Countering wrongful detention

(a) Designation as State Sponsor of Unlawful or Wrongful Detention The Secretary, in consultation with the heads of other relevant Federal agencies, 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 criteria: (1) An unlawful or wrongful detention of a United States national has occurred in the foreign country. (2) The government of the foreign country or a nonstate actor in the foreign country has failed to release an unlawfully or wrongfully detained United States national within 30 days of being notified by the Department of such unlawful or wrongful detention. (3) Actions taken by the government of the foreign country indicate that the government is responsible for, complicit in, or materially supportive of the unlawful or wrongful detention of a United States national, including by acting as described in paragraph (2) after having been notified by the Department. (4) The actions of a state or nonstate actor in the foreign country, including any previous action relating to unlawful or wrongful detention or hostage taking of a United States national, 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 Detention, as determined by the Secretary. (b) Termination of designation (1) Termination by the Secretary The Secretary may terminate the designation of a foreign country under subsection (a) if the Secretary certifies to Congress that— (A) it is in the national interests of the United States to terminate such designation; and (B) the foreign country— (i) has released all United States nationals unlawfully or wrongfully detained within the territory of the foreign country; (ii) has demonstrated changes in policies with respect to unlawful or wrongful detention and hostage taking; or (iii) has provided assurances that the government of the foreign country will not engage in, be complicit in, or support acts described in paragraphs (1) through (4) of subsection (a). (2) Termination by disapproval of Congress The designation of a foreign country under subsection (a) shall terminate if a joint resolution of disapproval with respect to the designation is enacted into law prior to the date that is six months after the Secretary makes such designation. (c) Publication The Secretary shall make available on a publicly accessible website of the Department, and regularly update, a list of foreign countries designated as State Sponsors of Unlawful or Wrongful Detention under subsection (a). (d) Review The Secretary shall— (1) conduct a comprehensive review of existing authorities that allow for punitive measures with respect to foreign countries; and (2) determine if the use of such measures with respect to foreign countries designated under subsection (a) is appropriate in order to respond to and deter the unlawful or wrongful detention of United States nationals in the foreign country. (e) Notification to Congress Not later than seven days after designating of a foreign country under subsection (a), the Secretary shall submit to the appropriate congressional committees a report that includes— (1) a notification of such designation; (2) the justification for such designation; and (3) a description of any action taken by a United States Government official, including the Secretary and the head of any other relevant Federal agency, to deter the unlawful or wrongful detention of foreign nationals in such foreign country. (f) Rule of construction Nothing in this section may be construed to imply that every United States national detained in a foreign country designated under subsection (a) should be or is determined to be wrongfully detained for purposes of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.).