#aafth ,,congress #b;d ,session ,s4 #gab ,,an ,,act ,to provide assistance for ,united ,states nationals taken hostage or unlawfully or wrongfully detained abroad1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act4 #b4 ,assistance for ,united ,states nationals unlawfully or wrongfully detained abroad 7a7 ,review ,the ,secretary of ,state shall review the cases of ,united ,states nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully1 based on criteria which may include whether-- 7#a7 ,united ,states officials receive or possess credible information indicating innocence of the detained individual2 7#b7 the individual is being detained solely or substantially because he or she is a ,united ,states national2 7#c7 the individual is being detained solely or substantially to influence ,united ,states ,government policy or to secure economic or political concessions from the ,united ,states ,government2 7#d7 the detention appears to be because the individual sought to obtain1 exercise1 defend1 or promote freedom of the press1 freedom of religion1 or the right to peacefully assemble2 7#e7 the individual is being detained in violation of the laws of the detaining country2 7#f7 independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual2 7#g7 the ,united ,states mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose2 7#h7 the individual is detained in a country where the ,department of ,state has determined in its annual human rights reports that the judicial system is not independent or impartial1 is susceptible to corruption1 or is incapable of rendering just verdicts2 7#i7 the individual is being detained in inhumane conditions2 7#aj7 due process of law has been sufficiently impaired so as to render the detention arbitrary2 and 7#aa7 ,united ,states diplomatic engagement is likely necessary to secure the release of the detained individual4 7b7 ,referrals to the special envoy ,upon a determination by the ,secretary of ,state1 based on the totality of the circumstances1 that there is credible information that the detention of a ,united ,states national abroad is unlawful or wrongful1 and regardless of whether the detention is by a foreign government or a nongovernmental actor1 the ,secretary shall transfer responsibility for such case from the ,bureau of ,consular ,affairs of the ,department of ,state to the ,special ,envoy for ,hostage ,affairs created pursuant to section #c4 7c7 ,report 7#a7 ,annual report 7,a7 ,in general ,the ,secretary of ,state shall submit to the appropriate congressional committees an annual report with respect to ,united ,states nationals for whom the ,secretary determines there is credible information of unlawful or wrongful detention abroad4 7,b7 ,form ,the report required under this paragraph shall be submitted in unclassified form1 but may include a classified annex if necessary4 7#b7 ,composition ,the report required under paragraph 7#a7 shall include current estimates of the number of individuals so detained1 as well as relevant information about particular cases1 such as-- 7,a7 the name of the individual1 unless the provision of such information is inconsistent with section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 7,b7 basic facts about the case2 7,c7 a summary of the information that such individual may be detained unlawfully or wrongfully2 7,d7 a description of specific efforts1 legal and diplomatic1 taken on behalf of the individual since the last reporting period1 including a description of accomplishments and setbacks2 and 7,e7 a description of intended next steps4 7d7 ,resource guidance 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act and after consulting with relevant organizations that advocate on behalf of ,united ,states nationals detained abroad and the ,family ,engagement ,coordinator established pursuant to section #d7;c77#b71 the ,secretary of ,state shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals4 7#b7 ,content ,the resource guidance required under paragraph 7#a7 should include-- 7,a7 information to help families understand ,united ,states policy concerning the release of ,united ,states nationals unlawfully or wrongfully held abroad2 7,b7 contact information for officials in the ,department of ,state or other government agencies suited to answer family questions2 7,c7 relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals1 such as guidance on how families may engage with ,united ,states diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel1 family members1 humane treatment1 and other services2 7,d7 guidance on submitting public or private letters from members of ,congress or other individuals who may be influential in securing the release of an individual2 and 7,e7 appropriate points of contacts1 such as legal resources and counseling services1 who have a record of assisting victims' families4 #c4 ,special ,envoy for ,hostage ,affairs 7a7 ,establishment ,there shall be a ,special ,presidential ,envoy for ,hostage ,affairs1 appointed by the ,president1 who shall report to the ,secretary of ,state4 7b7 ,rank ,the ,special ,envoy shall have the rank and status of ambassador4 7c7 ,responsibilities ,the ,special ,presidential ,envoy for ,hostage ,affairs shall-- 7#a7 lead diplomatic engagement on ,united ,states hostage policy2 7#b7 coordinate all diplomatic engagements and strategy in support of hostage recovery efforts1 in coordination with the ,hostage ,recovery ,fusion ,cell and consistent with policy guidance communicated through the ,hostage ,response ,group2 7#c7 in coordination with the ,hostage ,recovery ,fusion ,cell as appropriate1 coordinate diplomatic engagements regarding cases in which a foreign government has detained a ,united ,states national and the ,united ,states ,government regards such detention as unlawful or wrongful2 7#d7 provide senior representation from the ,special ,envoy's office to the ,hostage ,recovery ,fusion ,cell established under section #d and the ,hostage ,response ,group established under section #e2 and 7#e7 ensure that families of ,united ,states nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy4 #d4 ,hostage ,recovery ,fusion ,cell 7a7 ,establishment ,the ,president shall establish an interagency ,hostage ,recovery ,fusion ,cell4 7b7 ,participation ,the ,president shall direct the heads of each of the following executive departments1 agencies1 and offices to make available personnel to participate in the ,hostage ,recovery ,fusion ,cell3 7#a7 ,the ,department of ,state4 7#b7 ,the ,department of the ,treasury4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,department of ,justice4 7#e7 ,the ,office of the ,director of ,national ,intelligence4 7#f7 ,the ,federal ,bureau of ,investigation4 7#g7 ,the ,central ,intelligence ,agency4 7#h7 ,other agencies as the ,president1 from time to time1 may designate4 7c7 ,personnel ,the ,hostage ,recovery ,fusion ,cell shall include-- 7#a7 a ,director1 who shall be a full-time senior officer or employee of the ,united ,states ,government2 7#b7 a ,family ,engagement ,coordinator who shall-- 7,a7 work to ensure that all interactions by executive branch officials with a hostage's family occur in a coordinated fashion and that the family receives consistent and accurate information from the ,united ,states ,government2 and 7,b7 if directed1 perform the same function as set out in subparagraph 7,a7 with regard to the family of a ,united ,states national who is unlawfully or wrongfully detained abroad2 and 7#c7 other officers and employees as deemed appropriate by the ,president4 7d7 ,duties ,the ,hostage ,recovery ,fusion ,cell shall-- 7#a7 coordinate efforts by participating agencies to ensure that all relevant information1 expertise1 and resources are brought to bear to secure the safe recovery of ,united ,states nationals held hostage abroad2 7#b7 if directed1 coordinate the ,united ,states ,government's response to other hostage-takings occurring abroad in which the ,united ,states has a national interest2 7#c7 if directed1 coordinate or assist the ,united ,states ,government's response to help secure the release of ,united ,states nationals unlawfully or wrongfully detained abroad2 and 7#d7 pursuant to policy guidance coordinated through the ,national ,security ,council-- 7,a7 identify and recommend hostage recovery options and strategies to the ,president through the ,national ,security ,council or the ,deputies ,committee of the ,national ,security ,council2 7,b7 coordinate efforts by participating agencies to ensure that information regarding hostage events1 including potential recovery options and engagements with families and external actors 7including foreign governments71 is appropriately shared within the ,united ,states ,government to facilitate a coordinated response to a hostage-taking2 7,c7 assess and track all hostage-takings of ,united ,states nationals abroad and provide regular reports to the ,president and ,congress on the status of such cases and any measures being taken toward the hostages' safe recovery2 7,d7 provide a forum for intelligence sharing and1 with the support of the ,director of ,national ,intelligence1 coordinate the declassification of relevant information2 7,e7 coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases2 7,f7 make recommendations to agencies in order to reduce the likelihood of ,united ,states nationals' being taken hostage abroad and enhance ,united ,states ,government preparation to maximize the probability of a favorable outcome following a hostage-taking2 and 7,g7 coordinate with agencies regarding congressional1 media1 and other public inquiries pertaining to hostage events4 7e7 ,administration ,the ,hostage ,recovery ,fusion ,cell shall be located within the ,federal ,bureau of ,investigation for administrative purposes4 #e4 ,hostage ,response ,group 7a7 ,establishment ,the ,president shall establish a ,hostage ,response ,group1 chaired by a designated member of the ,national ,security ,council or the ,deputies ,committee of the ,national ,security ,council1 to be convened on a regular basis1 to further the safe recovery of ,united ,states nationals held hostage abroad or unlawfully or wrongfully detained abroad1 and to be tasked with coordinating the ,united ,states ,government response to other hostage-takings occurring abroad in which the ,united ,states has a national interest4 7b7 ,membership ,the regular members of the ,hostage ,response ,group shall include the ,director of the ,hostage ,recovery ,fusion ,cell1 the ,hostage ,recovery ,fusion ,cell's ,family ,engagement ,coordinator1 the ,special ,envoy appointed pursuant to section #c1 and representatives from the ,department of the ,treasury1 the ,department of ,defense1 the ,department of ,justice1 the ,federal ,bureau of ,investigation1 the ,office of the ,director of ,national ,intelligence1 the ,central ,intelligence ,agency1 and other agencies as the ,president1 from time to time1 may designate4 7c7 ,duties ,the ,hostage ,recovery ,group shall-- 7#a7 identify and recommend hostage recovery options and strategies to the ,president through the ,national ,security ,council2 7#b7 coordinate the development and implementation of ,united ,states hostage recovery policies1 strategies1 and procedures2 7#c7 receive regular updates from the ,hostage ,recovery ,fusion ,cell and the ,special ,envoy for ,hostage ,affairs on the status of ,united ,states nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries2 7#d7 coordinate the provision of policy guidance to the ,hostage ,recovery ,fusion ,cell1 including reviewing recovery options proposed by the ,hostage ,recovery ,fusion ,cell and working to resolve disputes within the ,hostage ,recovery ,fusion ,cell2 7#e7 as appropriate1 direct the use of resources at the ,hostage ,recovery ,fusion ,cell to coordinate or assist in the safe recovery of ,united ,states nationals unlawfully or wrongfully detained abroad2 and 7#f7 as appropriate1 direct the use of resources at the ,hostage ,recovery ,fusion ,cell to coordinate the ,united ,states ,government response to other hostage-takings occurring abroad in which the ,united ,states has a national interest4 7d7 ,meetings ,the ,hostage ,response ,group shall meet regularly4 7e7 ,reporting ,the ,hostage ,response ,group shall regularly provide recommendations on hostage recovery options and strategies to the ,national ,security ,council4 #f4 ,authorization of imposition of sanctions 7a7 ,in general ,the ,president may impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines1 based on credible evidence-- 7#a7 is responsible for or is complicit in1 or responsible for ordering1 controlling1 or otherwise directing1 the hostage-taking of a ,united ,states national abroad or the unlawful or wrongful detention of a ,united ,states national abroad2 or 7#b7 knowingly provides financial1 material1 or technological support for1 or goods or services in support of1 an activity described in paragraph 7#a74 7b7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien described in subsection 7a7 may be-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,an alien described in subsection 7a7 may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 may-- 7,i7 take effect immediately2 and 7,,ii7 cancel any other valid visa or entry documentation that is in the alien's possession4 7#b7 ,blocking of property 7,a7 ,in general ,the ,president may exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this section4 7c7 ,exceptions 7#a7 ,exception for intelligence activities ,sanctions under this section shall not apply to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception to comply with international obligations and for law enforcement activities ,sanctions under subsection 7b77#a7 shall not apply with respect to an alien if admitting or paroling the alien into the ,united ,states is necessary-- 7,a7 to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations2 or 7,b7 to carry out or assist law enforcement activity in the ,united ,states4 7#c7 ,exception relating to importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions authorized under subsection 7b77#b7 shall not include the authority or a requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7d7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#b7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7e7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section with respect to a person if the ,president determines that-- 7#a7 information exists that the person did not engage in the activity for which sanctions were imposed2 7#b7 the person has been prosecuted appropriately for the activity for which sanctions were imposed2 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activity for which sanctions were imposed1 and has credibly committed to not engage in an activity described in subsection 7a7 in the future2 or 7#d7 the termination of the sanctions is in the national security interests of the ,united ,states4 7f7 ,reporting requirement ,if the ,president terminates sanctions pursuant to subsection 7d71 the ,president shall report to the appropriate congressional committees a written justification for such termination within #ae days4 7g7 ,implementation of regulatory authority ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7h7 ,definitions ,in this section3 7#a7 ,foreign person ,the term foreign person means-- 7,a7 any citizen or national of a foreign country 7including any such individual who is also a citizen or national of the ,united ,states72 or 7,b7 any entity not organized solely under the laws of the ,united ,states or existing solely in the ,united ,states4 7#b7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #g4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,united ,states ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 the ,committee on ,financial ,services1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,united ,states national ,the term ,united ,states national means-- 7,a7 a ,united ,states national as defined in section #aja7;a77#bb7 or section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb71 #h ,u4,s4,c4 #adjh72 and 7,b7 a lawful permanent resident alien with significant ties to the ,united ,states4 #h4 ,rule of construction ,nothing in this ,act shall be construed to authorize a private right of action4 ,passed the ,senate ,june #ae1 #bjbj4,secretary