[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5383-S5385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3617. Mr. RISCH (for himself and Mr. Coons) submitted an amendment
intended to be proposed by him to the bill S. 2296, to authorize
appropriations for fiscal year 2026 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F--Countering Wrongful Detention
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``Countering Wrongful
Detention Act of 2025''.
SEC. 1272. 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:
[[Page S5384]]
``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) Defined Term.--In this section, the term `appropriate
committees of Congress' means--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Committee on Appropriations of the Senate;
``(3) the Committee on Foreign Affairs of the House of
Representatives; and
``(4) the Committee on Appropriations of the House of
Representatives.
``(f) Rule of Construction.--Nothing in this section may be
construed to imply that the United States Government formally
recognizes any particular country or the government of such
country as legitimate.''.
SEC. 1273. 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:
``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.''.
[[Page S5385]]
(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.''.
SEC. 1274. 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 1272, 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. 1275. 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 such 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
such 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.
SEC. 1276. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this
subtitle may be construed as preventing the freedom of travel
of United States citizens.
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