119-hr4179

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4179 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4179

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 HOUSE OF REPRESENTATIVES

 June 26, 2025

Mr. Hill of Arkansas (for himself, Mr. Kean, Mr. Lawler, Mr. Moskowitz, 
 and Mr. Gottheimer) introduced the following bill; which was referred 
 to the Committee on Foreign Affairs, and in addition to the Committee 
 on the Judiciary, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 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,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Countering Wrongful Detention Act of 
2025''.

SEC. 2. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF UNLAWFUL 
 OR WRONGFUL DETENTION.

 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:

``

SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF 
 UNLAWFUL OR WRONGFUL DETENTION.

 ``

    (a) In General.--Subject to the notice requirement of subsection
            (d) (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:
 ``

    (1) The unlawful or wrongful detention of a United States 
 national occurs 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 State of such 
 unlawfully or wrongfully detained national.
 ``

    (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.
 ``

    (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 of state.--The Secretary 
 of State may terminate the designation of a foreign country 
 under subsection

    (a) if the Secretary certifies to Congress 
 that it is in the national interest to terminate such 
 designation and that the foreign country--
 ``
        (A) has released the United States nationals 
 unlawfully or wrongfully detained within the territory 
 of the foreign country;
 ``
        (B) has demonstrated changes in policies with 
 respect to unlawful or wrongful detention and hostage 
 taking; or
 ``
            (C) has provided assurances that the government 
 of the foreign country will not engage or be complicit 
 in or support acts described in subsection

    (a) .
 ``

    (2) Termination unless approval by congress.--The 
 designation of a foreign country under subsection

    (a) shall 
 terminate on the date that is 6 months after such designation 
 unless a joint resolution of approval with respect to the 
 designation is enacted into law.
 ``
            (c) Prohibition on Subsequent Designations if Designation Not 
Approved; Exception.--
 ``

    (1) In general.--If a joint resolution of approval is not 
 enacted into law with respect to a designation of a foreign 
 country under subsection

    (a) before the expiration of the 6-
 month period described in subsection

    (b)

    (2) , the Secretary of 
 State may not designate the foreign country under subsection

    (a) during the 6-month period beginning on the date of the 
 expiration of the 6-month period described in subsection

    (b)

    (2) .
 ``

    (2) Exception.--A foreign country with respect to which a 
 designation under subsection

    (a) has terminated by reason of 
 the application of subsection

    (b)

    (2) may be re-designated as a 
 State Sponsor of Unlawful or Wrongful Detention for purposes of 
 subsection

    (a) if a joint resolution providing for such 
 designation is enacted into law.
 ``
            (d) Briefing and Reports to Congress; Publication.--
 ``

    (1) Reports to congress.--
 ``
        (A) In general.--Not later than 7 days after 
 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 congressional committees a report that 
 notifies the committees of the proposed designation.
 ``
        (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--
 ``
            (i) the justification for the 
 designation; and
 ``
            (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, to deter the unlawful 
 or wrongful detention of foreign nationals in 
 the country.
 ``

    (2) Initial briefing required.--Not later than 60 days 
 after the date of the enactment of this section, the Secretary 
 shall brief the appropriate congressional committees on the 
 following:
 ``
        (A) Whether any of the following countries should 
 be designated as a State Sponsor of Unlawful or 
 Wrongful Detention under subsection

    (a) :
 ``
            (i) Afghanistan.
 ``
            (ii) Eritrea.
 ``
            (iii) The Islamic Republic of Iran.
 ``
            (iv) Nicaragua.
 ``
            (v) The Russian Federation.
 ``
            (vi) The Syrian Arab Republic.
 ``
            (vii) Venezuela under the regime of 
 Nicolas Maduro.
 ``
            (viii) The Republic of Belarus.
 ``
            (ix) The People's Republic of China.
 ``
        (B) The steps taken by the Secretary to deter the 
 unlawful and wrongful detention of United States 
 nationals and to respond to such detentions, 
 including--
 ``
            (i) any engagement with private sector 
 companies to optimize the distribution of 
 travel advisories; and
 ``
            (ii) any engagement with private 
 companies responsible for promoting travel to 
 foreign countries engaged in the unlawful or 
 wrongful detention of United States nationals.
 ``
            (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.
 ``
            (D) 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.
 ``

    (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, 
 or designees thereof, shall provide a briefing to the 
 appropriate congressional committees on the countries listed 
 under paragraph

    (2)
        (A) and actions taken by the Secretary of 
 State to deter the wrongful detention of United States 
 nationals, including any steps taken in accordance with 
 paragraph

    (2)
        (B) .
 ``

    (4) Testimony.--The Special Presidential Envoy for 
 Hostage Affairs shall testify before the appropriate 
 congressional committees not less than once each Congress on 
 activities to deter wrongful detention.
 ``

    (5) 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) .
 ``

    (6) Appropriate committees of congress defined.--In this 
 subsection, the term `appropriate congressional committees' 
 means--
 ``
        (A) the Committee on Foreign Affairs and the 
 Committee on Appropriations of the House of 
 Representatives; and
 ``
        (B) the Committee on Foreign Relations and the 
 Committee on Appropriations of the Senate.
 ``

    (e) Review and Determination 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 and make a determination 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--
 ``

    (1) inadmissibilities available under the International 
 Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
 ``

    (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;
 ``

    (3) sanctions available under the Immigration and 
 Nationality Act (8 U.S.C. 1101 et seq.);
 ``

    (4) 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;
 ``

    (5) 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
 ``

    (6) designating the country as a country whose government 
 has repeatedly provided support for acts of international 
 terrorism pursuant to--
 ``
        (A) section 1754
            (c) (1)
        (A)
            (i) of the Export 
 Control Reform Act of 2018 (50 U.S.C. 
 4813
            (c) (1)
        (A)
            (i) );
 ``
        (B) section 620A of the Foreign Assistance Act of 
 1961 (22 U.S.C. 2371);
 ``
            (C) section 40
            (d) of the Arms Export Control Act 
 (22 U.S.C. 2780
            (d) ); or
 ``
            (D) any other provision of law.
 ``

    (f) Rule of Construction.--Nothing in this section shall be 
construed to imply that every United States national detained in a 
country designated as a State Sponsor of Unlawful or Wrongful Detention 
under subsection

    (a) should be or is determined to be wrongfully 
detained under the Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act.''.
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