HouseH.R. 10464119th Congress

Paul Whelan Hostage Compensation and Reintegration Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10464 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10464

   To amend the Robert Levinson Hostage Recovery and Hostage-taking 
   Accountability Act with respect to compensation for United States 
              nationals unlawfully or wrongfully detained.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2026

 Ms. Stevens introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committee on Ways 
 and Means, 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

_______________________________________________________________________

                                 A BILL

 
   To amend the Robert Levinson Hostage Recovery and Hostage-taking 
   Accountability Act with respect to compensation for United States 
              nationals unlawfully or wrongfully detained.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paul Whelan Hostage Compensation and 
Reintegration Act''.

SEC. 2. PAUL WHELAN HOSTAGE COMPENSATION AND REINTEGRATION PROGRAM.

    Section 302 of the Robert Levinson Hostage Recovery and Hostage-
taking Accountability Act (22 U.S.C. 1741) is amended by adding at the 
end the following:
    ``(e) Paul Whelan Hostage Compensation and Reintegration Program.--
            ``(1) Compensation.--The Secretary of State shall 
        compensate an eligible United States national in the amount 
        described under paragraph (3).
            ``(2) Application.--
                    ``(A) In general.--To be eligible for compensation 
                under paragraph (1), an eligible United States national 
                shall submit to the Secretary of State an application 
                at any time after such national's release or death and 
                in such manner and containing or accompanied by such 
                information as the Secretary of State may reasonably 
                require.
                    ``(B) Review.--The Secretary of State shall have 90 
                days to review an application submitted under 
                subparagraph (A) and determine the amount described 
                under paragraph (3).
            ``(3) Limitation on eligibility.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the Secretary of State shall not 
                compensate an eligible United States national if the 
                national entered a foreign country during a period for 
                which the country had--
                            ``(i) a level 4 travel advisory under the 
                        four-tier system in effect on the date of the 
                        enactment of this section;
                            ``(ii) a travel warning under the two-tier 
                        system in effect before January 10, 2018; or
                            ``(iii) a travel advisory of any level with 
                        a `D' risk indicator distinction.
                    ``(B) Exception.--The limitation under subparagraph 
                (A) shall not apply if--
                            ``(i) the national entered the foreign 
                        country to conduct official travel or in the 
                        capacity of a journalist; or
                            ``(ii) the Secretary of State determines, 
                        in consultation with the Special Presidential 
                        Envoy for Hostage Affairs, that compelling 
                        humanitarian or national interest circumstances 
                        warrant the national to be determined to be an 
                        eligible United States national.
                    ``(C) Successor warnings and advisories.--Any 
                reference in this paragraph to a level 4 travel 
                advisory, a travel warning, or a travel advisory of any 
                level with a `D' risk indicator distinction shall 
                include any successor designation issued by the 
                Secretary of State that serves the same substantive 
                purpose to--
                            ``(i) advise United States citizens not to 
                        travel to a country; or
                            ``(ii) indicate a significant risk of 
                        wrongful detention of United States nationals 
                        by the foreign government.
            ``(4) Amount described.--
                    ``(A) In general.--For the purpose of compensation 
                under paragraph (1), the amount described shall be the 
                amount equal to the product of--
                            ``(i) the average wage index divided by 
                        365; and
                            ``(ii) the number of days detained 
                        determined under subparagraph (B).
                    ``(B) Days detained determined.--For the purpose of 
                compensation under paragraph (1), the Secretary of 
                State shall determine the number of days an eligible 
                United States national was unlawfully or wrongfully 
                detained abroad.
                    ``(C) Reconsideration of days detained.--
                            ``(i) In general.--In the event that an 
                        eligible United States national disputes the 
                        number of days of wrongful detention as 
                        determined by the Secretary of State, such 
                        national may request a reconsideration of this 
                        number in accordance with a reconsideration 
                        process determined by the Secretary of State.
                            ``(ii) Reconsideration.--An eligible United 
                        States national shall have 120 days to request 
                        a reconsideration of the number under clause 
                        (i).
                            ``(iii) Final determination.--If an 
                        eligible United States national requests a 
                        reconsideration under clause (ii), the 
                        Secretary of State shall have 90 days to make a 
                        final determination of the number of days an 
                        eligible United States national was unlawfully 
                        or wrongfully detained abroad.
                    ``(D) Documentation.--The Secretary of State may, 
                in their determination of what is appropriate 
                documentation, accept additional evidence, 
                documentation, or other information from an eligible 
                United States national for the purpose of the 
                reconsideration under subparagraph (C).
            ``(5) Payment.--The Secretary of State shall make a one 
        time, lump sum payment to an eligible United States national.
            ``(6) Other compensation.--Compensation under paragraph (1) 
        may not prohibit an eligible United States national from 
        seeking other compensation to which such national may be 
        entitled.
            ``(7) Tax treatment and benefits.--Compensation under 
        paragraph (1) shall be treated for purposes of the internal 
        revenue laws of the United States as damages for human 
        suffering.
            ``(8) Means tested programs.--Compensation under paragraph 
        (1) shall not be included as income or resources for purposes 
        of determining eligibility to receive benefits described in 
        section 3803(c)(2)(C) of title 31, United States Code, or the 
        amount of such benefits.
            ``(9) Certain claims not affected by awards of damages.--
        Compensation under paragraph (1) shall not be considered as any 
        form of compensation or reimbursement for a loss for purposes 
        of imposing liability on any individual receiving such payment, 
        on the basis of such receipt, to repay any insurance carrier 
        for insurance payments, or to repay any person on account of 
        worker's compensation payments. Additionally compensation under 
        paragraph (1) shall not affect any claim against an insurance 
        carrier with respect to insurance or against any person with 
        respect to worker's compensation.
            ``(10) Attorney fees.--Notwithstanding any contract, the 
        attorney of a United States national may not charge, for 
        services rendered in connection with the claim of such 
        national, more than 5 percent of compensation under paragraph 
        (1).
            ``(11) Public awareness campaign.--Beginning not later than 
        120 days after the date of the enactment of this section, the 
        Secretary of State shall--
                    ``(A) publish on the internet website of the 
                Department of State information on how a United States 
                national may apply for compensation under this 
                subsection, including information on eligibility and 
                other information the Secretary of State determines 
                necessary; and
                    ``(B) provide a briefing to potentially eligible 
                United States nationals upon their return to the United 
                States.
            ``(12) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary to carry out 
        this subsection such sums as may be necessary for each fiscal 
        year from the unobligated balances of the Department of Justice 
        Assets Forfeiture Fund.
            ``(13) Definitions.--In this subsection:
                    ``(A) Eligible united states national.--The term 
                `eligible United States national' means--
                            ``(i) a national of the United States or 
                        lawful permanent resident who has been 
                        unlawfully or wrongfully detained abroad, or
                            ``(ii) in the case of a national of the 
                        United States or lawful permanent resident who 
                        has been unlawfully or wrongfully detained 
                        abroad and is deceased, is the next of kin of 
                        such national or resident,
                as determined by the Secretary of State.
                    ``(B) Journalist.--The term `journalist' means a 
                person who, at the time of entry into the foreign 
                country in which the wrongful detention occurred, was 
                regularly engaged in collecting, photographing, 
                recording, writing, editing, reporting, or publishing 
                news, for gain or livelihood, as a salaried employee 
                of, or independent contractor for, a news organization.
                    ``(C) National of the united states.--The term 
                `national of the United States' means--
                            ``(i) a citizen of the United States; or
                            ``(ii) a person who, though not a citizen 
                        of the United States, owes permanent allegiance 
                        to the United States.
                    ``(D) News organization.--The term `news 
                organization' means a newspaper, news journal, news 
                agency, press association, wire service, radio or 
                television station, network, news magazine, digital 
                news publication, or other representative of the news 
                media.
                    ``(E) News.--The term `news' means information of 
                public concern relating to local, statewide, national, 
                or worldwide issues or events.
                    ``(F) Official travel.--The term `official travel' 
                means travel into a foreign country as part of duties 
                for or at the direction of the United States 
                Government.
                    ``(G) Representative of the news media.--The term 
                `representative of the news media' shall have the 
                meaning given such term in section 552(a)(4)(A)(ii) of 
                title 5, United States Code.''.
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