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