Countering Wrongful Detention Act of 2025

The Countering Wrongful Detention Act of 2025 provides the U.S. government with additional tools to deter state and non-state actors from wrongfully detaining U.S. nationals for political leverage. It establishes a new designation for foreign countries that engage in or support such detention, requires airlines to obtain passenger certifications for travel to high-risk areas, creates an advisory council on hostage-taking, and mandates a report on existing hostage-related government components.

Sec. 2, Rule of construction: Nothing in this Act may be interpreted as preventing the freedom of travel of U.S. citizens.

Title I, Sec. 101, Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention: The Secretary of State, in consultation with other agencies, may designate a foreign country as a State Sponsor of Unlawful or Wrongful Detention if it detains a U.S. national, fails to release a detained U.S. national within 30 days of official notification, is complicit in such detention, or if actions in the country pose a risk to U.S. nationals. The Secretary may terminate the designation if the country releases detainees, shows policy changes, or provides assurances. The Secretary must notify Congress 7 days before a designation and brief Congress within 60 days on whether specific countries (Afghanistan, Eritrea, Iran, China, Russia, Syria, Venezuela under Maduro, Belarus) should be designated. Annual briefings are required for 5 years. A public list of designated countries must be maintained. Upon designation, the Secretary must review available responses, including sanctions, visa restrictions, travel restrictions, aid restrictions, export controls, and terrorism designations.

Title I, Sec. 102, Required certification regarding international travel advisories: Airlines and ticket agents selling tickets to countries with a 'D' (risk of wrongful detention) or 'K' (risk of hostage-taking) indicator in the State Department Travel Advisory System must require passengers to certify they have reviewed the advisory and understand the risks. This does not inhibit access to consular services.

Title II, Sec. 201, Advisory Council on Hostage Taking and Unlawful or Wrongful Detention: The President must establish an advisory council to advise the Special Presidential Envoy for Hostage Affairs and other bodies. The council includes former detainees, their family members, and at least two experts. Members serve 3-year terms without compensation but may receive travel expenses. The council must submit annual reports with recommendations and terminates after 10 years.

Title II, Sec. 202, Congressional Report on Components Related to Hostage Affairs and Recovery: Within 180 days, the President must report to Congress on the Hostage Response Group, Hostage Recovery Fusion Cell, and Office of the Special Presidential Envoy for Hostage Affairs. The report must describe their structure, recommend improvements (including reorganization or consolidation), and detail cost efficiencies and resources available to former detainees and their families.