S 1478
· 119th Congress
· International Affairs
Countering Wrongful Detention Act of 2025
Sponsor
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 94.
Action timeline
Every recorded action on this bill, newest first. Stage badges color-code the legislative path.
Jun 18, 2025
committee
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Foreign Relations Committee
Jun 18, 2025
other
Placed on Senate Legislative Calendar under General Orders. Calendar No. 94.
Jun 05, 2025
committee
Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Foreign Relations Committee
Apr 10, 2025
introduced
Introduced in Senate
Apr 10, 2025
introduced
Read twice and referred to the Committee on Foreign Relations.
Foreign Relations Committee
Text versions
Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.
Changelog
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih / is — Introduced in House / Senate. First filed version.rfh / rfs — Referred to a committee for review.rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs / pch — Placed on Calendar for floor consideration.eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh / rds — Received by the other chamber.eah / eas — Engrossed Amendment. The other chamber passed an amended version.ath / ats — Agreed to. Both chambers settled on the same text.enr — Enrolled. Final reconciled text, sent to the President.pl — Public Law. Signed by the President. It's now law.pp — Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih/is— Introduced in House / Senate. First filed version.rfh/rfs— Referred to a committee for review.rh/rs— Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs/pch— Placed on Calendar for floor consideration.eh/es— Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh/rds— Received by the other chamber.eah/eas— Engrossed Amendment. The other chamber passed an amended version.ath/ats— Agreed to. Both chambers settled on the same text.enr— Enrolled. Final reconciled text, sent to the President.pl— Public Law. Signed by the President. It's now law.pp— Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
Line-level diff between text versions of this bill — what actually changed at each legislative stage.
+386
−3
46 unchanged
--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,8 +1,9 @@
[From the U.S. Government Publishing Office]
-[S. 1478 Introduced in Senate (IS)]
+[S. 1478 Reported in Senate (RS)]
<DOC>
+Calendar No. 94
119th CONGRESS
1st Session
S. 1478
@@ -20,6 +21,12 @@
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
@@ -30,6 +37,350 @@
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.
@@ -39,12 +390,15 @@
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
@@ -52,6 +406,12 @@
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
@@ -253,7 +613,10 @@
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) Definitions.--For purposes of this section:
+``(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
@@ -346,4 +709,24 @@
subsection (a), including resources available to eligible
former wrongful detainees and hostages and their family
members.
-<all>
+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
Cosponsors (2)
Members who signed on to support this bill.