[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1611 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1611
To provide assistance for United States citizens and nationals taken
hostage or unlawfully or wrongfully detained abroad, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2019
Mr. Deutch (for himself, Mr. Wilson of South Carolina, Mr. Ted Lieu of
California, and Mr. Waltz) 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 provide assistance for United States citizens and nationals taken
hostage or unlawfully or wrongfully detained abroad, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act''.
SEC. 2. ASSISTANCE FOR UNITED STATES CITIZENS AND NATIONALS UNLAWFULLY
OR WRONGFULLY DETAINED ABROAD.
(a) Review.--The Secretary of State shall review the cases of
citizens and nationals of the United States detained abroad to
determine if there is credible information that they are being detained
unlawfully or wrongfully, based on criteria including whether--
(1) the detained individual has presented credible
information of factual innocence to United States officials;
(2) information exists that the individual is detained
solely or substantially because he or she is a citizen or
national of the United States;
(3) information exists that the individual is being
detained in violation of internationally protected rights and
freedoms, such as freedom of expression, association, assembly,
and religion;
(4) the individual is being detained in violation of the
laws of the detaining country;
(5) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(6) the United States embassy in the country where the
individual is detained has received credible reports that the
detention is a pretext;
(7) police reports show evidence of the lack of a credible
investigation;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is detained in inhumane conditions; and
(10) the international right to due process of law has been
sufficiently impaired so as to render the detention arbitrary.
(b) Referrals to the Special Envoy.--Upon a determination by the
Secretary of State that there is credible information that the
detention of a United States national abroad is unlawful or wrongful,
and regardless of whether the detention is by a foreign government or a
non-governmental actor, the Secretary shall transfer responsibility for
such case from the Bureau of Consular Affairs of the Department of
State to the Special Envoy for Hostage Affairs created pursuant to
section 3.
(c) Report.--
(1) Biannual report.--With respect to United States
nationals for whom the Secretary determines there is credible
information of unlawful or wrongful detention abroad, the
Secretary shall submit a biannual report to the appropriate
congressional committees.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals so
detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the
provision of such information is inconsistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(B) basic facts about the case;
(C) a summary of the information that such
individual may be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the
last reporting period, including a description of
accomplishments and setbacks; and
(E) a description of intended next steps.
(d) Resource Manual.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act and after consulting with relevant
organizations that advocate on behalf of United States citizens
and national detained abroad, the Secretary of State shall
publish a resource manual for government officials and families
of unjustly or wrongfully detained individuals.
(2) Content.--The resource manual required under paragraph
(1) shall include suggested actions designed to obtain the
release of unjustly or wrongfully detained individuals,
including--
(A) acting through traditional diplomatic and
consular channels to ensure prompt and regular access
for the detained individual to legal counsel, family
members, humane treatment, and other services;
(B) sanctions tools including withholding
assistance to the foreign government, in cases where
relevant, and denying or revoking visas and freezing
assets of individuals perpetrating the unjust or
wrongful detention;
(C) submitting public or private letters from
members of Congress or other individuals who may be
influential in securing the release of an individual;
and
(D) consulting with relevant legal and human rights
organizations.
SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There shall be a Special Presidential Envoy for
Hostage Affairs, appointed by the President, by and with the advice and
consent of the Senate, who shall report to the Secretary of State.
(b) Rank.--The Special Envoy shall have the rank and status of
ambassador.
(c) Responsibilities.--The Special Presidential Envoy for Hostage
Affairs shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements in support of
hostage recovery efforts, in coordination with the Hostage
Recovery Fusion Cell and consistent with policy guidance
communicated through the Hostage Response Group;
(3) coordinate with the Hostage Recovery Fusion Cell
proposals for diplomatic engagements and strategy in support of
hostage recovery efforts;
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 4 and the Hostage Response Group established under
section 5; and
(5) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government confirms that it has
detained a United States national but the United States
Government regards such detention as unlawful or wrongful.
SEC. 4. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an interagency
Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of each of
the following executive departments, agencies, and offices to make
available personnel to participate in the Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall have--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator; and
(3) other officers and employees as deemed appropriate by
the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which the
United States has a national interest; and
(3) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options
and strategies to the President through the National
Security Council;
(B) coordinate efforts by participating agencies to
ensure that information regarding hostage events,
including potential recovery options and engagements
with families and external actors (including foreign
governments), is appropriately shared within the United
States Government to facilitate a coordinated response
to a hostage-taking;
(C) assess and track all hostage-takings of United
States nationals abroad and provide regular reports to
the President on the status of such cases and any
measures being taken toward the hostages' safe
recovery;
(D) provide a forum for intelligence sharing and,
with the support of the Director of National
Intelligence, coordinate the declassification of
relevant information;
(E) coordinate efforts by participating agencies to
provide appropriate support and assistance to hostages
and their families in a coordinated and consistent
manner and to provide families with timely information
regarding significant events in their cases;
(F) make recommendations to agencies in order to
reduce the likelihood of United States nationals' being
taken hostage abroad and enhance United States
Government preparation to maximize the probability of a
favorable outcome following a hostage-taking; and
(G) coordinate with agencies regarding
congressional, media, and other public inquiries
pertaining to hostage events.
SEC. 5. HOSTAGE RESPONSE GROUP.
(a) Establishment.--The President shall establish a Hostage
Response Group, to be convened on a regular basis, as well as upon the
request of the National Security Council, to further the safe recovery
of United States nationals held abroad, and to be tasked with
coordinating the United States Government response to other hostage-
takings occurring abroad in which the United States has a national
interest.
(b) Membership.--The regular members of the Hostage Response Group
shall include the Director of the Hostage Recovery Fusion Cell, the
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
Special Envoy appointed pursuant to section 3, and representatives from
the Department of the Treasury, the Department of Defense, the
Department of Justice, the Federal Bureau of Investigation, the Office
of the Director of National Intelligence, and other agencies as the
President, from time to time, may designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;
(2) coordinate the development and implementation of United
States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell on the status of United States nationals being held
hostage abroad and measures being taken to effect the hostages'
safe recovery;
(4) coordinate the provision of policy guidance to the
Hostage Recovery Fusion Cell, including reviewing recovery
options proposed by the Hostage Recovery Fusion Cell and
working to resolve disputes within the Hostage Recovery Fusion
Cell; and
(5) where higher-level guidance is required, make
recommendations to the National Security Council.
(d) Meetings.--The Hostage Response Group shall meet regularly.
(e) Reporting.--The Hostage Response Group shall regularly provide
recommendations on hostage recovery options and strategies to the
National Security Council.
SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, the unlawful or
wrongful detention abroad of a United States national;
(2) acts as an agent of or on behalf of a foreign person in
a matter relating to an activity described in paragraph (1); or
(3) materially assists, sponsors, or provides financial,
material, or technological support for, or goods or services in
support of, an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--
(A) In general.--In the case of a foreign person
who is an individual--
(i) ineligibility to receive a visa to
enter the United States or to be admitted to
the United States; or
(ii) if the individual has been issued a
visa or other documentation, revocation, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), of the visa or other documentation.
(B) Exception to comply with united nations
headquarters agreement and law enforcement
objectives.--Sanctions under subparagraph (A) shall not
apply to an individual if admitting the individual into
the United States would further important law
enforcement objectives or is necessary to permit the
United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, or other applicable international obligations
of the United States.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a foreign person
if such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United
States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(C) Exception relating to importation of goods.--
(i) In general.--The authority to block and
prohibit all transactions in all property and
interests in property under subparagraph (A)
shall not include the authority to impose
sanctions on the importation of goods.
(ii) Good.--In this subparagraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured
product, including inspection and test
equipment, and excluding technical data.
(c) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued to carry
out that subsection shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a person
that commits an unlawful act described in subsection (a) of that
section.
(d) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(e) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(f) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(2) United states person.--The term ``United States
person'' has the meaning given that term in section 595.315 of
title 31, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
SEC. 7. DEFINITIONS.
(a) Definitions.--
(1) Appropriate congressional committees.--In this Act, the
term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Select Committee on Intelligence of the United States
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
and
(B) a lawful permanent resident alien with
significant ties to the United States.
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