Countering Wrongful Detention Act of 2025

Bill Number

H.R. 4179

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-06-26: 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.

Last Updated

2025-10-18T08:05:52Z

AI-Generated Summary

Purpose The legislation aims to give the U.S. government new tools to discourage foreign governments and non-state actors from unlawfully or wrongfully detaining U.S. nationals as a form of political pressure.

Key Provisions

• The bill amends the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act by adding a new section that allows the Secretary of State, after consulting other agencies, to designate a foreign country as a "State Sponsor of Unlawful or Wrongful Detention."
• Designation criteria include: detention occurring in the country, failure to release a detained U.S. national within 30 days of notification, government complicity or support for such detentions, or actions posing risks to U.S. nationals abroad.
• A designation ends automatically after six months unless Congress passes a joint resolution approving it; the Secretary may also terminate it earlier by certifying it serves the national interest and the country has released detainees, changed policies, or provided assurances.
• If Congress does not approve, the Secretary cannot re-designate the country for another six months (with an exception allowing re-designation via new congressional approval).
• The Secretary must report to Congress within seven days of any designation, including justification and actions taken to deter detentions.
• An initial briefing is required within 60 days on whether specific countries (Afghanistan, Eritrea, Iran, Nicaragua, Russia, Syria, Venezuela under Maduro, Belarus, and China) should be designated, plus steps to deter detentions and assessments of sanctions expansion.
• Annual briefings for five years and testimony by the Special Presidential Envoy for Hostage Affairs are required.
• The Secretary must publish and update a public list of designated countries on the State Department website.
• Upon designation, the Secretary must review and determine use of existing tools such as sanctions, visa restrictions, aid cuts, export controls, and terrorism-related designations.
• A rule of construction clarifies that not every U.S. national detained in a designated country is automatically considered wrongfully detained.

Significant Changes to Existing Law This creates a new formal designation process modeled on state sponsor of terrorism lists but focused on wrongful detentions. It adds explicit congressional approval requirements and time limits not present in the original Act, along with mandatory briefings, reports, and public listing obligations.

Potential Impacts

• Government agencies: Increases workload for the State Department and other agencies through reviews, reports, and briefings; may lead to coordinated use of sanctions and restrictions.
• U.S. citizens: Intended to reduce risks of wrongful detention abroad by pressuring foreign actors, though it does not guarantee any individual's release.
• International relations: Designations could prompt diplomatic tensions, reduced aid or trade, and multilateral discussions at the United Nations or other forums.

Main Stakeholders Affected

• U.S. nationals traveling or living abroad.
• Foreign governments and non-state actors involved in detentions.
• The Department of State, including the Special Presidential Envoy for Hostage Affairs and consular offices.
• Congress, particularly the foreign affairs and appropriations committees in both chambers.

Notable Legal, Constitutional, or Political Implications The bill balances expanded executive designation power with congressional oversight through joint resolutions, potentially raising separation-of-powers questions. It also directs consideration of expanding the Foreign Sovereign Immunities Act to allow asset seizures against designated countries and encourages multilateral cooperation, which could affect U.S. foreign policy and alliances.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Hill, J. French [R-AR-2]

Cosponsors (7)

Rep. Kean, Thomas H. [R-NJ-7], Rep. Lawler, Michael [R-NY-17], Rep. Moskowitz, Jared [D-FL-23], Rep. Gottheimer, Josh [D-NJ-5], Rep. Vindman, Eugene Simon [D-VA-7], Rep. McCormick, Richard [R-GA-7], Rep. McDowell, Addison P. [R-NC-6]

Recent Actions

• 2025-06-26: 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.
• 2025-06-26: 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.
• 2025-06-26: Introduced in House
• 2025-06-26: Introduced in House

Bill Versions

• Countering Wrongful Detention Act of 2025 — issued 2025-06-26 — PDF (11 pages)