,,ii #aafth ,,congress #ast ,session ,s4 #gab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjai ,mr4 ,menendez 7for himself1 ,mr4 ,rubio1 ,mr4 ,leahy1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide assistance for ,united ,states citizens and 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 citizens and nationals unlawfully or wrongfully detained abroad 7a7 ,review ,the ,secretary of ,state shall review the cases of citizens and nationals of the ,united ,states detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully1 based on criteria including whether-- 7#a7 the detained individual has presented credible information of factual innocence to ,united ,states officials2 7#b7 information exists that the individual is detained solely or substantially because he or she is a citizen or national of the ,united ,states2 7#c7 information exists that the individual is being detained in violation of internationally protected rights and freedoms1 such as freedom of expression1 association1 assembly1 and religion2 7#d7 the individual is being detained in violation of the laws of the detaining country2 7#e7 independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual2 7#f7 the ,united ,states embassy in the country where the individual is detained has received credible reports that the detention is a pretext2 7#g7 police reports show evidence of the lack of a credible investigation2 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 detained in inhumane conditions2 and 7#aj7 the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary4 7b7 ,referrals to the special envoy ,upon a determination by the ,secretary of ,state 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 non-governmental 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 ,biannual report ,with respect to ,united ,states nationals for whom the ,secretary determines there is credible information of unlawful or wrongful detention abroad1 the ,secretary shall submit a biannual report to the appropriate congressional committees4 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 manual 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 citizens and national detained abroad1 the ,secretary of ,state shall publish a resource manual for government officials and families of unjustly or wrongfully detained individuals4 7#b7 ,content ,the resource manual required under paragraph 7#a7 shall include suggested actions designed to obtain the release of unjustly or wrongfully detained individuals1 including-- 7,a7 acting through traditional 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,b7 sanctions tools including withholding assistance to the foreign government1 in cases where relevant1 and denying or revoking visas and freezing assets of individuals perpetrating the unjust or wrongful detention2 7,c7 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,d7 consulting with relevant legal and human rights organizations4 #c4 ,special ,envoy for ,hostage ,affairs 7a7 ,establishment ,there shall be a ,special ,presidential ,envoy for ,hostage ,affairs1 appointed by the ,president1 by and with the advice and consent of the ,senate1 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 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 coordinate with the ,hostage ,recovery ,fusion ,cell proposals for diplomatic engagements and strategy in support of hostage recovery efforts2 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 in coordination with the ,hostage ,recovery ,fusion ,cell as appropriate1 coordinate diplomatic engagements regarding cases in which a foreign government confirms that it has detained a ,united ,states national but the ,united ,states ,government regards such detention as unlawful or wrongful4 #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 have-- 7#a7 a ,director1 who shall be a full-time senior officer or employee of the ,united ,states ,government2 7#b7 a ,family ,engagement ,coordinator2 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 and 7#c7 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 ,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 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 #e4 ,hostage ,response ,group 7a7 ,establishment ,the ,president shall establish a ,hostage ,response ,group1 to be convened on a regular basis1 as well as upon the request of the ,national ,security ,council1 to further the safe recovery of ,united ,states nationals held 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 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 on the status of ,united ,states nationals being held hostage abroad and measures being taken to effect the hostages' safe recovery2 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 and 7#e7 where higher-level guidance is required1 make recommendations to the ,national ,security ,council4 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 complicit in1 or responsible for ordering1 controlling1 or otherwise directing1 the unlawful or wrongful detention abroad of a ,united ,states national2 7#b7 acts as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph 7#a72 or 7#c7 materially assists1 sponsors1 or 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 ,inadmissibility to united states 7,a7 ,in general ,in the case of a foreign person who is an individual-- 7i7 ineligibility to receive a visa to enter the ,united ,states or to be admitted to the ,united ,states2 or 7ii7 if the individual has been issued a visa or other documentation1 revocation1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of the visa or other documentation4 7,b7 ,exception to comply with united nations headquarters agreement and law enforcement objectives ,sanctions under subparagraph 7,a7 shall not apply to an individual if admitting the individual into the ,united ,states would further important law enforcement objectives or is necessary 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 obligations of the ,united ,states4 7#b7 ,blocking of property 7,a7 ,in general ,the blocking1 in accordance with the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 of all transactions in all property and interests in property of a foreign person 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 7,c7 ,exception relating to importation of goods 7i7 ,in general ,the authority to block and prohibit all transactions in all property and interests in property under subparagraph 7,a7 shall not include the authority to impose sanctions on the importation of goods4 7ii7 ,good ,in this subparagraph1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7c7 ,enforcement of blocking of property ,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 7d7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section with respect to a person if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the termination of the sanctions that-- 7#a7 credible 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 7e7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7f7 ,definitions ,in this section3 7#a7 ,foreign person ,the term foreign person has the meaning given that term in section #eie4cjd of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 7#b7 ,united states person ,the term ,united ,states person has the meaning given that term in section #eie4cae of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 #g4 ,definitions 7a7 ,definitions 7#a7 ,appropriate congressional committees ,in this ,act1 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