[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5010 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 5010

  To amend the Social Security Act to provide retirement security to 
 United States nationals who were unlawfully or wrongfully detained or 
                          held hostage abroad.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2024

 Mr. Coons (for himself, Mr. Cassidy, Mr. Kaine, Ms. Collins, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Social Security Act to provide retirement security to 
 United States nationals who were unlawfully or wrongfully detained or 
                          held hostage abroad.

    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 ``Retirement Security for American 
Hostages Act''.

SEC. 2. DEEMED WAGES FOR HOSTAGES AND INDIVIDUALS WRONGFULLY DETAINED 
              ABROAD.

    (a) In General.--Title II of the Social Security Act is amended by 
adding after section 234 (42 U.S.C. 434) the following new section:

 ``deemed wages for hostages and individuals wrongfully detained abroad

    ``Sec. 235.  (a) Definitions.--For purposes of this section--
            ``(1) Qualifying month.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `qualifying month' means, in connection with an 
                individual, any month--
                            ``(i) beginning before, on, or after the 
                        date of enactment of this section, and
                            ``(ii) during which such individual was--
                                    ``(I) unlawfully or wrongfully 
                                detained abroad; or
                                    ``(II) held hostage abroad.
                    ``(B) Exception.--The term `qualifying month' does 
                not include any month ending after the date on which 
                such individual attains retirement age (as defined in 
                section 216(l)).
            ``(2) Qualifying individual.--The term `qualifying 
        individual' means an individual who is--
                    ``(A) a United States national unlawfully or 
                wrongfully detained abroad, as determined under section 
                302 of the Robert Levinson Hostage Recovery and 
                Hostage-Taking Accountability Act (22 U.S.C. 1741); or
                    ``(B) a United States national taken hostage 
                abroad, as determined pursuant to the findings of the 
                Hostage Recovery Fusion Cell (as described in section 
                304 of the Robert Levinson Hostage Recovery and 
                Hostage-Taking Accountability Act (22 U.S.C. 1741b)).
    ``(b) Deemed Wages.--
            ``(1) In general.--For purposes of determining entitlement 
        to and the amount of any monthly benefit for any month, or 
        entitlement to and the amount of any lump-sum death payment in 
        the case of a death, payable under this title on the basis of 
        the wages and self-employment income of any qualifying 
        individual, such individual shall be deemed to have been paid 
        during each qualifying month at an amount per month equal to 
        \1/12th\ of the national average wage index (as defined in 
        section 209(k)(1)) for the second calendar year preceding the 
        calendar year in which such month occurs.
            ``(2) Exception.--Paragraph (1) shall not be applicable in 
        the case of any monthly benefit or lump-sum death payment if a 
        larger such benefit or payment, as the case may be, would be 
        payable without its application.
    ``(c) Rules and Regulations.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Commissioner of Social 
        Security shall promulgate such regulations as are necessary to 
        carry out this section, including regulations establishing 
        procedures for the application and certification requirements 
        described in paragraph (2).
            ``(2) Application and certification requirements.--A 
        qualifying month shall not be taken into account under this 
        section with respect to an individual unless the individual (or 
        any other individual entitled to any benefit or payment payable 
        under this title on the basis of the wages and self-employment 
        income of such individual) submits to the Commissioner of 
        Social Security an application for benefits under this section 
        that includes--
                    ``(A) documentation of a determination made by a 
                Federal agency that the individual satisfies the 
                requirements under subsection (a)(2) with respect to a 
                qualifying individual, including the period during 
                which the individual was--
                            ``(i) unlawfully or wrongfully detained 
                        abroad; or
                            ``(ii) held hostage abroad; and
                    ``(B) such other information as the Commissioner 
                may require.''.
    (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 
409(k)(1)) is amended--
            (1) by striking ``and'' before ``230(b)(2)'' the first time 
        it appears; and
            (2) by inserting ``and 235(b)(1),'' after ``1977),''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date which is 24 months after the date of enactment of 
this Act.
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