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Risch, Coons, Stevens, Hill Introduce Bill to Counter States that Wrongfully Detain Americans Abroad

WASHINGTON – U.S. Senators Jim Risch (R-Idaho), ranking member of the Senate Foreign Relations Committee, and Chris Coons (D-Del.), a senior member of the Senate Foreign Relations Committee, today introduced the Countering Wrongful Detention Act, which would create new tools for the U.S. government to deter states from wrongfully detaining Americans abroad and support wrongful detainees upon their return home. The House companion bill was introduced by Representatives Haley Stevens (D-Mich.) and French Hill (R-Ark.).

“Protecting Americans abroad is an important responsibility of the U.S. government,” said Senator Risch. “Unfortunately, pariahs like Russia, China, Iran, Venezuela, Syria, and others choose to take Americans and others hostage to leverage them for political or financial gain. The United States must create a more effective deterrent to preventing the wrongful detention of Americans abroad. The Countering Wrongful Detention Act creates that deterrence by naming and shaming those who wrongfully detain Americans and tasks the executive branch with creating a strategy to reduce the likelihood of U.S. nationals being unlawfully or wrongfully detained in the future. It is time we put those who wish to do America and its citizens harm on notice. This bill will help us do that.”

“I am proud of President Biden’s work bringing more than 70 Americans who were wrongfully detained or held hostage overseas safely home,” said Senator Coons. “As the United States continues its efforts to secure the release of every unjustly held American, we must also do more to protect Americans from being taken by our adversaries in the first place and used as political leverage. A more comprehensive U.S. strategy to counter this deplorable practice, as well as increased punishments for states that engage in wrongful detention and heightened awareness among the American public, is long overdue. As a longtime advocate for American hostages and their families, I urge my colleagues to swiftly take up the Countering Wrongful Detention Act.”

“More and more Americans are being held hostage around the world – innocent civilians taken by rogue states and bad actors,” said Congresswoman Stevens. “After fighting for the release of my friend, Michigander Paul Whelan, during his 2,000 days of detention by Putin’s lawless regime, I’m proud to have worked across the aisle and across the Congress to introduce the Countering Wrongful Detention Act of 2024 with my colleagues and long-time allies in this work, Senator Chris Coons, Senator James Risch, and Representative French Hill. This critical legislation will ensure the State Department has the necessary resources and support to effectively engage in hostage diplomacy so they can prevent future hostage-taking and get every wrongfully detained American home. It sends a clear, strong message to hostages and families – we stand with you, and we will get you home.”

“Over the years, most recently in the case of Tigran Gambaryan wrongfully held by Nigeria, I have personally witnessed the trauma imposed on American families coping with a detained loved one,” said Congressman Hill. “The target on the backs of blue passport holders is stronger than ever, and the United States must do more to protect Americans abroad. As Co-Chair of the Hostage Task Force in the House, I remain passionate and committed to bringing Americans wrongfully detained or held hostage home. The Countering Wrongful Detention Act creates a more detailed strategy in deterring our foreign adversaries from taking Americans against their will and provides the State Department with the crucial resources needed to counter this appalling practice and fill gaps in the process. I am proud to lead this legislation with my colleagues, Representative Haley Stevens, Senator Chris Coons, and Senator James Risch, and urge its swift implementation.”

Background:

The Countering Hostage Diplomacy Act seeks to deter and prevent wrongful detention of Americans overseas by:

  • Creating the State Sponsor of Unlawful or Wrongful Detention designation, which would allow the secretary of State to impose a range of penalties on states that wrongfully detain Americans;
  • Requiring an administration strategy on how to deter and counter unlawful or wrongful detention;
  • Providing increased funding to the Departments of State and Treasury to carry out sanctions related to wrongful detention;
  • Enhancing awareness of the Department of State’s travel advisories to high-risk countries;
  • Requiring airlines operating in the United States to disclose travel advisory information to consumers traveling to high-risk countries, particularly countries that the Department of State has issued indicators concerning risks of wrongful detention, kidnapping, or hostage taking; and
  • Including the Privacy Act Waiver form in the U.S. Passport application process so that Americans traveling internationally can proactively decide to permit the U.S. government to advocate on their behalf should they be detained by a foreign government.

The act would also refine existing processes and provide additional resources to hostages and wrongful detainees and their families by:

  • Establishing timelines for the secretary and relevant Department of State offices to make timely wrongful detention determinations and report on their findings;
  • Establishing an Advisory Council on Hostage Taking and Unlawful or Wrongful Detention; and
  • Requiring the Special Presidential Envoy for Hostage Affairs to Serve as chair of the National Security Council’s Hostage Response Group at the White House.

Text of this legislation can be found here. A one-pager can be found here.

Support for the Countering Wrongful Detention Act:

“The bipartisan support shown by Senator Coons and Senator Risch for the Hostage and Wrongful Detention community has been incredible. Since the introduction of the Robert A. Levinson Hostage Recovery and Hostage Taking Accountability Act in 2019 and several subsequent legislation since, we have seen marked improvement in how our government handles the cases of American nationals who are held hostage by state and non-state actors. This week's important legislation introduced is now a giant leap forward in creating tangible deterrence that stops bad actors from continuing this horrific practice. We hope to see this legislation passed by Congress and swiftly signed into law, as we know it will help prevent so many Americans from falling victim to the suffering that my father, my family, my friends in the hostage community, and far too many others have experienced,” said Sarah (Levinson) Moriarty, daughter of hostage Robert Levinson and Fellow, Future Security at New America.

“The James W. Foley Legacy Foundation commends the excellent bipartisan work of Senators Coons and Risch in introducing the “Countering Wrongful Detention Act” to deter nation states from wrongfully detaining U.S. nationals for leverage,” said Diane Foley, President, the James W. Foley Legacy Foundation.

“The Countering Wrongful Detention Act of 2024 introduced by Senators Coons and Risch in the U.S. Congress, marks a pivotal advancement in the ongoing efforts to combat the heinous crime of hostage-taking against innocent U.S. citizens, by both state and non-state actors,” said Jorge Toledo, former Citgo executive wrongfully detained in Venezuela by the Maduro regime for five years (2017-2022).

“Through this bill, Senators Coons and Risch, as well as Representatives Stevens and Hill, have very thoughtfully and skillfully filled the gaps and holes that exist in our current processes for designation and deterrence. This bill is a substantive game changer in strengthening deterrence tools for wrongful detention and ensuring our hostages, wrongful detainees, and their families get the timely attention they so desperately need,” said Neda Sharghi, sister of former wrongful detainee, Emad Sharghi, and former chair of the Bring Our Families Home Campaign.

“As Americans continue to be wrongfully detained abroad by state actors, it is evident that additional measures are needed to deter this practice. Hostage US encourages the safe return of all Americans and actions to ensure this does not continue to happen. Hostage US supports the Countering Wrongful Detention Act that highlights this need, urging the proactive creation and implementation of preventative measures,” said Liz Cathcart, Executive Director of Hostage US.

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