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