WASHINGTON — The James W. Foley Legacy Foundation applauds the inclusion of the Countering Wrongful Detention Act of 2025 in the Fiscal Year 2026 National Defense Authorization Act (NDAA). This legislation represents a significant step forward in strengthening policies to identify and hold accountable state sponsors of wrongful detention and to deter the dangerous practice of so-called hostage diplomacy. By creating a formal designation process and linking it to robust deterrence measures, Congress is sending a clear message that the United States will not tolerate the targeting of its citizens for political leverage.
The Foley Foundation has long worked in close partnership with policymakers to strengthen the U.S. government’s ability to secure the freedom of Americans held hostage or wrongfully detained abroad and to prevent future hostage-taking. Our advocacy—alongside that of families who lost loved ones in captivity—was central to the creation of the U.S. hostage enterprise. We remain deeply committed to supporting its continued success.
For years, the Foundation has sought a comprehensive review of the U.S. hostage enterprise—the government components responsible for the response to hostage-taking—now included in Section 8353 of the NDAA. Drawing on seven years of independent, nonpartisan research, involving confidential interviews with families, current and former officials, and subject-matter experts, we have identified persistent challenges in the nation’s approach that warrant thoughtful examination. A successful review should build on the model of the 2015 review conducted by the National Counterterrorism Center, which integrated structured input—such as interviews, surveys, or focus groups—from a broad range of stakeholders, including returned hostages, wrongful detainees, families, non-governmental organizations, and experts. A similar approach today is essential to ensuring reforms meaningfully strengthen the government’s ability to bring Americans home.
While Section 8353 references “reorganization,” “consolidation,” and “cost efficiencies,” we believe the clearest path to strengthening U.S. capabilities is to ensure the review remains focused on improving outcomes for captives, their families, and survivors upon release. The hostage enterprise has secured the freedom of more than 170 Americans unjustly held abroad over the last decade. Any review should build on that progress by identifying where reinvestment, modernization, or clarified authorities can further enhance results—not by limiting the scope to structural or budgetary adjustments alone.
We look forward to working with Congress and the Administration to ensure that this review is comprehensive, outcome-driven, and informed by those closest to the mission. The review should examine:
- Designation Processes: Timeliness, transparency, and equity in wrongful detention determinations, including appeals and backlog data.
- Effectiveness Metrics: Speed and success of recovery efforts and the impact of prevention and deterrence strategies.
- Interagency Coordination: Collaboration among relevant agencies, sufficiency of information sharing, and decision-making authority.
- Resource Allocation: Identification of gaps, efficiencies, and opportunities for reinvestment to strengthen operations.
- Family and Victim Support: Communication practices, reintegration assistance, and access to health and financial stability resources.
- Deterrence and Sanctions: Implementation and efficacy of authorities under the Levinson Act and related Executive Orders.
The Foley Foundation remains a committed partner to policymakers and stands ready to support the implementation of this review so that reforms continue to improve outcomes for American captives and prevent future unjust detentions.
ABOUT THE JAMES W. FOLEY LEGACY FOUNDATION
Conflict journalist James W. Foley was taken hostage by ISIS terrorists in 2012 while covering the Syrian civil war. His captors tortured and ultimately brutally murdered him in 2014. The Foundation was established less than three weeks after his death. Inspired by the moral courage of James Foley, the Foundation advocates for American hostages and wrongful detainees held abroad and promotes journalist safety.
For more information or to learn how you can make an impact, please visit jamesfoleyfoundation.org or contact us here. Charitable donations to support the Foundation’s work may be made here.