[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10255 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10255
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 HOUSE OF REPRESENTATIVES
November 22, 2024
Ms. Stevens (for herself and Mr. Hill) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on the Judiciary, and Transportation and
Infrastructure, 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 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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