,,ii #aahth ,,congress #b;d ,session ,s4 #ecdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjbd,mr4 ,coons 7for himself and ,mr4 ,risch7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide the ,united ,states ,government with additional tools to deter state and non-state actors from wrongfully detaining ,united ,states nationals for political leverage1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,countering ,wrongful ,detention ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,deterring and preventing unlawful or wrongful detention,sec4 #aja4 ,designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention4,sec4 #ajb4 ,options and strategies for reducing likelihood of ,united ,states nationals being unlawfully or wrongfully detained or taken hostage4,sec4 #ajc4 ,additional funding for sanctions implementation4,sec4 #ajd4 ,enhancing ,united ,states travel advisories4,sec4 #aje4 ,required certification regarding international travel advisories4,sec4 #ajf4 ,privacy ,act written consent and passport renewals4,,title ,,ii--,strengthening processes and services for hostages and unlawful or wrongful detainees,sec4 #bja4 ,timeline for unlawful or wrongful detention determinations4,sec4 #bjb4 ,declarations of invalidity4,sec4 #bjc4 ,advisory ,council on ,hostage ,taking and ,unlawful or ,wrongful ,detention4,sec4 #bjd4 ,chairmanship of the ,hostage ,response ,group4 ,i ,deterring and preventing unlawful or wrongful detention #aja4 ,designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention ,the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda et seq47 is amended by inserting after section #cjf the following3 #cjf;,a4 ,designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention 7a7 ,in general ,the ,secretary of ,state1 in consultation with the heads of other relevant ,federal agencies1 may designate a foreign country that has provided support for or directly engaged in the unlawful or wrongful detention of a ,united ,states national as a ,state ,sponsor of ,unlawful or ,wrongful ,detention based on any of the following criteria3 7#a7 ,the unlawful or wrongful detention of a ,united ,states national occurs in the foreign country4 7#b7 ,the government of the foreign country has failed to release an unlawfully or wrongfully detained ,united ,states national after having been notified by the ,department of ,state4 7#c7 ,actions taken by the government of the foreign country indicate that the government is responsible for1 complicit in1 or materially supports the unlawful or wrongful detention of a ,united ,states national1 including by acting as described in paragraph 7#b7 after having been notified by the ,department of ,state4 7#d7 ,the actions of a state or nonstate actor in the foreign country1 including any previous action relating to unlawful or wrongful detention or hostage taking of a ,united ,states national1 pose a risk to the safety and security of ,united ,states nationals abroad sufficient to warrant designation of the foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention1 as determined by the ,secretary4 7b7 ,termination of designation ,the ,secretary may terminate the designation of a foreign country under subsection 7a7 if the ,secretary certifies to ,congress that the government of the foreign country-- 7#a7 has released the ,united ,states nationals unlawfully or wrongfully detained within the territory of the foreign country2 7#b7 has positively contributed to the release of ,united ,states nationals taken hostage within the territory of the foreign country or from the custody of a nonstate entity2 7#c7 has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking2 or 7#d7 has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection 7a74 7c7 ,briefing and reports to ,congress2 publication 7#a7 ,reports to ,congress 7,a7 ,in general ,the ,secretary shall submit to ,congress a report on-- 7i7 each designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention under subsection 7a7 not later than #e days after such designation is made2 and 7ii7 each termination of a designation under subsection 7b7 not later than #cj days after such termination is made4 7,b7 ,elements 7i7 ,designation report ,in each report submitted under subparagraph 7,a77i7 with respect to the designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention1 the ,secretary shall include-- 7,i7 the justification for the designation2 and 7,,ii7 a description of any action taken by the ,united ,states ,government1 including the ,secretary of ,state or the head of any other relevant ,federal agency1 in response to the designation to deter the unlawful or wrongful detention or hostage-taking of foreign nationals in the country4 7ii7 ,termination report ,in each report submitted under clause 7i77,,ii7 with respect to the termination of a designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention1 the ,secretary shall provide the justification for the termination1 including the factor described in subsection 7b7 that supports the termination4 7#b7 ,briefing required ,not later than #fj days after the date of the enactment of this section1 the ,secretary shall brief ,congress on the following3 7,a7 ,whether any of the following countries should be designated as a ,state ,sponsor of ,unlawful or ,wrongful ,detention under subsection 7a73 7i7 ,afghanistan4 7ii7 ,eritrea4 7iii7 ,the ,islamic ,republic of ,iran4 7iv7 ,the ,people's ,republic of ,china4 7v7 ,the ,russian ,federation4 7vi7 ,syria4 7vii7 ,venezuela under the regime of ,nicols ,maduro4 7,b7 ,the steps taken by the ,secretary of ,state and the heads of other relevant ,federal agencies to deter the unlawful and wrongful detention of ,united ,states nationals and to respond to such detentions1 including-- 7i7 any engagement with private sector search engine companies to optimize the distribution of travel advisories2 and 7ii7 any engagement with private tourism companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of ,united ,states nationals4 7,c7 ,an assessment of a possible expansion of chapter #ig of title #bh1 ,united ,states ,code 7commonly known as the ,foreign ,sovereign ,immunities ,act of #aigf7 to include an exception from asset seizure immunity for ,state ,sponsors of ,unlawful or ,wrongful ,detention4 7,d7 ,a detailed plan on the manner by which a geographic travel restriction could be instituted against ,state ,sponsors of ,unlawful or ,wrongful ,detention4 7,e7 ,the progress made in multilateral fora1 including the ,united ,nations and other international organizations1 to address the unlawful and wrongful detention of ,united ,states nationals1 in addition to nationals of partners and allies of the ,united ,states in foreign countries4 7#c7 ,briefing ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,assistant ,secretary of ,state for ,consular ,affairs and the ,special ,presidential ,envoy for ,hostage ,affairs shall brief the appropriate congressional committees on the countries listed under paragraph 7#b77;,a7 and actions taken by the ,secretary of ,state and the heads of other relevant ,federal agencies to deter the wrongful detention of ,united ,states nationals1 including any steps taken in accordance with paragraph 7#b77;,b74 7#d7 ,publication ,the ,secretary shall make available on a publicly accessible website of the ,department of ,state1 and regularly update1 a list of foreign countries designated as ,state ,sponsors of ,unlawful or ,wrongful ,detention under subsection 7a74 7d7 ,review of available responses to state sponsors of unlawful or wrongful detention ,upon designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention under subsection 7a71 the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall conduct a comprehensive review of the use of existing authorities to respond to and deter the unlawful or wrongful detention of ,united ,states nationals in the foreign country1 including-- 7#a7 sanctions available under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 7#b7 visa restrictions available under section #gjca7;c7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbd 7division ,f of ,public ,law #aah-dg2 #h ,u4,s4,c4 #aahb note7 or any other provision of ,federal law2 7#c7 sanctions available under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 7#d7 imposition of a geographic travel restriction on citizens of the ,united ,states2 7#e7 restrictions on assistance provided to the government of the country under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 or any other provision of ,federal law2 7#f7 restrictions on the export of certain goods to the country under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq471 or any other ,federal law2 and 7#g7 designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7,b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other provision of law4 7e7 ,rule of ,construction ,nothing in this section shall be construed to imply that the ,united ,states ,government formally recognizes any particular country or the government of such country as legitimate4 4 #ajb4 ,options and strategies for reducing likelihood of ,united ,states nationals being unlawfully or wrongfully detained or taken hostage ,the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda et seq47 is amended by inserting after section #cje the following3 #cje;,a4 ,report on strategies for reducing likelihood of ,united ,states nationals being unlawfully or wrongfully detained or taken hostage ,not later than #fj days after the date of the enactment of the ,countering ,wrongful ,detention ,act of #bjbd1 the ,special ,presidential ,envoy for ,hostage ,affairs1 in coordination with the ,hostage ,recovery ,fusion ,cell1 the ,hostage ,response ,group1 and relevant agencies1 as appropriate1 shall submit to the ,president and the appropriate congressional committees a report that identifies and recommends options and strategies to reduce the likelihood of ,united ,states nationals being unlawfully or wrongfully detained abroad or taken hostage4 4 #ajc4 ,additional funding for sanctions implementation ,there are authorized to be appropriated to the ,secretary of ,state and the ,secretary of the ,treasury for fiscal year #bjbf #b1jjj1jjj to implement the sanctions authorities provided by section #cjf of the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda;d7 and ,executive ,order #adjgh 7#bb ,u4,s4,c4 #agda note prec42 relating to bolstering efforts to bring hostages and wrongfully detained ,united ,states nationals home74 #ajd4 ,enhancing ,united ,states travel advisories 7a7 ,authorization of ,appropriations ,there is authorized to be appropriated #b1jjj1jjj to the ,assistant ,secretary of ,state for ,consular ,affairs to expend on travel advisory advertisement campaigns regarding travel made by ,united ,states nationals to countries under ,level #d ,do ,not ,travel advisories issued by the ,department of ,state ,travel ,advisory ,system4 7b7 ,briefing ,if less than the #b1jjj1jjj authorized in subsection 7a7 is expended on travel advisory advertisement campaigns during fiscal year #bjbe1 the ,assistant ,secretary of ,state for ,consular ,affairs shall brief ,congress on the justification of the amount expended for such purpose4 #aje4 ,required certification regarding international travel advisories 7a7 ,in general ,chapter #dbc of title #di1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dbcji4 ,required certification regarding international travel advisories 7a7 ,in general ,an air carrier1 foreign air carrier1 or ticket agent who sells1 in the ,united ,states1 a ticket for foreign air transportation of a passenger to a country or other geographic area with a ,d or ,k indicator issued by the ,department of ,state ,travel ,advisory ,system shall require the passenger listed on the ticket to certify that the passenger-- 7#a7 has reviewed the travel advisory of the ,department of ,state applicable to such country or other geographic area2 and 7#b7 understands the risks involved with traveling to such country or other geographic area4 7b7 ,definitions ,for purposes of this section3 7#a7 ,d indicator ,the term ,d indicator means a travel advisory issued by the ,department of ,state that indicates a risk of wrongful detention of a ,united ,states national4 7#b7 ,k indicator ,the term ,k indicator means a travel advisory issued by the ,department of ,state that indicates a criminal or terrorist individual or group has threatened to seize1 detain1 kill1 or injure individuals 7or has seized1 detained1 killed1 or injured individuals7 to compel a third party 7including a governmental organization7 to meet certain requirements as a condition of release4 4 7b7 ,clerical amendment ,the analysis for chapter #dbc of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dbcjh the following3 #dbcji4 ,required certification regarding international travel advisories4 4 #ajf4 ,privacy ,act written consent and passport renewals 7a7 ,requirement ,to include travel advisory information on ,united ,states passports ,section #fajc of the ,department of ,state ,authorization ,act of #bjbc 7division ,f of ,public ,law #aah-ca2 #bb ,u4,s4,c4 #baa;a note7 is amended1 in the matter preceding paragraph 7#a71 by striking should and inserting shall4 7b7 ,inclusion of ,privacy ,act written consent form in passport application ,section #a of title ,,ix of the ,act of ,june #ae1 #aiag 7#bb ,u4,s4,c4 #bac7 is amended by adding at the end the following3 ,each passport application made available to potential applicants 7,,ds-#aa7 and each passport renewal application made available to current passport holders 7,,ds-#hb7 shall include a form that1 if completed1 indicates the applicant's consent for the disclosure of information otherwise protected under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd7 in the event such applicant is determined to be unlawfully or wrongfully detained by a foreign government4 ,declining to complete such form shall not impact the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a ,united ,states national from the custody of a foreign government or entity44 ,,ii ,strengthening processes and services for hostages and unlawful or wrongful detainees #bja4 ,timeline for unlawful or wrongful detention determinations ,section #cjb of the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda7 is amended-- 7#a7 in subsection 7d77#h71 by striking ,in this subsection and inserting ,in this section2 and 7#b7 by adding at the end the following3 7e7 ,timeline for unlawful or wrongful detention determinations 7#a7 ,credible information determinations 7,a7 ,in general ,not less frequently than every #ahj days1 the ,assistant ,secretary of ,state for ,consular ,affairs and the ,special ,presidential ,envoy for ,hostage ,affairs shall review the cases1 identified through official government channels to either bureau1 for which there is potential credible information that a ,united ,states national is being unlawfully or wrongfully detained abroad4 7,b7 ,report of findings ,not later than #cj days after each review under subparagraph 7,a71 the ,assistant ,secretary of ,state for ,consular ,affairs and the ,special ,presidential ,envoy for ,hostage ,affairs shall jointly submit to ,congress a classified report identifying each ,united ,states national whose case was reviewed under subparagraph 7,a7 but who has not1 as of the date of the submission of the report1 been determined by the ,secretary to be unlawfully or wrongfully detained under subsection 7a74 7,c7 ,notification to family members ,not later than #cj days after the date of the submission of the report under subparagraph 7,b71 the ,assistant ,secretary of ,state for ,consular ,affairs shall notify a family member or legal representative of each ,united ,states national identified in the report4 7#b7 ,status determinations 7,a7 ,in general ,except as provided in subparagraph 7,b71 and to the extent practical1 not later than #ahj days after the date on which the ,secretary of ,state receives an assessment from the ,special ,presidential ,envoy for ,hostage ,affairs or the head of any other relevant bureau of the ,department of ,state that credible information exists that a ,united ,states national is being detained unlawfully or wrongfully1 the ,secretary shall determine whether the ,united ,states national is in fact being unlawfully or wrongfully detained4 7,b7 ,waiver 7i7 ,in general ,the ,secretary may waive the requirement under subparagraph 7,a7 to make an unlawful or wrongful detention determination if the ,secretary-- 7,i7 determines that making such a determination may jeopardize the safety or interests of the ,united ,states national being detained abroad or the national security interests of the ,united ,states2 and 7,,ii7 submits to ,congress a report describing the reasons for the waiver4 7ii7 ,timing ,a waiver under clause 7i7 shall expired on the date that is #ahj days after the date on which the ,secretary submits the report on the waiver to ,congress pursuant to clause 7i77,,ii74 7iii7 ,renewal ,the ,secretary may renew a waiver granted pursuant to clause 7i7 in the manner provided under such clause4 4 #bjb4 ,declarations of invalidity ,section #cjb of the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda71 as amended by sections #bja and #bjb1 is further amended by adding at the end the following3 7f7 ,declarations of invalidity ,upon the release of a ,united ,states national taken hostage or determined to be unlawfully or wrongfully detained abroad and the return of that national1 the ,president shall issue to that national a letter1 to be known as a declaration of invalidity1 that officially declares the detention abroad of the national as invalid for the purpose of completing any documentation that warrants a background investigation or review of prior offenses1 such as a conviction4 4 #bjc4 ,advisory ,council on ,hostage ,taking and ,unlawful or ,wrongful ,detention ,the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda et seq471 as amended by section #ajb1 is further amended by inserting after section #cje;,a the following3 #cje;,b4 ,advisory ,council on ,hostage ,taking and ,unlawful or ,wrongful ,detention 7a7 ,establishment ,the ,president shall establish an advisory council1 to be known as the ,advisory ,council on ,hostage ,taking and ,unlawful or ,wrongful ,detention 7in this section referred to as the ,advisory ,council71 to advise the ,special ,presidential ,envoy for ,hostage ,affairs1 the ,hostage ,response ,group1 and the ,hostage ,recovery ,fusion ,cell with respect to ,federal policies regarding hostage-taking and unlawful or wrongful detention4 7b7 ,membership 7#a7 ,in general ,the ,president shall invite individuals to the ,advisory ,council1 which shall be comprised of-- 7,a7 ,united ,states nationals who have been unlawfully or wrongfully detained or taken hostage abroad2 7,b7 family members of such ,united ,states nationals2 and 7,c7 not fewer than #b experts on areas including hostage taking1 wrongful detention1 international relations1 rule of law1 and counterterrorism who have been recommended by the ,secretary of ,state4 7#b7 ,terms ,the term of a member of the ,advisory ,council shall be #c years4 7#c7 ,compensation and travel expenses ,a member of the ,advisory ,council shall not be considered a ,federal employee and shall not be compensated for service on the ,advisory ,council1 but may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7c7 ,annual reports ,not later than #a year after the date of the enactment of this section1 and annually thereafter1 the ,advisory ,council shall submit to the ,president and the appropriate congressional committees a report setting forth the recommendations of the ,advisory ,council4 7d7 ,termination ,the ,advisory ,council shall terminate on the date that is #aj years after the date of the enactment of this section4 4 #bjd4 ,chairmanship of the ,hostage ,response ,group ,section #cje7;a7 of the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda;c7a77 is amended to read as follows3 7a7 ,establishment 7#a7 ,in general ,there shall be a ,hostage ,response ,group1 which shall be-- 7,a7 chaired by the ,special ,presidential ,envoy for ,hostage ,affairs2 and 7,b7 convened on a regular basis at the ,white ,house1 and as needed at the request of the ,national ,security ,council1 to further the safe recovery of ,united ,states nationals held unlawfully or wrongfully abroad4 7#b7 ,coordination of government response ,the ,hostage ,response ,group may also be tasked with coordinating the ,united ,states ,government response to other hostage takings abroad in which the ,united ,states has a national interest as specifically referred to the ,hostage ,recovery ,fusion ,cell by the ,national ,security ,council ,deputies ,committee4 4