Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act

116TH CONGRESS 2D SESSION S. 712 AN ACT To provide assistance for United States nationals taken hos- tage 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 2 † S 712 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Robert Levinson Hos- 2 tage Recovery and Hostage-Taking Accountability Act’’. 3 SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UN- 4 LAWFULLY OR WRONGFULLY DETAINED 5 ABROAD. 6 (a) REVIEW.—The Secretary of State shall review the 7 cases of United States nationals detained abroad to deter- 8 mine if there is credible information that they are being 9 detained unlawfully or wrongfully, based on criteria which 10 may include whether— 11 (1) United States officials receive or possess 12 credible information indicating innocence of the de- 13 tained individual; 14 (2) the individual is being detained solely or 15 substantially because he or she is a United States 16 national; 17 (3) the individual is being detained solely or 18 substantially to influence United States Government 19 policy or to secure economic or political concessions 20 from the United States Government; 21 (4) the detention appears to be because the in- 22 dividual sought to obtain, exercise, defend, or pro- 23 mote freedom of the press, freedom of religion, or 24 the right to peacefully assemble; 25 3 † S 712 ES (5) the individual is being detained in violation 1 of the laws of the detaining country; 2 (6) independent nongovernmental organizations 3 or journalists have raised legitimate questions about 4 the innocence of the detained individual; 5 (7) the United States mission in the country 6 where the individual is being detained has received 7 credible reports that the detention is a pretext for an 8 illegitimate purpose; 9 (8) the individual is detained in a country 10 where the Department of State has determined in its 11 annual human rights reports that the judicial system 12 is not independent or impartial, is susceptible to cor- 13 ruption, or is incapable of rendering just verdicts; 14 (9) the individual is being detained in inhumane 15 conditions; 16 (10) due process of law has been sufficiently 17 impaired so as to render the detention arbitrary; and 18 (11) United States diplomatic engagement is 19 likely necessary to secure the release of the detained 20 individual. 21 (b) REFERRALS TO THE SPECIAL ENVOY.—Upon a 22 determination by the Secretary of State, based on the to- 23 tality of the circumstances, that there is credible informa- 24 tion that the detention of a United States national abroad 25 4 † S 712 ES is unlawful or wrongful, and regardless of whether the de- 1 tention is by a foreign government or a nongovernmental 2 actor, the Secretary shall transfer responsibility for such 3 case from the Bureau of Consular Affairs of the Depart- 4 ment of State to the Special Envoy for Hostage Affairs 5 created pursuant to section 3. 6 (c) REPORT.— 7 (1) ANNUAL REPORT.— 8 (A) IN GENERAL.—The Secretary of State 9 shall submit to the appropriate congressional 10 committees an annual report with respect to 11 United States nationals for whom the Secretary 12 determines there is credible information of un- 13 lawful or wrongful detention abroad. 14 (B) FORM.—The report required under 15 this paragraph shall be submitted in unclassi- 16 fied form, but may include a classified annex if 17 necessary. 18 (2) COMPOSITION.—The report required under 19 paragraph (1) shall include current estimates of the 20 number of individuals so detained, as well as rel- 21 evant information about particular cases, such as— 22 (A) the name of the individual, unless the 23 provision of such information is inconsistent 24 with section 552a of title 5, United States Code 25 5 † S 712 ES (commonly known as the ‘‘Privacy Act of 1 1974’’); 2 (B) basic facts about the case; 3 (C) a summary of the information that 4 such individual may be detained unlawfully or 5 wrongfully; 6 (D) a description of specific efforts, legal 7 and diplomatic, taken on behalf of the indi- 8 vidual since the last reporting period, including 9 a description of accomplishments and setbacks; 10 and 11 (E) a description of intended next steps. 12 (d) RESOURCE GUIDANCE.— 13 (1) ESTABLISHMENT.—Not later than 180 days 14 after the date of the enactment of this Act and after 15 consulting with relevant organizations that advocate 16 on behalf of United States nationals detained abroad 17 and the Family Engagement Coordinator established 18 pursuant to section 4(c)(2), the Secretary of State 19 shall provide resource guidance in writing for gov- 20 ernment officials and families of unjustly or wrong- 21 fully detained individuals. 22 (2) CONTENT.—The resource guidance required 23 under paragraph (1) should include— 24 6 † S 712 ES (A) information to help families under- 1 stand United States policy concerning the re- 2 lease of United States nationals unlawfully or 3 wrongfully held abroad; 4 (B) contact information for officials in the 5 Department of State or other government agen- 6 cies suited to answer family questions; 7 (C) relevant information about options 8 available to help families obtain the release of 9 unjustly or wrongfully detained individuals, 10 such as guidance on how families may engage 11 with United States diplomatic and consular 12 channels to ensure prompt and regular access 13 for the detained individual to legal counsel, 14 family members, humane treatment, and other 15 services; 16 (D) guidance on submitting public or pri- 17 vate letters from members of Congress or other 18 individuals who may be influential in securing 19 the release of an individual; and 20 (E) appropriate points of contacts, such as 21 legal resources and counseling services, who 22 have a record of assisting victims’ families. 23 7 † S 712 ES 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, who shall report to the Secretary of State. 4 (b) RANK.—The Special Envoy shall have the rank 5 and status of ambassador. 6 (c) RESPONSIBILITIES.—The Special Presidential 7 Envoy for Hostage Affairs shall— 8 (1) lead diplomatic engagement on United 9 States hostage policy; 10 (2) coordinate all diplomatic engagements and 11 strategy in support of hostage recovery efforts, in 12 coordination with the Hostage Recovery Fusion Cell 13 and consistent with policy guidance communicated 14 through the Hostage Response Group; 15 (3) in coordination with the Hostage Recovery 16 Fusion Cell as appropriate, coordinate diplomatic 17 engagements regarding cases in which a foreign gov- 18 ernment has detained a United States national and 19 the United States Government regards such deten- 20 tion as unlawful or wrongful; 21 (4) provide senior representation from the Spe- 22 cial Envoy’s office to the Hostage Recovery Fusion 23 Cell established under section 4 and the Hostage Re- 24 sponse Group established under section 5; and 25 8 † S 712 ES (5) ensure that families of United States na- 1 tionals unlawfully or wrongly detained abroad re- 2 ceive updated information about developments in 3 cases and government policy. 4 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 5 (a) ESTABLISHMENT.—The President shall establish 6 an interagency Hostage Recovery Fusion Cell. 7 (b) PARTICIPATION.—The President shall direct the 8 heads of each of the following executive departments, 9 agencies, and offices to make available personnel to par- 10 ticipate in the Hostage Recovery Fusion Cell: 11 (1) The Department of State. 12 (2) The Department of the Treasury. 13 (3) The Department of Defense. 14 (4) The Department of Justice. 15 (5) The Office of the Director of National Intel- 16 ligence. 17 (6) The Federal Bureau of Investigation. 18 (7) The Central Intelligence Agency. 19 (8) Other agencies as the President, from time 20 to time, may designate. 21 (c) PERSONNEL.—The Hostage Recovery Fusion Cell 22 shall include— 23 9 † S 712 ES (1) a Director, who shall be a full-time senior 1 officer or employee of the United States Govern- 2 ment; 3 (2) a Family Engagement Coordinator who 4 shall— 5 (A) work to ensure that all interactions by 6 executive branch officials with a hostage’s fam- 7 ily occur in a coordinated fashion and that the 8 family receives consistent and accurate informa- 9 tion from the United States Government; and 10 (B) if directed, perform the same function 11 as set out in subparagraph (A) with regard to 12 the family of a United States national who is 13 unlawfully or wrongfully detained abroad; and 14 (3) other officers and employees as deemed ap- 15 propriate by the President. 16 (d) DUTIES.—The Hostage Recovery Fusion Cell 17 shall— 18 (1) coordinate efforts by participating agencies 19 to ensure that all relevant information, expertise, 20 and resources are brought to bear to secure the safe 21 recovery of United States nationals held hostage 22 abroad; 23 (2) if directed, coordinate the United States 24 Government’s response to other hostage-takings oc- 25 10 † S 712 ES curring abroad in which the United States has a na- 1 tional interest; 2 (3) if directed, coordinate or assist the United 3 States Government’s response to help secure the re- 4 lease of United States nationals unlawfully or 5 wrongfully detained abroad; and 6 (4) pursuant to policy guidance coordinated 7 through the National Security Council— 8 (A) identify and recommend hostage recov- 9 ery options and strategies to the President 10 through the National Security Council or the 11 Deputies Committee of the National Security 12 Council; 13 (B) coordinate efforts by participating 14 agencies to ensure that information regarding 15 hostage events, including potential recovery op- 16 tions and engagements with families and exter- 17 nal actors (including foreign governments), is 18 appropriately shared within the United States 19 Government to facilitate a coordinated response 20 to a hostage-taking; 21 (C) assess and track all hostage-takings of 22 United States nationals abroad and provide reg- 23 ular reports to the President and Congress on 24 11 † S 712 ES the status of such cases and any measures 1 being taken toward the hostages’ safe recovery; 2 (D) provide a forum for intelligence shar- 3 ing and, with the support of the Director of Na- 4 tional Intelligence, coordinate the declassifica- 5 tion of relevant information; 6 (E) coordinate efforts by participating 7 agencies to provide appropriate support and as- 8 sistance to hostages and their families in a co- 9 ordinated and consistent manner and to provide 10 families with timely information regarding sig- 11 nificant events in their cases; 12 (F) make recommendations to agencies in 13 order to reduce the likelihood of United States 14 nationals’ being taken hostage abroad and en- 15 hance United States Government preparation to 16 maximize the probability of a favorable outcome 17 following a hostage-taking; and 18 (G) coordinate with agencies regarding 19 congressional, media, and other public inquiries 20 pertaining to hostage events. 21 (e) ADMINISTRATION.—The Hostage Recovery Fu- 22 sion Cell shall be located within the Federal Bureau of 23 Investigation for administrative purposes. 24 12 † S 712 ES SEC. 5. HOSTAGE RESPONSE GROUP. 1 (a) ESTABLISHMENT.—The President shall establish 2 a Hostage Response Group, chaired by a designated mem- 3 ber of the National Security Council or the Deputies Com- 4 mittee of the National Security Council, to be convened 5 on a regular basis, to further the safe recovery of United 6 States nationals held hostage abroad or unlawfully or 7 wrongfully detained abroad, and to be tasked with coordi- 8 nating the United States Government response to other 9 hostage-takings occurring abroad in which the United 10 States has a national interest. 11 (b) MEMBERSHIP.—The regular members of the Hos- 12 tage Response Group shall include the Director of the 13 Hostage Recovery Fusion Cell, the Hostage Recovery Fu- 14 sion Cell’s Family Engagement Coordinator, the Special 15 Envoy appointed pursuant to section 3, and representa- 16 tives from the Department of the Treasury, the Depart- 17 ment of Defense, the Department of Justice, the Federal 18 Bureau of Investigation, the Office of the Director of Na- 19 tional Intelligence, the Central Intelligence Agency, and 20 other agencies as the President, from time to time, may 21 designate. 22 (c) DUTIES.—The Hostage Recovery Group shall— 23 (1) identify and recommend hostage recovery 24 options and strategies to the President through the 25 National Security Council; 26 13 † S 712 ES (2) coordinate the development and implemen- 1 tation of United States hostage recovery policies, 2 strategies, and procedures; 3 (3) receive regular updates from the Hostage 4 Recovery Fusion Cell and the Special Envoy for 5 Hostage Affairs on the status of United States na- 6 tionals being held hostage or unlawfully or wrong- 7 fully detained abroad and measures being taken to 8 effect safe recoveries; 9 (4) coordinate the provision of policy guidance 10 to the Hostage Recovery Fusion Cell, including re- 11 viewing recovery options proposed by the Hostage 12 Recovery Fusion Cell and working to resolve dis- 13 putes within the Hostage Recovery Fusion Cell; 14 (5) as appropriate, direct the use of resources 15 at the Hostage Recovery Fusion Cell to coordinate 16 or assist in the safe recovery of United States na- 17 tionals unlawfully or wrongfully detained abroad; 18 and 19 (6) as appropriate, direct the use of resources 20 at the Hostage Recovery Fusion Cell to coordinate 21 the United States Government response to other 22 hostage-takings occurring abroad in which the 23 United States has a national interest. 24 14 † S 712 ES (d) MEETINGS.—The Hostage Response Group shall 1 meet regularly. 2 (e) REPORTING.—The Hostage Response Group shall 3 regularly provide recommendations on hostage recovery 4 options and strategies to the National Security Council. 5 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 6 (a) IN GENERAL.—The President may impose the 7 sanctions described in subsection (b) with respect to any 8 foreign person the President determines, based on credible 9 evidence— 10 (1) is responsible for or is complicit in, or re- 11 sponsible for ordering, controlling, or otherwise di- 12 recting, the hostage-taking of a United States na- 13 tional abroad or the unlawful or wrongful detention 14 of a United States national abroad; or 15 (2) knowingly provides financial, material, or 16 technological support for, or goods or service [Text truncated for display. Full text available on Congress.gov.]