,,ii #aaith ,,congress #ast ,session ,s4 #adgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbe,mr4 ,risch 7for himself and ,mr4 ,coons7 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 #bjbe4 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 ,required certification regarding international travel advisories4,,title ,,ii--,strengthening processes and services for hostages and unlawful or wrongful detainees,sec4 #bja4 ,advisory ,council on ,hostage ,taking and ,unlawful or ,wrongful ,detention4,sec4 #bjb4 ,congressional ,report on ,components ,related to ,hostage ,affairs and ,recovery4 ,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 ,subject to the notice requirement of subsection 7c77#a77;,a71 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 or an entity organized under the laws of a foreign country has failed to release an unlawfully or wrongfully detained ,united ,states national within #cj days of being officially notified by the ,department of ,state of the unlawful or wrongful detention4 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 of ,state 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 ,not later than #g days prior to making a designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention under subsection 7a71 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report that notifies the committees of the proposed designation4 7,b7 ,elements ,in each report submitted under subparagraph 7,a7 with respect to the designation of a foreign country as a ,state ,sponsor of ,unlawful or ,wrongful ,detention1 the ,secretary shall include-- 7i7 the justification for the designation2 and 7ii7 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 7#b7 ,initial 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 ,the ,syrian ,arab ,republic or any transitional government therein4 7vii7 ,venezuela under the regime of ,nicols ,maduro4 7viii7 ,the ,republic of ,belarus4 7,b7 ,the steps taken by the ,secretary 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 companies to optimize the distribution of travel advisories2 and 7ii7 any engagement with private 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 ,annual briefing ,not later than one year after the date of the enactment of this section1 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 committees of ,congress with respect to unlawful or wrongful detentions taking place in 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 ,secretary of ,state1 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 ,appropriate committees of ,congress defined ,in this paragraph1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7f7 ,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 ,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 ,,ii ,strengthening processes and services for hostages and unlawful or wrongful detainees #bja4 ,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 #aja1 is further amended by inserting after section #cje;,b the following3 #cje;,c4 ,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 #bjb4 ,congressional ,report on ,components ,related to ,hostage ,affairs and ,recovery 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to ,congress a report on the following3 7#a7 ,the ,hostage ,response ,group established pursuant to section #cje7;a7 of the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act 7#bb ,u4,s4,c4 #agda;c7a774 7#b7 ,the ,hostage ,recovery ,fusion ,cell established pursuant to section #cjd7;a7 of that ,act 7#bb ,u4,s4,c4 #agda;b7a774 7#c7 ,the ,office of the ,special ,presidential ,envoy for ,hostage ,affairs established pursuant to section #cjc7;a7 of that ,act 7#bb ,u4,s4,c4 #agda;a7a774 7b7 ,elements ,the report required by subsection 7a7 shall include-- 7#a7 a description of the existing structure of each component listed in subsection 7a72 7#b7 recommendations on how the components can be improved1 including through reorganization or consolidation of the components2 and 7#c7 cost efficiencies on the components listed in subsection 7a71 including resources available to eligible former wrongful detainees and hostages and their family members4