119-s1478

[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> ``

    (3) Compensation and travel expenses.--A member 
 of the Advisory Council shall not be considered a Federal 
 employee and shall not be compensated for service on the 
 Advisory Council, but may be allowed travel expenses, including 
 per diem in lieu of subsistence, in accordance with subchapter 
 I of chapter 57 of title 5, United States Code.</DELETED>
<DELETED> ``
            (c) Annual Reports.--Not later than 1 year after the 
date of the enactment of this section, and annually thereafter, the 
Advisory Council shall submit to the President and the appropriate 
congressional committees a report setting forth the recommendations of 
the Advisory Council.</DELETED>
<DELETED> ``
            (d) Termination.--The Advisory Council shall terminate 
on the date that is 10 years after the date of the enactment of this 
section.''.</DELETED>

<DELETED>

SEC. 202. CONGRESSIONAL REPORT ON COMPONENTS RELATED TO 
 HOSTAGE AFFAIRS AND RECOVERY.</DELETED>

<DELETED>

    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the President shall submit to Congress a 
report on the following:</DELETED>
 <DELETED>

    (1) The Hostage Response Group established 
 pursuant to 

section 305

    (a) of the Robert Levinson Hostage 
 Recovery and Hostage-Taking Accountability Act (22 U.S.C. 
 1741c

    (a) ).</DELETED>
 <DELETED>

    (2) The Hostage Recovery Fusion Cell established 
 pursuant to 

section 304

    (a) of that Act (22 U.S.C. 
 1741b

    (a) ).</DELETED>
 <DELETED>

    (3) The Office of the Special Presidential Envoy 
 for Hostage Affairs established pursuant to 

section 303

    (a) of 
 that Act (22 U.S.C. 1741a

    (a) ).</DELETED>
<DELETED>

    (b) Elements.--The report required by subsection

    (a) shall 
include--</DELETED>
 <DELETED>

    (1) a description of the existing structure of 
 each component listed in subsection

    (a) ;</DELETED>
 <DELETED>

    (2) recommendations on how the components can be 
 improved, including through reorganization or consolidation of 
 the components; and</DELETED>
 <DELETED>

    (3) cost efficiencies on the components listed in 
 subsection

    (a) , including resources available to eligible 
 former wrongful detainees and hostages and their family 
 members.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Countering 
Wrongful Detention Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Rule of construction.

 TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION

Sec. 101. Designation of a foreign country as a State Sponsor of 
 Unlawful or Wrongful Detention.

Sec. 102. Required certification regarding international travel 
 advisories.

 TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND 
 UNLAWFUL OR WRONGFUL DETAINEES

Sec. 201. Advisory Council on Hostage Taking and Unlawful or Wrongful 
 Detention.

Sec. 202. Congressional Report on Components Related to Hostage Affairs 
 and Recovery.

SEC. 2. RULE OF CONSTRUCTION.

 Nothing in this Act or the amendments made by this Act may be 
construed as preventing the freedom of travel of United States 
citizens.

 TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION

SEC. 101. 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
            (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:
 ``

    (1) The unlawful or wrongful detention of a United States 
 national occurs in the foreign country.
 ``

    (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.
 ``

    (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.--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--
 ``

    (1) has released the United States nationals unlawfully 
 or wrongfully detained within the territory of the foreign 
 country;
 ``

    (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;
 ``

    (3) has demonstrated changes in leadership or policies 
 with respect to unlawful or wrongful detention and hostage 
 taking; or
 ``

    (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) .
 ``
            (c) Briefing and Reports to Congress; Publication.--
 ``

    (1) Reports to congress.--
 ``
        (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.
 ``
        (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, in response to the 
 designation to deter the unlawful or wrongful 
 detention or hostage-taking 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 Congress 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) The People's Republic of China.
 ``
            (v) The Russian Federation.
 ``
            (vi) The Syrian Arab Republic or any 
 transitional government therein.
 ``
            (vii) Venezuela under the regime of 
 Nicolas Maduro.
 ``
            (viii) The Republic of Belarus.
 ``
        (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--
 ``
            (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) A detailed plan on the manner by which a 
 geographic travel restriction could be instituted 
 against State Sponsors of Unlawful or Wrongful 
 Detention.
 ``
        (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.
 ``

    (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) .
 ``

    (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) .
 ``
            (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--
 ``

    (1) sanctions 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) imposition of a geographic travel restriction on 
 citizens of the United States;
 ``

    (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;
 ``

    (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
 ``

    (7) designating the government of the country as a 
 government that 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.
 ``

    (e) Appropriate Committees of Congress Defined.--In this 
paragraph, the term `appropriate committees of Congress' means--
 ``

    (1) the Committee on Foreign Relations and the Committee 
 on Appropriations of the Senate; and
 ``

    (2) the Committee on Foreign Affairs and the Committee on 
 Appropriations of the House of Representatives.
 ``

    (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.''.

SEC. 102. REQUIRED CERTIFICATION REGARDING INTERNATIONAL TRAVEL 
 ADVISORIES.

    (a) In General.--Chapter 423 of title 49, United States Code, is 
amended by adding at the end the following new section:
``

Sec. 42309. Required certification regarding international travel 
 advisories
 ``

    (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--
 ``

    (1) has reviewed the travel advisory of the Department of 
 State applicable to such country or other geographic area; and
 ``

    (2) understands the risks involved with traveling to such 
 country or other geographic area.
 ``

    (b) Rule of Construction.--Nothing in subsection

    (a) may be 
construed as grounds to inhibit access to consular services by a United 
States citizen abroad.
 ``
            (c) === Definitions. ===
-For purposes of this section:
 ``

    (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.
 ``

    (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.''.

    (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:

``42309. Required certification regarding international travel 
 advisories.''.

 TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND 
 UNLAWFUL OR WRONGFUL DETAINEES

SEC. 201. ADVISORY COUNCIL ON HOSTAGE-TAKING AND UNLAWFUL OR WRONGFUL 
 DETENTION.

 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:

``

SEC. 305C. ADVISORY COUNCIL ON HOSTAGE TAKING AND UNLAWFUL OR 
 WRONGFUL DETENTION.

 ``

    (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.
 ``

    (b) Membership.--
 ``

    (1) In general.--The President shall invite individuals 
 to the Advisory Council, which shall be comprised of--
 ``
        (A) United States nationals who have been 
 unlawfully or wrongfully detained or taken hostage 
 abroad;
 ``
        (B) family members of such United States 
 nationals; and
 ``
            (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.
 ``

    (2) Terms.--The term of a member of the Advisory Council 
 shall be 3 years.
 ``

    (3) Compensation and travel expenses.--A member of the 
 Advisory Council shall not be considered a Federal employee and 
 shall not be compensated for service on the Advisory Council, 
 but may be allowed travel expenses, including per diem in lieu 
 of subsistence, in accordance with subchapter I of chapter 57 
 of title 5, United States Code.
 ``
            (c) Annual Reports.--Not later than 1 year after the date of the 
enactment of this section, and annually thereafter, the Advisory 
Council shall submit to the President and the appropriate congressional 
committees a report setting forth the recommendations of the Advisory 
Council.
 ``
            (d) Termination.--The Advisory Council shall terminate on the 
date that is 10 years after the date of the enactment of this 
section.''.

SEC. 202. CONGRESSIONAL REPORT ON COMPONENTS RELATED TO HOSTAGE AFFAIRS 
 AND RECOVERY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
on the following:

    (1) The Hostage Response Group established pursuant to 
 

section 305

    (a) of the Robert Levinson Hostage Recovery and 
 Hostage-Taking Accountability Act (22 U.S.C. 1741c

    (a) ).

    (2) The Hostage Recovery Fusion Cell established pursuant 
 to 

section 304

    (a) of that Act (22 U.S.C. 1741b

    (a) ).

    (3) The Office of the Special Presidential Envoy for 
 Hostage Affairs established pursuant to 

section 303

    (a) of that 
 Act (22 U.S.C. 1741a

    (a) ).

    (b) Elements.--The report required by subsection

    (a) shall 
include--

    (1) a description of the existing structure of each 
 component listed in subsection

    (a) ;

    (2) recommendations on how the components can be improved, 
 including through reorganization or consolidation of the 
 components; and

    (3) cost efficiencies on the components listed in 
 subsection

    (a) , including resources available to eligible 
 former wrongful detainees and hostages and their family 
 members.
 Calendar No. 94

119th CONGRESS

 1st Session

 S. 1478

_______________________________________________________________________

 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.

_______________________________________________________________________

 June 18, 2025

 Reported with an amendment