Constitution Index · H.R. 9496 · 2026-06-29
End Tax Penalties on American Hostages Act
Latest official status (2026-10-14): Message on Senate action sent to the House.
Constitutional grade
A
Constitutional
Constitutional relief measure within Congress's tax power that pauses federal tax deadlines during wrongful detention abroad and refunds penalties, with no rights infringement, no power overreach, and no upward consolidation of authority.
Article I, Section 8, Clause 1 Amendment XVI Article I, Section 8, Clause 18 Amendment X Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has express authority to lay and collect taxes and to set related filing, payment, assessment, and collection rules under Article I, Section 8, Clause 1, as supplemented by the Sixteenth Amendment for income taxes. Tolling deadlines and abating interest and penalties for detained nationals is a direct exercise of that tax power, plus the Necessary and Proper Clause in Article I, Section 8, Clause 18.
Bill of Rights · passes
Creates no restriction on speech, religion, press, assembly, arms, search, self-incrimination, trial rights, jury, punishment, or unenumerated rights. It relieves a penalty burden on a defined class under the Sixteenth Amendment tax power and Article I, Section 8, Clause 1, expanding liberty rather than contracting First through Tenth Amendment protections.
Individual liberty · passes
Removes rather than imposes a burden on person, property, and labor by pausing federal tax deadlines during wrongful detention and refunding penalties assessed while the person could not comply. No speech, belief, movement, or property use is restricted, so no compelling justification is even required beyond the tax authority cited.
Decentralization · passes
Federal income, estate, gift, employment, and excise deadlines are exclusively federal under Article I, Section 8, Clause 1 and the Sixteenth Amendment. No individual, county, or state can toll federal statutory deadlines or order IRS abatement. The bill keeps decision-making at the existing federal level and does not move new subject matter upward, so it satisfies the minimum-level test.
Due process and takings · passes
Strengthens procedural due process under the Fifth Amendment by disregarding detention periods, requiring State and Justice lists to identify eligible persons, and mandating abatement and refund of interest and penalties that accrued without fair opportunity to file or pay. No property is taken; prior erroneous assessments are returned with a claims program, satisfying just-compensation and non-arbitrariness concerns.
Provenance
- Congress.gov: HR 9496 summary · fetched 2026-10-04 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #5 | 2026-10-08 | vfa-constitutional-grade/1.0 | 0344d0fc9d2c | current |
Cite this
Values for America. “Constitutional grade: H.R. 9496, End Tax Penalties on American Hostages Act.” VFA Constitution Index, grade 5 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/5. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/5
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