S. 1478 — Countering Wrongful Detention Act of 2025

This section establishes authority for the Secretary of State, in consultation with other federal agencies, to designate a foreign country as a State Sponsor of Unlawful or Wrongful Detention if it meets specified criteria, including the unlawful or wrongful detention of a U.S. national occurring in the country; failure to release such a detainee within 30 days of State Department notification; government complicity or material support for such detention; or actions by state or nonstate actors posing risks to U.S. nationals abroad. The section authorizes termination of a designation upon congressional certification that the country has released detained U.S. nationals, contributed to releases of U.S. hostages, demonstrated policy changes, or provided assurances against future complicity or support. It further requires (1) a report to congressional committees at least 7 days before any designation, including justification and U.S. government response actions; (2) an initial congressional briefing within 60 days of enactment assessing potential designations for Afghanistan, Eritrea, Iran, China, Russia, Syria (or any transitional government), Venezuela under Nicolás Maduro, and Belarus, along with deterrence efforts (including private sector engagement), assessment of expanding the Foreign Sovereign Immunities Act to permit asset seizures, a plan for geographic travel restrictions, and multilateral progress; (3) annual briefings for five years by the Assistant Secretary of State for Consular Affairs and Special Presidential Envoy for Hostage Affairs on detentions in those countries and related actions; and (4) publication and regular updates of designated countries on the State Department website.

This section requires air carriers, foreign air carriers, or ticket agents selling tickets in the United States for foreign air transportation to a country or geographic area with a “D” (risk of wrongful detention of a U.S. national) or “K” (criminal or terrorist threats to seize, detain, kill, or injure individuals to compel third parties) indicator in the Department of State Travel Advisory System to obtain a certification from the passenger that the passenger has reviewed the applicable advisory and understands the risks involved.

This section establishes the Advisory Council on Hostage-Taking and Unlawful or Wrongful Detention to advise the Special Presidential Envoy for Hostage Affairs, the Hostage Response Group, and the Hostage Recovery Fusion Cell on federal policies regarding hostage-taking and unlawful or wrongful detention. The council consists of U.S. nationals who have been unlawfully or wrongfully detained or taken hostage abroad, their family members, and at least two experts on relevant topics (e.g., hostage-taking, wrongful detention, international relations, rule of law, counterterrorism) recommended by the Secretary of State; members serve three-year terms, receive no compensation, but may receive travel expenses. Not later than one year after enactment and annually thereafter, the council submits reports with recommendations to the President and appropriate congressional committees; the council terminates 10 years after enactment.

This section directs the President to submit to Congress, not later than 180 days after the date of enactment, a report on the Hostage Response Group, Hostage Recovery Fusion Cell, and Office of the Special Presidential Envoy for Hostage Affairs established under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act. The report must include (1) a description of the existing structure of each component, (2) recommendations for improvements including through reorganization or consolidation, and (3) cost efficiencies for the components, including resources available to eligible former wrongful detainees and hostages and their family members.