HR 4179
Countering Wrongful Detention Act of 2025
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Bill overview
The Countering Wrongful Detention Act of 2025 aims to give the U.S. government more tools to address the detention of its citizens by foreign governments or non-state actors. Specifically, it allows the Secretary of State to designate countries as ‘State Sponsors of Unlawful or Wrongful Detention’ based on criteria like ongoing detention, failure to release detained nationals, or support for such actions. The bill also mandates reporting to Congress and requires a review of available responses to deter future detentions, focusing on leveraging existing legal authorities.
Key provisions
- Establishes a process for designating foreign countries as ‘State Sponsors of Unlawful or Wrongful Detention’ based on specific criteria.
- Requires the Secretary of State to notify Congress upon designating a country as a State Sponsor.
- Provides for a 6-month review period for designations, with potential Congressional approval required.
- Mandates a briefing to Congress on countries potentially designated as State Sponsors.
- Directs the State Department to conduct a comprehensive review of available responses to deter wrongful detention.
- Lists specific legal authorities (e.g., economic sanctions, visa restrictions) that can be used.
- Allows for re-designation of a country if conditions improve.
- Includes a provision for designating a country as supporting international terrorism to further restrict assistance.
Who is affected
- United States citizens
- Foreign governments
- The Department of State
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 4179
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Countering Wrongful Detention Act of 2025
.
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:
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:
The unlawful or wrongful detention of a United States national occurs in the foreign country.
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.
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.
has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country;
has demonstrated changes in policies with respect to unlawful or wrongful detention and hostage taking; or
has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection (a).
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).
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.
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:
Eritrea.
The Islamic Republic of Iran.
Nicaragua.
The Russian Federation.
The Syrian Arab Republic.
Venezuela under the regime of Nicolás Maduro.
The Republic of Belarus.
The People’s Republic of China.
The steps taken by the Secretary to deter the unlawful and wrongful detention of United States nationals and to respond to such detentions, including—
any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals.
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.
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.
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).
In this subsection, the term appropriate congressional committees means—
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
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;
sanctions available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
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;
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
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
any other provision of law.