
            ``(1) The unlawful or wrongful detention of a United States 
        national occurs in the foreign country.
            ``(2) The government of the foreign country has failed to 
        release an unlawfully or wrongfully detained United States 
        national after having been notified by the Department of State.
            ``(3) Actions taken by the government of the foreign 
        country indicate that the government is responsible for, 
        complicit in, or materially supports the unlawful or wrongful 
        detention of a United States national, including by acting as 
        described in paragraph (2) after having been notified by the 
        Department of State.
            ``(4) The actions of a state or nonstate actor in the 
        foreign country, including any previous action relating to 
        unlawful or wrongful detention or hostage taking of a United 
        States national, pose a risk to the safety and security of 
        United States nationals abroad sufficient to warrant 
        designation of the foreign country as a State Sponsor of 
        Unlawful or Wrongful Detention, as determined by the Secretary.
    ``(b) Termination of Designation.--The Secretary may terminate the 
designation of a foreign country under subsection (a) if the Secretary 
certifies to Congress that the government of the foreign country--
            ``(1) has released the United States nationals unlawfully 
        or wrongfully detained within the territory of the foreign 
        country;
            ``(2) has positively contributed to the release of United 
        States nationals taken hostage within the territory of the 
        foreign country or from the custody of a nonstate entity;
            ``(3) has demonstrated changes in leadership or policies 
        with respect to unlawful or wrongful detention and hostage 
        taking; or
            ``(4) has provided assurances that the government of the 
        foreign country will not engage or be complicit in or support 
        acts described in subsection (a).
    ``(c) Briefing and Reports to Congress; Publication.--
            ``(1) Reports to congress.--
                    ``(A) In general.--The Secretary shall submit to 
                Congress a report on--
                            ``(i) each designation of a foreign country 
                        as a State Sponsor of Unlawful or Wrongful 
                        Detention under subsection (a) not later than 5 
                        days after such designation is made; and
                            ``(ii) each termination of a designation 
                        under subsection (b) not later than 30 days 
                        after such termination is made.
                    ``(B) Elements.--
                            ``(i) Designation report.--In each report 
                        submitted under subparagraph (A)(i) with 
                        respect to the designation of a foreign country 
                        as a State Sponsor of Unlawful or Wrongful 
                        Detention, the Secretary shall include--
                                    ``(I) the justification for the 
                                designation; and
                                    ``(II) a description of any action 
                                taken by the United States Government, 
                                including the Secretary of State or the 
                                head of any other relevant Federal 
                                agency, in response to the designation 
                                to deter the unlawful or wrongful 
                                detention or hostage-taking of foreign 
                                nationals in the country.
                            ``(ii) Termination report.--In each report 
                        submitted under clause (i)(II) with respect to 
                        the termination of a designation of a foreign 
                        country as a State Sponsor of Unlawful or 
                        Wrongful Detention, the Secretary shall provide 
                        the justification for the termination, 
                        including the factor described in subsection 
                        (b) that supports the termination.
            ``(2) Briefing required.--Not later than 60 days after the 
        date of the enactment of this section, the Secretary shall 
        brief Congress on the following:
                    ``(A) Whether any of the following countries should 
                be designated as a State Sponsor of Unlawful or 
                Wrongful Detention under subsection (a):
                            ``(i) Afghanistan.
                            ``(ii) Eritrea.
                            ``(iii) The Islamic Republic of Iran.
                            ``(iv) The People's Republic of China.
                            ``(v) The Russian Federation.
                            ``(vi) Syria.
                            ``(vii) Venezuela under the regime of 
                        Nicolas Maduro.
                    ``(B) The steps taken by the Secretary of State and 
                the heads of other relevant Federal agencies to deter 
                the unlawful and wrongful detention of United States 
                nationals and to respond to such detentions, 
                including--
                            ``(i) any engagement with private sector 
                        search engine companies to optimize the 
                        distribution of travel advisories; and
                            ``(ii) any engagement with private tourism 
                        companies responsible for promoting travel to 
                        foreign countries engaged in the unlawful or 
                        wrongful detention of United States nationals.
                    ``(C) An assessment of a possible expansion of 
                chapter 97 of title 28, United States Code (commonly 
                known as the `Foreign Sovereign Immunities Act of 
                1976') to include an exception from asset seizure 
                immunity for State Sponsors of Unlawful or Wrongful 
                Detention.
                    ``(D) A detailed plan on the manner by which a 
                geographic travel restriction could be instituted 
                against State Sponsors of Unlawful or Wrongful 
                Detention.
                    ``(E) The progress made in multilateral fora, 
                including the United Nations and other international 
                organizations, to address the unlawful and wrongful 
                detention of United States nationals, in addition to 
                nationals of partners and allies of the United States 
                in foreign countries.
            ``(3) Briefing.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter for 5 years, 
        the Assistant Secretary of State for Consular Affairs and the 
        Special Presidential Envoy for Hostage Affairs shall brief the 
        appropriate congressional committees on the countries listed 
        under paragraph (2)(A) and actions taken by the Secretary of 
        State and the heads of other relevant Federal agencies to deter 
        the wrongful detention of United States nationals, including 
        any steps taken in accordance with paragraph (2)(B).
            ``(4) Publication.--The Secretary shall make available on a 
        publicly accessible website of the Department of State, and 
        regularly update, a list of foreign countries designated as 
        State Sponsors of Unlawful or Wrongful Detention under 
        subsection (a).
    ``(d) Review of Available Responses to State Sponsors of Unlawful 
or Wrongful Detention.--Upon designation of a foreign country as a 
State Sponsor of Unlawful or Wrongful Detention under subsection (a), 
the Secretary, in consultation with the heads of other relevant Federal 
agencies, shall conduct a comprehensive review of the use of existing 
authorities to respond to and deter the unlawful or wrongful detention 
of United States nationals in the foreign country, including--
            ``(1) sanctions available under the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.);
            ``(2) visa restrictions available under section 7031(c) of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2024 (division F of Public Law 
        118-47; 8 U.S.C. 1182 note) or any other provision of Federal 
        law;
            ``(3) sanctions available under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.);
            ``(4) imposition of a geographic travel restriction on 
        citizens of the United States;
            ``(5) restrictions on assistance provided to the government 
        of the country under the Foreign Assistance Act of 1961 (22 
        U.S.C. 2151 et seq.) or any other provision of Federal law;
            ``(6) restrictions on the export of certain goods to the 
        country under the Arms Export Control Act (22 U.S.C. 2751 et 
        seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et 
        seq.), or any other Federal law; and
            ``(7) designating the government of the country as a 
        government that has repeatedly provided support for acts of 
        international terrorism pursuant to--
                    ``(A) section 1754(c)(1)(A)(i) of the Export 
                Control Reform Act of 2018 (50 U.S.C. 
                4813(c)(1)(A)(i));
                    ``(B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    ``(C) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    ``(D) any other provision of law.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to imply that the United States Government formally 
recognizes any particular country or the government of such country as 
legitimate.''.

SEC. 102. OPTIONS AND STRATEGIES FOR REDUCING LIKELIHOOD OF UNITED 
              STATES NATIONALS BEING UNLAWFULLY OR WRONGFULLY DETAINED 
              OR TAKEN HOSTAGE.

    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting 
after section 305 the following:

``SEC. 305A. REPORT ON STRATEGIES FOR REDUCING LIKELIHOOD OF UNITED 
              STATES NATIONALS BEING UNLAWFULLY OR WRONGFULLY DETAINED 
              OR TAKEN HOSTAGE.

    ``Not later than 60 days after the date of the enactment of the 
Countering Wrongful Detention Act of 2024, the Special Presidential 
Envoy for Hostage Affairs, in coordination with the Hostage Recovery 
Fusion Cell, the Hostage Response Group, and relevant agencies, as 
appropriate, shall submit to the President and the appropriate 
congressional committees a report that identifies and recommends 
options and strategies to reduce the likelihood of United States 
nationals being unlawfully or wrongfully detained abroad or taken 
hostage.''.

SEC. 103. ADDITIONAL FUNDING FOR SANCTIONS IMPLEMENTATION.

    There are authorized to be appropriated to the Secretary of State 
and the Secretary of the Treasury for fiscal year 2026 $2,000,000 to 
implement the sanctions authorities provided by section 306 of the 
Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act 
(22 U.S.C. 1741d) and Executive Order 14078 (22 U.S.C. 1741 note prec.; 
relating to bolstering efforts to bring hostages and wrongfully 
detained United States nationals home).

SEC. 104. ENHANCING UNITED STATES TRAVEL ADVISORIES.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated $2,000,000 to the Assistant Secretary of State for 
Consular Affairs to expend on travel advisory advertisement campaigns 
regarding travel made by United States nationals to countries under 
Level 4 ``Do Not Travel'' advisories issued by the Department of State 
Travel Advisory System.
    (b) Briefing.--If less than the $2,000,000 authorized in subsection 
(a) is expended on travel advisory advertisement campaigns during 
fiscal year 2025, the Assistant Secretary of State for Consular Affairs 
shall brief Congress on the justification of the amount expended for 
such purpose.

SEC. 105. REQUIRED CERTIFICATION REGARDING INTERNATIONAL TRAVEL 
              ADVISORIES.

    (a) In General.--Chapter 423 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 42309. Required certification regarding international travel 
              advisories
    ``(a) In General.--An air carrier, foreign air carrier, or ticket 
agent who sells, in the United States, a ticket for foreign air 
transportation of a passenger to a country or other geographic area 
with a `D' or `K' indicator issued by the Department of State Travel 
Advisory System shall require the passenger listed on the ticket to 
certify that the passenger--
            ``(1) has reviewed the travel advisory of the Department of 
        State applicable to such country or other geographic area; and
            ``(2) understands the risks involved with traveling to such 
        country or other geographic area.
    ``(b) Definitions.--For purposes of this section:
            ``(1) `D' indicator.--The term ```D'' indicator' means a 
        travel advisory issued by the Department of State that 
        indicates a risk of wrongful detention of a United States 
        national.
            ``(2) `K' indicator.--The term ```K'' indicator' means a 
        travel advisory issued by the Department of State that 
        indicates a criminal or terrorist individual or group has 
        threatened to seize, detain, kill, or injure individuals (or 
        has seized, detained, killed, or injured individuals) to compel 
        a third party (including a governmental organization) to meet 
        certain requirements as a condition of release.''.
    (b) Clerical Amendment.--The analysis for chapter 423 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 42308 the following:

``42309. Required certification regarding international travel 
                            advisories.''.

SEC. 106. PRIVACY ACT WRITTEN CONSENT AND PASSPORT RENEWALS.

    (a) Requirement To Include Travel Advisory Information on United 
States Passports.--Section 6103 of the Department of State 
Authorization Act of 2023 (division F of Public Law 118-31; 22 U.S.C. 
211a note) is amended, in the matter preceding paragraph (1), by 
striking ``should'' and inserting ``shall''.
    (b) Inclusion of Privacy Act Written Consent Form in Passport 
Application.--Section 1 of title IX of the Act of June 15, 1917 (22 
U.S.C. 213) is amended by adding at the end the following: ``Each 
passport application made available to potential applicants (DS-11) and 
each passport renewal application made available to current passport 
holders (DS-82) shall include a form that, if completed, indicates the 
applicant's consent for the disclosure of information otherwise 
protected under section 552a of title 5, United States Code (commonly 
known as the `Privacy Act of 1974') in the event such applicant is 
determined to be unlawfully or wrongfully detained by a foreign 
government. Declining to complete such form shall not impact the 
issuance of a passport to a qualified applicant or diplomatic efforts 
to secure the release of a United States national from the custody of a 
foreign government or entity.''.

    TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND 
                     UNLAWFUL OR WRONGFUL DETAINEES

SEC. 201. TIMELINE FOR UNLAWFUL OR WRONGFUL DETENTION DETERMINATIONS.

    Section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741) is amended--
            (1) in subsection (d)(8), by striking ``In this 
        subsection'' and inserting ``In this section''; and
            (2) by adding at the end the following:
    ``(e) Timeline for Unlawful or Wrongful Detention Determinations.--
            ``(1) Credible information determinations.--
                    ``(A) In general.--Not less frequently than every 
                180 days, the Assistant Secretary of State for Consular 
                Affairs and the Special Presidential Envoy for Hostage 
                Affairs shall review the cases, identified through 
                official government channels to either bureau, for 
                which there is potential credible information that a 
                United States national is being unlawfully or 
                wrongfully detained abroad.
                    ``(B) Report of findings.--Not later than 30 days 
                after each review under subparagraph (A), the Assistant 
                Secretary of State for Consular Affairs and the Special 
                Presidential Envoy for Hostage Affairs shall jointly 
                submit to Congress a classified report identifying each 
                United States national whose case was reviewed under 
                subparagraph (A) but who has not, as of the date of the 
                submission of the report, been determined by the 
                Secretary to be unlawfully or wrongfully detained under 
                subsection (a).
                    ``(C) Notification to family members.--Not later 
                than 30 days after the date of the submission of the 
                report under subparagraph (B), the Assistant Secretary 
                of State for Consular Affairs shall notify a family 
                member or legal representative of each United States 
                national identified in the report.
            ``(2) Status determinations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), and to the extent practical, not 
                later than 180 days after the date on which the 
                Secretary of State receives an assessment from the 
                Special Presidential Envoy for Hostage Affairs or the 
                head of any other relevant bureau of the Department of 
                State that credible information exists that a United 
                States national is being detained unlawfully or 
                wrongfully, the Secretary shall determine whether the 
                United States national is in fact being unlawfully or 
                wrongfully detained.
                    ``(B) Waiver.--
                            ``(i) In general.--The Secretary may waive 
                        the requirement under subparagraph (A) to make 
                        an unlawful or wrongful detention determination 
                        if the Secretary--
                                    ``(I) determines that making such a 
                                determination may jeopardize the safety 
                                or interests of the United States 
                                national being detained abroad or the 
                                national security interests of the 
                                United States; and
                                    ``(II) submits to Congress a report 
                                describing the reasons for the waiver.
                            ``(ii) Timing.--A waiver under clause (i) 
                        shall expired on the date that is 180 days 
                        after the date on which the Secretary submits 
                        the report on the waiver to Congress pursuant 
                        to clause (i)(II).
                            ``(iii) Renewal.--The Secretary may renew a 
                        waiver granted pursuant to clause (i) in the 
                        manner provided under such clause.''.

SEC. 202. DECLARATIONS OF INVALIDITY.

    Section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741), as amended by sections 201 
and 202, is further amended by adding at the end the following:
    ``(f) Declarations of Invalidity.--Upon the release of a United 
States national taken hostage or determined to be unlawfully or 
wrongfully detained abroad and the return of that national, the 
President shall issue to that national a letter, to be known as a 
`declaration of invalidity', that officially declares the detention 
abroad of the national as invalid for the purpose of completing any 
documentation that warrants a background investigation or review of 
prior offenses, such as a conviction.''.

SEC. 203. ADVISORY COUNCIL ON HOSTAGE TAKING AND UNLAWFUL OR WRONGFUL 
              DETENTION.

    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.), as amended by section 102, 
is further amended by inserting after section 305A the following:

``SEC. 305B. ADVISORY COUNCIL ON HOSTAGE TAKING AND UNLAWFUL OR 
              WRONGFUL DETENTION.

    ``(a) Establishment.--The President shall establish an advisory 
council, to be known as the `Advisory Council on Hostage Taking and 
Unlawful or Wrongful Detention' (in this section referred to as the 
`Advisory Council'), to advise the Special Presidential Envoy for 
Hostage Affairs, the Hostage Response Group, and the Hostage Recovery 
Fusion Cell with respect to Federal policies regarding hostage-taking 
and unlawful or wrongful detention.
    ``(b) Membership.--
            ``(1) In general.--The President shall invite individuals 
        to the Advisory Council, which shall be comprised of--
                    ``(A) United States nationals who have been 
                unlawfully or wrongfully detained or taken hostage 
                abroad;
                    ``(B) family members of such United States 
                nationals; and
                    ``(C) not fewer than 2 experts on areas including 
                hostage taking, wrongful detention, international 
                relations, rule of law, and counterterrorism who have 
                been recommended by the Secretary of State.
            ``(2) Terms.--The term of a member of the Advisory Council 
        shall be 3 years.
            ``(3) Compensation and travel expenses.--A member of the 
        Advisory Council shall not be considered a Federal employee and 
        shall not be compensated for service on the Advisory Council, 
        but may be allowed travel expenses, including per diem in lieu 
        of subsistence, in accordance with subchapter I of chapter 57 
        of title 5, United States Code.
    ``(c) Annual Reports.--Not later than 1 year after the date of the 
enactment of this section, and annually thereafter, the Advisory 
Council shall submit to the President and the appropriate congressional 
committees a report setting forth the recommendations of the Advisory 
Council.
    ``(d) Termination.--The Advisory Council shall terminate on the 
date that is 10 years after the date of the enactment of this 
section.''.

SEC. 204. CHAIRMANSHIP OF THE HOSTAGE RESPONSE GROUP.

    Section 305(a) of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741c(a)) is amended to read as 
follows:
    ``(a) Establishment.--
            ``(1) In general.--There shall be a Hostage Response Group, 
        which shall be--
                    ``(A) chaired by the Special Presidential Envoy for 
                Hostage Affairs; and
                    ``(B) convened on a regular basis at the White 
                House, and as needed at the request of the National 
                Security Council, to further the safe recovery of 
                United States nationals held unlawfully or wrongfully 
                abroad.
            ``(2) Coordination of government response.--The Hostage 
        Response Group may also be tasked with coordinating the United 
        States Government response to other hostage takings abroad in 
        which the United States has a national interest as specifically 
        referred to the Hostage Recovery Fusion Cell by the National 
        Security Council Deputies Committee.''.
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