Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act

II 116TH CONGRESS 2D SESSION S. 5074 To provide assistance for United States citizens and nationals taken hostage or unlawfully or wrongfully detained abroad, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2020 Mr. MENENDEZ introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 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 SEC. 2. ASSISTANCE FOR UNITED STATES NATIONALS UN- 6 LAWFULLY OR WRONGFULLY DETAINED 7 ABROAD. 8 (a) REVIEW.—The Secretary of State shall review the 9 cases of United States nationals detained abroad to deter- 10 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 2 •S 5074 IS mine if there is credible information that they are being 1 detained unlawfully or wrongfully, based on criteria which 2 may include whether— 3 (1) United States officials receive or possess 4 credible information indicating innocence of the de- 5 tained individual; 6 (2) the individual is being detained solely or 7 substantially because he or she is a United States 8 national; 9 (3) the individual is being detained solely or 10 substantially to influence United States Government 11 policy or to secure economic or political concessions 12 from the United States Government; 13 (4) the detention appears to be because the in- 14 dividual sought to obtain, exercise, defend, or pro- 15 mote freedom of the press, freedom of religion, or 16 the right to peacefully assemble; 17 (5) the individual is being detained in violation 18 of the laws of the detaining country; 19 (6) independent nongovernmental organizations 20 or journalists have raised legitimate questions about 21 the innocence of the detained individual; 22 (7) the United States mission in the country 23 where the individual is being detained has received 24 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 3 •S 5074 IS credible reports that the detention is a pretext for an 1 illegitimate purpose; 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 being detained in inhumane 8 conditions; 9 (10) due process of law has been sufficiently 10 impaired so as to render the detention arbitrary; and 11 (11) United States diplomatic engagement is 12 likely necessary to secure the release of the detained 13 individual. 14 (b) REFERRALS TO THE SPECIAL ENVOY.—Upon a 15 determination by the Secretary of State, based on the to- 16 tality of the circumstances, that there is credible informa- 17 tion that the detention of a United States national abroad 18 is unlawful or wrongful, and regardless of whether the de- 19 tention is by a foreign government or a nongovernmental 20 actor, the Secretary shall transfer responsibility for such 21 case from the Bureau of Consular Affairs of the Depart- 22 ment of State to the Special Envoy for Hostage Affairs 23 created pursuant to section 3. 24 (c) REPORT.— 25 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 4 •S 5074 IS (1) ANNUAL REPORT.— 1 (A) IN GENERAL.—The Secretary of State 2 shall submit to the appropriate congressional 3 committees an annual report with respect to 4 United States nationals for whom the Secretary 5 determines there is credible information of un- 6 lawful or wrongful detention abroad. 7 (B) FORM.—The report required under 8 this paragraph shall be submitted in unclassi- 9 fied form, but may include a classified annex if 10 necessary. 11 (2) COMPOSITION.—The report required under 12 paragraph (1) shall include current estimates of the 13 number of individuals so detained, as well as rel- 14 evant information about particular cases, such as— 15 (A) the name of the individual, unless the 16 provision of such information is inconsistent 17 with section 552a of title 5, United States Code 18 (commonly known as the ‘‘Privacy Act of 19 1974’’); 20 (B) basic facts about the case; 21 (C) a summary of the information that 22 such individual may be detained unlawfully or 23 wrongfully; 24 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 5 •S 5074 IS (D) a description of specific efforts, legal 1 and diplomatic, taken on behalf of the indi- 2 vidual since the last reporting period, including 3 a description of accomplishments and setbacks; 4 and 5 (E) a description of intended next steps. 6 (d) RESOURCE GUIDANCE.— 7 (1) ESTABLISHMENT.—Not later than 180 days 8 after the date of the enactment of this Act and after 9 consulting with relevant organizations that advocate 10 on behalf of United States nationals detained abroad 11 and the Family Engagement Coordinator established 12 pursuant to section 4(c)(2), the Secretary of State 13 shall provide resource guidance in writing for gov- 14 ernment officials and families of unjustly or wrong- 15 fully detained individuals. 16 (2) CONTENT.—The resource guidance required 17 under paragraph (1) should include— 18 (A) information to help families under- 19 stand United States policy concerning the re- 20 lease of United States nationals unlawfully or 21 wrongfully held abroad; 22 (B) contact information for officials in the 23 Department of State or other government agen- 24 cies suited to answer family questions; 25 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 6 •S 5074 IS (C) relevant information about options 1 available to help families obtain the release of 2 unjustly or wrongfully detained individuals, 3 such as guidance on how families may engage 4 with United States diplomatic and consular 5 channels to ensure prompt and regular access 6 for the detained individual to legal counsel, 7 family members, humane treatment, and other 8 services; 9 (D) guidance on submitting public or pri- 10 vate letters from members of Congress or other 11 individuals who may be influential in securing 12 the release of an individual; and 13 (E) appropriate points of contacts, such as 14 legal resources and counseling services, who 15 have a record of assisting victims’ families. 16 SEC. 3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. 17 (a) ESTABLISHMENT.—There shall be a Special Pres- 18 idential Envoy for Hostage Affairs, who shall be appointed 19 by the President, by and with the advice and consent of 20 the Senate, and shall report to the Secretary of State. 21 (b) RANK.—The Special Envoy shall have the rank 22 and status of ambassador. 23 (c) RESPONSIBILITIES.—The Special Presidential 24 Envoy for Hostage Affairs shall— 25 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 7 •S 5074 IS (1) lead diplomatic engagement on United 1 States hostage policy; 2 (2) coordinate all diplomatic engagements and 3 strategy in support of hostage recovery efforts, in 4 coordination with the Hostage Recovery Fusion Cell 5 and consistent with policy guidance communicated 6 through the Hostage Response Group; 7 (3) in coordination with the Hostage Recovery 8 Fusion Cell as appropriate, coordinate diplomatic 9 engagements regarding cases in which a foreign gov- 10 ernment has detained a United States national and 11 the United States Government regards such deten- 12 tion as unlawful or wrongful; 13 (4) provide senior representation from the Spe- 14 cial Envoy’s office to the Hostage Recovery Fusion 15 Cell established under section 4 and the Hostage Re- 16 sponse Group established under section 5; and 17 (5) ensure that families of United States na- 18 tionals unlawfully or wrongly detained abroad re- 19 ceive updated information about developments in 20 cases and government policy. 21 SEC. 4. HOSTAGE RECOVERY FUSION CELL. 22 (a) ESTABLISHMENT.—The President shall establish 23 an interagency Hostage Recovery Fusion Cell. 24 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 8 •S 5074 IS (b) PARTICIPATION.—The President shall direct the 1 heads of each of the following executive departments, 2 agencies, and offices to make available personnel to par- 3 ticipate in the Hostage Recovery Fusion Cell: 4 (1) The Department of State. 5 (2) The Department of the Treasury. 6 (3) The Department of Defense. 7 (4) The Department of Justice. 8 (5) The Office of the Director of National Intel- 9 ligence. 10 (6) The Federal Bureau of Investigation. 11 (7) The Central Intelligence Agency. 12 (8) Other agencies as the President, from time 13 to time, may designate. 14 (c) PERSONNEL.—The Hostage Recovery Fusion Cell 15 shall include— 16 (1) a Director, who shall be a full-time senior 17 officer or employee of the United States Govern- 18 ment; 19 (2) a Family Engagement Coordinator who 20 shall— 21 (A) work to ensure that all interactions by 22 executive branch officials with a hostage’s fam- 23 ily occur in a coordinated fashion and that the 24 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 9 •S 5074 IS family receives consistent and accurate informa- 1 tion from the United States Government; and 2 (B) if directed, perform the same function 3 as set out in subparagraph (A) with regard to 4 the family of a United States national who is 5 unlawfully or wrongfully detained abroad; and 6 (3) other officers and employees as deemed ap- 7 propriate by the President. 8 (d) DUTIES.—The Hostage Recovery Fusion Cell 9 shall— 10 (1) coordinate efforts by participating agencies 11 to ensure that all relevant information, expertise, 12 and resources are brought to bear to secure the safe 13 recovery of United States nationals held hostage 14 abroad; 15 (2) if directed, coordinate the United States 16 Government’s response to other hostage-takings oc- 17 curring abroad in which the United States has a na- 18 tional interest; 19 (3) if directed, coordinate or assist the United 20 States Government’s response to help secure the re- 21 lease of United States nationals unlawfully or 22 wrongfully detained abroad; and 23 (4) pursuant to policy guidance coordinated 24 through the National Security Council— 25 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 10 •S 5074 IS (A) identify and recommend hostage recov- 1 ery options and strategies to the President 2 through the National Security Council or the 3 Deputies Committee of the National Security 4 Council; 5 (B) coordinate efforts by participating 6 agencies to ensure that information regarding 7 hostage events, including potential recovery op- 8 tions and engagements with families and exter- 9 nal actors (including foreign governments), is 10 appropriately shared within the United States 11 Government to facilitate a coordinated response 12 to a hostage-taking; 13 (C) assess and track all hostage-takings of 14 United States nationals abroad and provide reg- 15 ular reports to the President and Congress on 16 the status of such cases and any measures 17 being taken toward the hostages’ safe recovery; 18 (D) provide a forum for intelligence shar- 19 ing and, with the support of the Director of Na- 20 tional Intelligence, coordinate the declassifica- 21 tion of relevant information; 22 (E) coordinate efforts by participating 23 agencies to provide appropriate support and as- 24 sistance to hostages and their families in a co- 25 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 11 •S 5074 IS ordinated and consistent manner and to provide 1 families with timely information regarding sig- 2 nificant events in their cases; 3 (F) make recommendations to agencies in 4 order to reduce the likelihood of United States 5 nationals’ being taken hostage abroad and en- 6 hance United States Government preparation to 7 maximize the probability of a favorable outcome 8 following a hostage-taking; and 9 (G) coordinate with agencies regarding 10 congressional, media, and other public inquiries 11 pertaining to hostage events. 12 (e) ADMINISTRATION.—The Hostage Recovery Fu- 13 sion Cell shall be located within the Federal Bureau of 14 Investigation for administrative purposes. 15 SEC. 5. HOSTAGE RESPONSE GROUP. 16 (a) ESTABLISHMENT.—The President shall establish 17 a Hostage Response Group, chaired by a designated mem- 18 ber of the National Security Council or the Deputies Com- 19 mittee of the National Security Council, to be convened 20 on a regular basis, to further the safe recovery of United 21 States nationals held hostage abroad or unlawfully or 22 wrongfully detained abroad, and to be tasked with coordi- 23 nating the United States Government response to other 24 VerDate Sep 11 2014 00:06 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5074.IS S5074 kjohnson on DSK79L0C42PROD with BILLS 12 •S 5074 IS hostage-takings occurring abroad in which the United 1 States has a national interest. 2 (b) MEMBERSHIP.—The regular members of the Hos- 3 tage Response Group shall include the Director of the 4 Hostage Recovery Fusion Cell, the Hostage Recovery Fu- 5 sion Cell’s Family Engagement Coordinator, the Special 6 Envoy appointed pursuant to section 3, and representa- 7 tives from the Department of the Treasury, the Depart- 8 ment of Defense, the Department of Justice, the Federal 9 Bureau of Investigation, the Office of the Director of Na- 10 tional Intelligence, the Central Intelligence Agency, and 11 other agencies as the President, from time to time, may 12 designate. 13 (c) DUTIES.—The Hostage Recovery Group shall— 14 (1) identify and recommend hostage recovery 15 options and strategies to the President thr [Text truncated for display. 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