Section 1 Short title
This Act may be cited as the “State Sponsor of Wrongful or Unlawful Detention Act”.
State Sponsor of Wrongful or Unlawful Detention Act
A BILL
To amend the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act to establish a designation of state sponsor of wrongful or unlawful, and for other purposes.
Sec. 2 Sense of Congress
It is the sense of Congress as follows:
There has been a significant rise in the wrongful detention of United States nationals and lawful permanent residents by both state and non-state actors in foreign countries, often used as a tactic for diplomatic leverage to threaten the United States and the American people.
Existing mechanisms to hold foreign actors accountable for wrongful detentions and the practice of hostage diplomacy are insufficient.
Wrongful detentions and hostage taking pose a threat to United States national security, violate fundamental human rights, and undermine international law and norms.
It is the responsibility of the United States Government to protect its nationals and lawful permanent residents from wrongful detention and to provide recourse, justice, and a pathway to compensation for victims.
Sec. 3 Designation of state sponsor of wrongful or unlawful detention
The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.) is amended—
by redesignating sections 307 and 308 as sections 308 and 309, respectively; and
by inserting after section 306 the following:
“307. Designation of state sponsor of wrongful or unlawful detention
“(a) Penalties for designation
“(1) In general—Any country the government of which the Secretary of State designates as a state sponsor of wrongful or unlawful detention under this section shall—
“(A) be subject to sanctions under relevant provisions of law, including visa sanctions with respect to government officials of such country; and
“(B) be prohibited from receiving foreign assistance under relevant provisions of law.
“(2) Public notice—The Secretary of State shall—
“(A) update travel advisories to reflect the designation of countries as state sponsors of arbitrary detention under this section; and
“(B) work with airlines to provide a warning to potential travelers to such designated countries.
“(b) Criteria for designation—A country may be designated as a state sponsor of wrongful or unlawful detention under this section if the Secretary of State determines that the government of such country has provided support for or directly engaged in the wrongful detention of United States nationals based on one or more of the following:
“(1) The repeated wrongful detention or hostage taking of United States nationals as provided for in this Act.
“(2) The repeated failure of the foreign government to resolve a wrongful detention once notified by the Department of State as provided for in this Act.
“(3) Actions that indicate the complicity or active support of the government of such country for engaging in wrongful detentions or hostage taking.
“(4) Actions that pose, in the judgment of the Secretary, a sufficient risk of wrongful detention or hostage taking of United States nationals in such country.
“(c) Congressional notification—The Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 30 days after each determination to designate a country as a state sponsor of wrongful or unlawful detention under this section.
“(d) Withdrawal of designation—A designation as a state sponsor of wrongful or unlawful detention may be removed or withdrawn with respect to a country if the Secretary of State certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that—
“(1) the government of such country is no longer supporting acts of wrongful detention or hostage taking; and
“(2) such government has provided evidence-based assurances to the Secretary that it will not support and actively oppose acts of wrongful detention or hostage taking in the future.
“(e) Rule of construction—Nothing in this section may be construed to alter or affect the authorities of the Secretary of State with respect to determining that the detention in a foreign country of a United States person is wrongful pursuant to this Act or any other provision of law.”
Sec. 4 Other modifications to the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act
The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act is amended—
in section 303(c) (22 U.S.C. 1741a(c))—
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;
by inserting after paragraph (2) the following:
“(3) chair the Hostage Response Group and regularly convene the group in accordance with section 305;”
in paragraph (6) (as so redesignated), by inserting “or held hostage” after “unlawfully or wrongly detained”; and
in section 305 (22 U.S.C. 1741c)—
in subsection (a), by striking “a designated member of the National Security Council or the Deputies Committee of the National Security Council” and inserting “the Special Envoy appointed pursuant to section 303”; and
in subsection (b), by striking “the Special Envoy appointed pursuant to section 303,”.