[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1478 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 94
119th CONGRESS
  1st Session
                                S. 1478

To provide the United States Government with additional tools to deter 
  state and non-state actors from wrongfully detaining United States 
       nationals for political leverage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2025

 Mr. Risch (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                             June 18, 2025

                Reported by Mr. Risch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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 leverage, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Countering Wrongful Detention Act of 2025''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
    <DELETED>TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL 
                               DETENTION

<DELETED>Sec. 101. Designation of a foreign country as a State Sponsor 
                            of Unlawful or Wrongful Detention.
<DELETED>Sec. 102. Required certification regarding international 
                            travel advisories.
 <DELETED>TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES 
                   AND UNLAWFUL OR WRONGFUL DETAINEES

<DELETED>Sec. 201. Advisory Council on Hostage Taking and Unlawful or 
                            Wrongful Detention.
<DELETED>Sec. 202. Congressional Report on Components Related to 
                            Hostage Affairs and Recovery.

    <DELETED>TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL 
                          DETENTION</DELETED>

<DELETED>SEC. 101. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR 
              OF UNLAWFUL OR WRONGFUL DETENTION.</DELETED>

<DELETED>    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting 
after section 306 the following:</DELETED>

<DELETED>``SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A STATE 
              SPONSOR OF UNLAWFUL OR WRONGFUL DETENTION.</DELETED>

<DELETED>    ``(a) In General.--Subject to the notice requirement of 
subsection (c)(1)(A), the Secretary of State, 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:</DELETED>
        <DELETED>    ``(1) The unlawful or wrongful detention of a 
        United States national occurs in the foreign country.</DELETED>
        <DELETED>    ``(2) 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 30 days of being officially notified by the 
        Department of State of the unlawful or wrongful 
        detention.</DELETED>
        <DELETED>    ``(3) Actions taken by the government of the 
        foreign country indicate that the government is responsible 
        for, complicit in, or materially supports 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 of State.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Termination of Designation.--The Secretary of State 
may terminate the designation of a foreign country under subsection (a) 
if the Secretary certifies to Congress that the government of the 
foreign country--</DELETED>
        <DELETED>    ``(1) has released the United States nationals 
        unlawfully or wrongfully detained within the territory of the 
        foreign country;</DELETED>
        <DELETED>    ``(2) 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 
        entity;</DELETED>
        <DELETED>    ``(3) has demonstrated changes in leadership or 
        policies with respect to unlawful or wrongful detention and 
        hostage taking; or</DELETED>
        <DELETED>    ``(4) has provided assurances that the government 
        of the foreign country will not engage or be complicit in or 
        support acts described in subsection (a).</DELETED>
<DELETED>    ``(c) Briefing and Reports to Congress; Publication.--
</DELETED>
        <DELETED>    ``(1) Reports to congress.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 7 days 
                prior to making a designation of a foreign country as a 
                State Sponsor of Unlawful or Wrongful Detention under 
                subsection (a), the Secretary of State shall submit to 
                the appropriate committees of Congress a report that 
                notifies the committees of the proposed 
                designation.</DELETED>
                <DELETED>    ``(B) Elements.--In each report submitted 
                under subparagraph (A) with respect to the designation 
                of a foreign country as a State Sponsor of Unlawful or 
                Wrongful Detention, the Secretary shall include--
                </DELETED>
                        <DELETED>    ``(i) the justification for the 
                        designation; and</DELETED>
                        <DELETED>    ``(ii) a description of any action 
                        taken by the United States Government, 
                        including the Secretary of State or the head of 
                        any other relevant Federal agency, in response 
                        to the designation to deter the unlawful or 
                        wrongful detention or hostage-taking of foreign 
                        nationals in the country.</DELETED>
        <DELETED>    ``(2) Initial briefing required.--Not later than 
        60 days after the date of the enactment of this section, the 
        Secretary shall brief Congress on the following:</DELETED>
                <DELETED>    ``(A) Whether any of the following 
                countries should be designated as a State Sponsor of 
                Unlawful or Wrongful Detention under subsection 
                (a):</DELETED>
                        <DELETED>    ``(i) Afghanistan.</DELETED>
                        <DELETED>    ``(ii) Eritrea.</DELETED>
                        <DELETED>    ``(iii) The Islamic Republic of 
                        Iran.</DELETED>
                        <DELETED>    ``(iv) The People's Republic of 
                        China.</DELETED>
                        <DELETED>    ``(v) The Russian 
                        Federation.</DELETED>
                        <DELETED>    ``(vi) The Syrian Arab Republic or 
                        any transitional government therein.</DELETED>
                        <DELETED>    ``(vii) Venezuela under the regime 
                        of Nicolas Maduro.</DELETED>
                        <DELETED>    ``(viii) The Republic of 
                        Belarus.</DELETED>
                <DELETED>    ``(B) 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 detentions, 
                including--</DELETED>
                        <DELETED>    ``(i) any engagement with private 
                        sector companies to optimize the distribution 
                        of travel advisories; and</DELETED>
                        <DELETED>    ``(ii) any engagement with private 
                        companies responsible for promoting travel to 
                        foreign countries engaged in the unlawful or 
                        wrongful detention of United States 
                        nationals.</DELETED>
                <DELETED>    ``(C) An assessment of a possible 
                expansion of chapter 97 of title 28, United States Code 
                (commonly known as the `Foreign Sovereign Immunities 
                Act of 1976') to include an exception from asset 
                seizure immunity for State Sponsors of Unlawful or 
                Wrongful Detention.</DELETED>
                <DELETED>    ``(D) A detailed plan on the manner by 
                which a geographic travel restriction could be 
                instituted against State Sponsors of Unlawful or 
                Wrongful Detention.</DELETED>
                <DELETED>    ``(E) The progress made in multilateral 
                fora, including the United Nations and other 
                international organizations, to address the unlawful 
                and wrongful detention of United States nationals, in 
                addition to nationals of partners and allies of the 
                United States in foreign countries.</DELETED>
        <DELETED>    ``(3) Annual briefing.--Not later than one year 
        after the date of the enactment of this section, and annually 
        thereafter for 5 years, 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 (2)(A) and actions taken by 
        the Secretary of State and the heads of other relevant Federal 
        agencies to deter the wrongful detention of United States 
        nationals, including any steps taken in accordance with 
        paragraph (2)(B).</DELETED>
        <DELETED>    ``(4) Publication.--The Secretary shall make 
        available on a publicly accessible website of the Department of 
        State, and regularly update, a list of foreign countries 
        designated as State Sponsors of Unlawful or Wrongful Detention 
        under subsection (a).</DELETED>
<DELETED>    ``(d) 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 
(a), the Secretary of State, in consultation with the heads of other 
relevant Federal agencies, 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 country, 
including--</DELETED>
        <DELETED>    ``(1) sanctions available under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.);</DELETED>
        <DELETED>    ``(2) visa restrictions available under section 
        7031(c) of the Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2024 (division F of Public 
        Law 118-47; 8 U.S.C. 1182 note) or any other provision of 
        Federal law;</DELETED>
        <DELETED>    ``(3) sanctions available under the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.);</DELETED>
        <DELETED>    ``(4) imposition of a geographic travel 
        restriction on citizens of the United States;</DELETED>
        <DELETED>    ``(5) restrictions on assistance provided to the 
        government of the country under the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 et seq.) or any other provision of Federal 
        law;</DELETED>
        <DELETED>    ``(6) restrictions on the export of certain goods 
        to the country under the Arms Export Control Act (22 U.S.C. 
        2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 
        4801 et seq.), or any other Federal law; and</DELETED>
        <DELETED>    ``(7) designating the government of the country as 
        a government that has repeatedly provided support for acts of 
        international terrorism pursuant to--</DELETED>
                <DELETED>    ``(A) section 1754(c)(1)(A)(i) of the 
                Export Control Reform Act of 2018 (50 U.S.C. 
                4813(c)(1)(A)(i));</DELETED>
                <DELETED>    ``(B) section 620A of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371);</DELETED>
                <DELETED>    ``(C) section 40(d) of the Arms Export 
                Control Act (22 U.S.C. 2780(d)); or</DELETED>
                <DELETED>    ``(D) any other provision of 
                law.</DELETED>
<DELETED>    ``(e) Appropriate Committees of Congress Defined.--In this 
paragraph, the term `appropriate committees of Congress' means--
</DELETED>
        <DELETED>    ``(1) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate; and</DELETED>
        <DELETED>    ``(2) the Committee on Foreign Affairs and the 
        Committee on Appropriations of the House of 
        Representatives.</DELETED>
<DELETED>    ``(f) 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 
legitimate.''.</DELETED>

<DELETED>SEC. 102. REQUIRED CERTIFICATION REGARDING INTERNATIONAL 
              TRAVEL ADVISORIES.</DELETED>

<DELETED>    (a) In General.--Chapter 423 of title 49, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 42309. Required certification regarding international 
              travel advisories</DELETED>
<DELETED>    ``(a) In General.--An air carrier, foreign air carrier, or 
ticket agent who sells, in the United States, 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--</DELETED>
        <DELETED>    ``(1) has reviewed the travel advisory of the 
        Department of State applicable to such country or other 
        geographic area; and</DELETED>
        <DELETED>    ``(2) understands the risks involved with 
        traveling to such country or other geographic area.</DELETED>
<DELETED>    ``(b) Definitions.--For purposes of this 
section:</DELETED>
        <DELETED>    ``(1) `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 
        national.</DELETED>
        <DELETED>    ``(2) `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 seize, detain, kill, or injure individuals (or 
        has seized, detained, killed, or injured individuals) to compel 
        a third party (including a governmental organization) to meet 
        certain requirements as a condition of release.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 423 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 42308 the following:</DELETED>

<DELETED>``42309. Required certification regarding international travel 
                            advisories.''.

 <DELETED>TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES 
              AND UNLAWFUL OR WRONGFUL DETAINEES</DELETED>

<DELETED>SEC. 201. ADVISORY COUNCIL ON HOSTAGE-TAKING AND UNLAWFUL OR 
              WRONGFUL DETENTION.</DELETED>

<DELETED>    The Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act (22 U.S.C. 1741 et seq.), as amended by section 101, 
is further amended by inserting after section 305B the 
following:</DELETED>

<DELETED>``SEC. 305C. ADVISORY COUNCIL ON HOSTAGE TAKING AND UNLAWFUL 
              OR WRONGFUL DETENTION.</DELETED>

<DELETED>    ``(a) Establishment.--The President shall establish an 
advisory council, to be known as the `Advisory Council on Hostage 
Taking and Unlawful or Wrongful Detention' (in this section referred to 
as the `Advisory Council'), to advise the Special Presidential Envoy 
for Hostage Affairs, the Hostage Response Group, and the Hostage 
Recovery Fusion Cell with respect to Federal policies regarding 
hostage-taking and unlawful or wrongful detention.</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
        <DELETED>    ``(1) In general.--The President shall invite 
        individuals to the Advisory Council, which shall be comprised 
        of--</DELETED>
                <DELETED>    ``(A) United States nationals who have 
                been unlawfully or wrongfully detained or taken hostage 
                abroad;</DELETED>
                <DELETED>    ``(B) family members of such United States 
                nationals; and</DELETED>
                <DELETED>    ``(C) not fewer than 2 experts on areas 
                including hostage-taking, wrongful detention, 
                international relations, rule of law, and 
                counterterrorism who have been recommended by the 
                Secretary of State.</DELETED>
        <DELETED>    ``(2) Terms.--The term of a member of the Advisory 
        Council shall be 3 years.</DELETED>
        <DELETED>