§1741d–1 Designation of a Foreign Country as a State Sponsor of Unlawful or Wrongful Detention

Summary

Allows the Secretary of State, working with other federal agencies, to name a foreign country a "State Sponsor of Unlawful or Wrongful Detention" if one of these things is true: a U.S. citizen is unlawfully or wrongfully held in that country; the country or a group in that country fails to free a detained U.S. citizen within 30 days after the State Department tells them about it; the government’s actions show it is responsible for, helping, or supporting the detention; or past or present actions by actors in the country make U.S. citizens at risk abroad. The Secretary must talk with the listed congressional committees before naming a country and must send those committees a report within 7 days saying which criteria were used, why the country was named, and what U.S. actions will be taken. The Secretary can end a designation if Congress is told that the country has released detained U.S. citizens, helped free hostages, changed leadership or policy on detentions, or given assurances it will stop such conduct. The Department must publish and update a public list of designated countries. Within 60 days after December 18, 2025, the Secretary must brief Congress on whether any of these countries should be designated: Afghanistan; the Islamic Republic of Iran; the People’s Republic of China; the Russian Federation; Venezuela under the regime of Nicolás Maduro; and the Republic of Belarus. That briefing must also cover steps taken to deter detentions, work with private companies on travel advisories and travel promotion, a look at allowing seizure of assets in some courts, a plan for travel restrictions, and progress in international organizations. One year after December 18, 2025, and then once a year for 5 years, the Assistant Secretary for Consular Affairs and the Special Presidential Envoy for Hostage Affairs must brief Congress about detentions in those countries and U.S. responses. The Secretary must also review tools like sanctions, visa limits, aid restrictions, export controls, immigration penalties, and terrorism designations to respond to detentions. "Appropriate committees of Congress" means the Senate Committees on Foreign Relations, Appropriations, and the Judiciary, and the House Committees on Foreign Affairs, Appropriations, and the Judiciary. Naming a country this way does not mean the U.S. recognizes that government as legitimate, nor does it mean every detained U.S. citizen there is legally determined to be wrongfully detained.