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119-hr-10464119th CongressWALLET

Paul Whelan Hostage Compensation and Reintegration Act

Sponsored By: Representative Stevens, Haley M. [D-MI-11]

Introduced

Summary

Creates a Paul Whelan Hostage Compensation and Reintegration Program that offers a one-time lump-sum compensation to eligible U.S. nationals who were unlawfully or wrongly detained abroad. The bill sets eligibility limits tied to travel advisories, defines exceptions, and lays out review and payment rules.

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  • Families and former detainees: Eligible U.S. nationals receive a one-time payment equal to the average daily wage multiplied by the number of days detained. Awardees may still pursue other compensation or insurance claims.
  • Travelers and journalists: Eligibility is limited when detentions occur in countries with travel advisories or warnings in effect. Exceptions cover official travel, journalistic activity, and cases cleared for humanitarian or national-interest reasons after consultation with the Special Presidential Envoy for Hostage Affairs.
  • Administration and legal effects: The Secretary of State administers the program with a 90-day initial review period and opportunities for reconsideration. Awards are treated as damages for human suffering, excluded from means-tested income or resource counting, attorney fees are capped at 5%, and funding is drawn from unobligated balances of the Department of Justice Assets Forfeiture Fund.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

One-time cash for detained U.S. nationals

This bill would create a Paul Whelan Hostage Compensation and Reintegration Program at the State Department. You would be able to get one one-time lump-sum payment if you are an eligible U.S. national detained abroad. The payment would equal (average wage index ÷ 365) times the number of days you were unlawfully or wrongfully detained, and the State Department would decide the days used. Payments would generally be barred if you entered a country during certain high-risk travel advisories or warnings, unless you entered on official U.S. government travel, were working as a journalist, or the Secretary of State (with the Special Presidential Envoy for Hostage Affairs) finds a strong humanitarian or national interest reason.

Application, review, and lawyer fee limits

The State Department would decide how many days you were detained and you would have 120 days to ask for reconsideration of that count. After you request reconsideration, the Secretary would have 90 days to make a final decision and may accept more evidence. Within 120 days after enactment the Department would post how to apply on its website and offer briefings to returning potentially eligible nationals. If you hire a lawyer to help with a claim, attorney fees would be capped at 5% of the compensation award.

Tax and benefit treatment for awards

For federal tax purposes the compensation would be treated as damages for human suffering. The payment would not count as income or resources for the benefit tests referenced in 31 U.S.C. 3803(c)(2)(C). Receiving this payment would not force you to repay insurers for workers' compensation or stop you from pursuing other compensation.

Funding source for the program

The bill would authorize the State Department to get whatever sums are necessary each year to run the program. Funding would come from unobligated balances of the Department of Justice Assets Forfeiture Fund. The law does not set a fixed dollar amount.

Sponsors & CoSponsors

Sponsor

Stevens, Haley M. [D-MI-11]

MI • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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