Paul Whelan Hostage Compensation and Reintegration Act

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.''. <all>