Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act

I 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 re- ferred to the Committee on Foreign Affairs, and in addition to the Com- mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To provide assistance for United States citizens and nation- als taken hostage or unlawfully or wrongfully detained abroad, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Robert Levinson Hos- 4 tage Recovery and Hostage-Taking Accountability Act’’. 5 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1611 IH SEC. 2. ASSISTANCE FOR UNITED STATES CITIZENS AND 1 NATIONALS UNLAWFULLY OR WRONGFULLY 2 DETAINED ABROAD. 3 (a) REVIEW.—The Secretary of State shall review the 4 cases of citizens and nationals of the United States de- 5 tained abroad to determine if there is credible information 6 that they are being detained unlawfully or wrongfully, 7 based on criteria including whether— 8 (1) the detained individual has presented cred- 9 ible information of factual innocence to United 10 States officials; 11 (2) information exists that the individual is de- 12 tained solely or substantially because he or she is a 13 citizen or national of the United States; 14 (3) information exists that the individual is 15 being detained in violation of internationally pro- 16 tected rights and freedoms, such as freedom of ex- 17 pression, association, assembly, and religion; 18 (4) the individual is being detained in violation 19 of the laws of the detaining country; 20 (5) independent nongovernmental organizations 21 or journalists have raised legitimate questions about 22 the innocence of the detained individual; 23 (6) the United States embassy in the country 24 where the individual is detained has received credible 25 reports that the detention is a pretext; 26 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1611 IH (7) police reports show evidence of the lack of 1 a credible investigation; 2 (8) the individual is detained in a country 3 where the Department of State has determined in its 4 annual human rights reports that the judicial system 5 is not independent or impartial, is susceptible to cor- 6 ruption, or is incapable of rendering just verdicts; 7 (9) the individual is detained in inhumane con- 8 ditions; and 9 (10) the international right to due process of 10 law has been sufficiently impaired so as to render 11 the detention arbitrary. 12 (b) REFERRALS TO THE SPECIAL ENVOY.—Upon a 13 determination by the Secretary of State that there is cred- 14 ible information that the detention of a United States na- 15 tional abroad is unlawful or wrongful, and regardless of 16 whether the detention is by a foreign government or a non- 17 governmental actor, the Secretary shall transfer responsi- 18 bility for such case from the Bureau of Consular Affairs 19 of the Department of State to the Special Envoy for Hos- 20 tage Affairs created pursuant to section 3. 21 (c) REPORT.— 22 (1) BIANNUAL REPORT.—With respect to 23 United States nationals for whom the Secretary de- 24 termines there is credible information of unlawful or 25 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1611 IH wrongful detention abroad, the Secretary shall sub- 1 mit a biannual report to the appropriate congres- 2 sional committees. 3 (2) COMPOSITION.—The report required under 4 paragraph (1) shall include current estimates of the 5 number of individuals so detained, as well as rel- 6 evant information about particular cases, such as— 7 (A) the name of the individual, unless the 8 provision of such information is inconsistent 9 with section 552a of title 5, United States Code 10 (commonly known as the ‘‘Privacy Act of 11 1974’’); 12 (B) basic facts about the case; 13 (C) a summary of the information that 14 such individual may be detained unlawfully or 15 wrongfully; 16 (D) a description of specific efforts, legal 17 and diplomatic, taken on behalf of the indi- 18 vidual since the last reporting period, including 19 a description of accomplishments and setbacks; 20 and 21 (E) a description of intended next steps. 22 (d) RESOURCE MANUAL.— 23 (1) ESTABLISHMENT.—Not later than 180 days 24 after the date of the enactment of this Act and after 25 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1611 IH consulting with relevant organizations that advocate 1 on behalf of United States citizens and national de- 2 tained abroad, the Secretary of State shall publish 3 a resource manual for government officials and fam- 4 ilies of unjustly or wrongfully detained individuals. 5 (2) CONTENT.—The resource manual required 6 under paragraph (1) shall include suggested actions 7 designed to obtain the release of unjustly or wrong- 8 fully detained individuals, including— 9 (A) acting through traditional diplomatic 10 and consular channels to ensure prompt and 11 regular access for the detained individual to 12 legal counsel, family members, humane treat- 13 ment, and other services; 14 (B) sanctions tools including withholding 15 assistance to the foreign government, in cases 16 where relevant, and denying or revoking visas 17 and freezing assets of individuals perpetrating 18 the unjust or wrongful detention; 19 (C) submitting public or private letters 20 from members of Congress or other individuals 21 who may be influential in securing the release 22 of an individual; and 23 (D) consulting with relevant legal and 24 human rights organizations. 25 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1611 IH SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. 1 (a) ESTABLISHMENT.—There shall be a Special Pres- 2 idential Envoy for Hostage Affairs, appointed by the 3 President, by and with the advice and consent of the Sen- 4 ate, who shall report to the Secretary of State. 5 (b) RANK.—The Special Envoy shall have the rank 6 and status of ambassador. 7 (c) RESPONSIBILITIES.—The Special Presidential 8 Envoy for Hostage Affairs shall— 9 (1) lead diplomatic engagement on United 10 States hostage policy; 11 (2) coordinate all diplomatic engagements in 12 support of hostage recovery efforts, in coordination 13 with the Hostage Recovery Fusion Cell and con- 14 sistent with policy guidance communicated through 15 the Hostage Response Group; 16 (3) coordinate with the Hostage Recovery Fu- 17 sion Cell proposals for diplomatic engagements and 18 strategy in support of hostage recovery efforts; 19 (4) provide senior representation from the Spe- 20 cial Envoy’s office to the Hostage Recovery Fusion 21 Cell established under section 4 and the Hostage Re- 22 sponse Group established under section 5; and 23 (5) in coordination with the Hostage Recovery 24 Fusion Cell as appropriate, coordinate diplomatic 25 engagements regarding cases in which a foreign gov- 26 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1611 IH ernment confirms that it has detained a United 1 States national but the United States Government 2 regards such detention as unlawful or wrongful. 3 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 4 (a) ESTABLISHMENT.—The President shall establish 5 an interagency Hostage Recovery Fusion Cell. 6 (b) PARTICIPATION.—The President shall direct the 7 heads of each of the following executive departments, 8 agencies, and offices to make available personnel to par- 9 ticipate in the Hostage Recovery Fusion Cell: 10 (1) The Department of State. 11 (2) The Department of the Treasury. 12 (3) The Department of Defense. 13 (4) The Department of Justice. 14 (5) The Office of the Director of National Intel- 15 ligence. 16 (6) The Federal Bureau of Investigation. 17 (7) The Central Intelligence Agency. 18 (8) Other agencies as the President, from time 19 to time, may designate. 20 (c) PERSONNEL.—The Hostage Recovery Fusion Cell 21 shall have— 22 (1) a Director, who shall be a full-time senior 23 officer or employee of the United States Govern- 24 ment; 25 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1611 IH (2) a Family Engagement Coordinator; and 1 (3) other officers and employees as deemed ap- 2 propriate by the President. 3 (d) DUTIES.—The Hostage Recovery Fusion Cell 4 shall— 5 (1) coordinate efforts by participating agencies 6 to ensure that all relevant information, expertise, 7 and resources are brought to bear to secure the safe 8 recovery of United States nationals held hostage 9 abroad; 10 (2) if directed, coordinate the United States 11 Government’s response to other hostage-takings oc- 12 curring abroad in which the United States has a na- 13 tional interest; and 14 (3) pursuant to policy guidance coordinated 15 through the National Security Council— 16 (A) identify and recommend hostage recov- 17 ery options and strategies to the President 18 through the National Security Council; 19 (B) coordinate efforts by participating 20 agencies to ensure that information regarding 21 hostage events, including potential recovery op- 22 tions and engagements with families and exter- 23 nal actors (including foreign governments), is 24 appropriately shared within the United States 25 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1611 IH Government to facilitate a coordinated response 1 to a hostage-taking; 2 (C) assess and track all hostage-takings of 3 United States nationals abroad and provide reg- 4 ular reports to the President on the status of 5 such cases and any measures being taken to- 6 ward the hostages’ safe recovery; 7 (D) provide a forum for intelligence shar- 8 ing and, with the support of the Director of Na- 9 tional Intelligence, coordinate the declassifica- 10 tion of relevant information; 11 (E) coordinate efforts by participating 12 agencies to provide appropriate support and as- 13 sistance to hostages and their families in a co- 14 ordinated and consistent manner and to provide 15 families with timely information regarding sig- 16 nificant events in their cases; 17 (F) make recommendations to agencies in 18 order to reduce the likelihood of United States 19 nationals’ being taken hostage abroad and en- 20 hance United States Government preparation to 21 maximize the probability of a favorable outcome 22 following a hostage-taking; and 23 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1611 IH (G) coordinate with agencies regarding 1 congressional, media, and other public inquiries 2 pertaining to hostage events. 3 SEC. 5. HOSTAGE RESPONSE GROUP. 4 (a) ESTABLISHMENT.—The President shall establish 5 a Hostage Response Group, to be convened on a regular 6 basis, as well as upon the request of the National Security 7 Council, to further the safe recovery of United States na- 8 tionals held abroad, and to be tasked with coordinating 9 the United States Government response to other hostage- 10 takings occurring abroad in which the United States has 11 a national interest. 12 (b) MEMBERSHIP.—The regular members of the Hos- 13 tage Response Group shall include the Director of the 14 Hostage Recovery Fusion Cell, the Hostage Recovery Fu- 15 sion Cell’s Family Engagement Coordinator, the Special 16 Envoy appointed pursuant to section 3, and representa- 17 tives from the Department of the Treasury, the Depart- 18 ment of Defense, the Department of Justice, the Federal 19 Bureau of Investigation, the Office of the Director of Na- 20 tional Intelligence, and other agencies as the President, 21 from time to time, may designate. 22 (c) DUTIES.—The Hostage Recovery Group shall— 23 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1611 IH (1) identify and recommend hostage recovery 1 options and strategies to the President through the 2 National Security Council; 3 (2) coordinate the development and implemen- 4 tation of United States hostage recovery policies, 5 strategies, and procedures; 6 (3) receive regular updates from the Hostage 7 Recovery Fusion Cell on the status of United States 8 nationals being held hostage abroad and measures 9 being taken to effect the hostages’ safe recovery; 10 (4) coordinate the provision of policy guidance 11 to the Hostage Recovery Fusion Cell, including re- 12 viewing recovery options proposed by the Hostage 13 Recovery Fusion Cell and working to resolve dis- 14 putes within the Hostage Recovery Fusion Cell; and 15 (5) where higher-level guidance is required, 16 make recommendations to the National Security 17 Council. 18 (d) MEETINGS.—The Hostage Response Group shall 19 meet regularly. 20 (e) REPORTING.—The Hostage Response Group shall 21 regularly provide recommendations on hostage recovery 22 options and strategies to the National Security Council. 23 VerDate Sep 11 2014 18:09 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1611.IH H1611 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1611 IH SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 1 (a) IN GENERAL.—The President may impose the 2 sanctions described in subsection (b) with respect to any 3 foreign person the President determines, based on credible 4 evidence— 5 (1) is responsible for or complicit in, or respon- 6 sible for ordering, controlling, or otherwise directing, 7 the unlawful or wrongful detention abroad of a 8 United States national; 9 (2) acts as an agent of or on behalf of a foreign 10 person in a matte [Text truncated for display. Full text available on Congress.gov.]