[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 559 Reported in Senate (RS)]
Calendar No. 183
113th CONGRESS
1st Session
S. 559
[Report No. 113-104]
To establish a fund to make payments to the Americans held hostage in
Iran, and to members of their families, who are identified as members
of the proposed class in case number 1:08-CV-00487 (EGS) of the United
States District Court for the District of Columbia, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2013
Mr. Isakson (for himself, Mr. Blumenthal, Mr. Heinrich, Mr. Coons, Mrs.
Murray, Mr. Wicker, Mrs. Hagan, and Mr. Harkin) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
September 12, 2013
Reported by Mr. Menendez, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a fund to make payments to the Americans held hostage in
Iran, and to members of their families, who are identified as members
of the proposed class in case number 1:08-CV-00487 (EGS) of the United
States District Court for the District of Columbia, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Justice for Former American
Hostages in Iran Act of 2013''.</DELETED>
<DELETED>SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.</DELETED>
<DELETED> (a) Establishment.--There is established in the Treasury a
fund, to be known as the ``American Hostages in Iran Compensation
Fund'' (in this section referred to as the ``Fund'') for the purposes
of--</DELETED>
<DELETED> (1) making payments to the Americans held hostage
in Iran, and to members of their families, who are identified
as members of the proposed class in case number 1:08-CV-00487
(EGS) of the United States District Court for the District of
Columbia; and</DELETED>
<DELETED> (2) satisfying the claims of the members of the
proposed class against Iran relating to the alleged taking of
hostages or treatment of personnel of the United States embassy
in Tehran, Iran, between November 3, 1979, and January 20,
1981.</DELETED>
<DELETED> (b) Funding.--</DELETED>
<DELETED> (1) Imposition of surcharge.--</DELETED>
<DELETED> (A) In general.--There is imposed a
surcharge equal to 30 percent of the amount of any fine
or penalty imposed, in whole or in part, for a
violation of a law or regulation specified in
subparagraph (B) committed on or after the date of the
enactment of this Act.</DELETED>
<DELETED> (B) Laws and regulations specified.--A law
or regulation specified in this subparagraph is any law
or regulation imposing a fine or penalty for any
economic activity relating to Iran that is administered
by the Department of State, the Department of the
Treasury, the Department of Justice, the Department of
Commerce, or the Department of Energy.</DELETED>
<DELETED> (C) Termination of deposits.--The
imposition of the surcharge under subparagraph (A)
shall terminate on the date on which all amounts
described in subsection (c)(2) have been distributed to
all recipients described in that subsection.</DELETED>
<DELETED> (2) Deposits into fund; availability of amounts.--
</DELETED>
<DELETED> (A) Deposits.--The Secretary of the
Treasury shall deposit in the Fund all surcharges
collected pursuant to paragraph (1)(A).</DELETED>
<DELETED> (B) Payment of surcharge to secretary of
the treasury.--A person upon which a surcharge is
imposed under paragraph (1)(A) shall pay the surcharge
to the Secretary without regard to whether the fine or
penalty with respect to which the surcharge is
imposed--</DELETED>
<DELETED> (i) is paid directly to the
Federal agency that administers the law or
regulation pursuant to which the fine or
penalty is imposed; or</DELETED>
<DELETED> (ii) is deemed satisfied by a
payment to another Federal agency.</DELETED>
<DELETED> (C) Availability of amounts in fund.--
Amounts in the Fund shall be available, without further
appropriation, to make payments under subsection
(c).</DELETED>
<DELETED> (c) Distribution of Funds.--</DELETED>
<DELETED> (1) Administration of fund.--Payments from the
Fund shall be administered, subject to oversight by the
Secretary of the Treasury, by the named representatives of the
proposed class described in subsection (a)(1) and an agent the
members of the proposed class designate for the purpose of
administering payments from the Fund.</DELETED>
<DELETED> (2) Payments.--Subject to paragraphs (3) and (4),
payments shall be made from the Fund to the following
recipients in the following amounts:</DELETED>
<DELETED> (A) To each living former hostage
identified as a member of the proposed class described
in subsection (a)(1), $10,000 for each day of captivity
of the former hostage.</DELETED>
<DELETED> (B) To the estate of each deceased former
hostage identified as a member of the proposed class
described in subsection (a)(1), $10,000 for each day of
captivity of the former hostage.</DELETED>
<DELETED> (C) To each spouse or child of a former
hostage identified as a member of the proposed class
described in subsection (a)(1) if the spouse or child
is identified as a member of that proposed class,
$5,000 for each day of captivity of the former
hostage.</DELETED>
<DELETED> (3) Priority.--Payments from the Fund shall be
distributed under paragraph (2) in the following
order:</DELETED>
<DELETED> (A) First, to each living former hostage
described in paragraph (2)(A).</DELETED>
<DELETED> (B) Second, to the estate of each deceased
former hostage described in paragraph (2)(B).</DELETED>
<DELETED> (C) Third, to each spouse or child of a
former hostage described in paragraph (2)(C).</DELETED>
<DELETED> (4) Consent of recipient.--A payment to a
recipient from the Fund under paragraph (2) shall be made only
after receiving the consent of the recipient.</DELETED>
<DELETED> (d) Preclusion of Future Actions and Release of Claims.--
</DELETED>
<DELETED> (1) Preclusion of future actions.--A recipient of
a payment under subsection (c) may not file or maintain an
action against Iran in any Federal or State court for any claim
relating to the events described in subsection
(a)(2).</DELETED>
<DELETED> (2) Release of all claims.--Upon the payment of
all amounts described subsection (c)(2) to all recipients
described in that subsection, all claims against Iran relating
to the events described in subsection (a)(2) shall be deemed
waived and forever released.</DELETED>
<DELETED> (e) Deposit of Remaining Funds Into the Treasury.--
</DELETED>
<DELETED> (1) In general.--Any amounts remaining in the Fund
after the date specified in paragraph (2) shall be deposited in
the general fund of the Treasury.</DELETED>
<DELETED> (2) Date specified.--The date specified in this
paragraph is the later of--</DELETED>
<DELETED> (A) the date on which all amounts
described in subsection (c)(2) have been made to all
recipients described in that subsection; or</DELETED>
<DELETED> (B) the date that is 5 years after the
date of the enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Former American Hostages
in Iran Act of 2013''.
SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.
(a) Establishment.--There is established in the Treasury a fund, to
be known as the ``American Hostages in Iran Compensation Fund'' (in
this section referred to as the ``Fund'') for the purpose of making
payments to the 52 Americans held hostage in the United States embassy
in Tehran, Iran, between November 3, 1979, and January 20, 1981 (in
this section referred to as the ``former hostages'').
(b) Funding.--
(1) Imposition of surcharge.--
(A) In general.--There is imposed a surcharge equal
to 30 percent of the amount of--
(i) any fine or monetary penalty assessed,
in whole or in part, on a person for a
violation of a law or regulation specified in
subparagraph (B) related to activities
undertaken on or after the date of the
enactment of this Act; or
(ii) the monetary amount of a settlement
entered into by a person with respect to a
suspected violation of a law or regulation
specified in subparagraph (B) related to
activities undertaken on or after such date of
enactment.
(B) Laws and regulations specified.--A law or
regulation specified in this subparagraph is any law or
regulation that provides for a civil or criminal fine
or other monetary penalty for any economic activity
relating to Iran that is administered by the Department
of the Treasury, the Department of Justice, or the
Department of Commerce.
(C) Termination of deposits.--The imposition of the
surcharge under subparagraph (A) shall terminate on the
date on which all amounts described in subsection
(c)(2) have been distributed to all recipients
described in that subsection.
(2) Deposits into fund; availability of amounts.--
(A) Deposits.--All surcharges collected pursuant to
paragraph (1)(A) shall be deposited into the Fund.
(B) Payment of surcharge.--A person on whom a
surcharge is imposed under paragraph (1)(A) shall pay
the surcharge to the Fund without regard to whether the
fine, penalty, or settlement to which the surcharge
applies--
(i) is paid directly to the Federal agency
that administers the relevant law or regulation
specified in paragraph (1)(B); or
(ii) is deemed satisfied by a payment to
another Federal agency.
(C) Contributions.--The Secretary of State is
authorized to accept such amounts as may be contributed
by individuals, business concerns, foreign governments,
or other entities for payments under this Act. Such
amounts shall be deposited directly into the Fund.
(D) Availability of amounts in fund.--Amounts in
the Fund shall be available, without further
appropriation, to make payments under subsection (c).
(c) Distribution of Funds.--
(1) Administration of fund.--Payments from the Fund shall
be administered by the Secretary of State, pursuant to such
rules and processes as the Secretary, in the Secretary's sole
discretion, may establish.
(2) Payments.--Subject to paragraphs (3) and (4), payments
shall be made from the Fund to the following recipients in the
following amounts:
(A) To each living former hostage, $150,000, plus
$5,000 for each day of captivity of the former hostage.
(B) To the estate of each deceased former hostage,
$150,000, plus $5,000 for each day of captivity of the
former hostage.
(3) Priority.--Payments from the Fund shall be distributed
under paragraph (2) in the following order:
(A) First, to each living former hostage described
in paragraph (2)(A).
(B) Second, to the estate of each deceased former
hostage described in paragraph (2)(B).
(4) Consent of recipient.--A payment to a recipient from
the Fund under paragraph (2) shall be made only after receiving
the consent of the recipient.
(d) Waiver.--A recipient of a payment under subsection (c) shall
waive and forever release all existing claims against Iran and the
United States arising out of the events described in subsection (a).
(e) Notification of Claimants; Limitation on Review.--
(1) Notification.--The Secretary of State shall notify, in
a reasonable manner, each individual qualified to receive a
payment under subsection (c) of the status of the individual's
claim for such a payment.
(2) Submission of additional information.--If the claim of
an individual to receive a payment under subsection (c) is
denied, or is approved for payment of less than the full amount
of the claim, the individual shall be entitled to submit to the
Secretary additional information with respect to the claim.
Upon receipt and consideration of that information, the
Secretary may affirm, modify, or revise the former action of
the Secretary with respect to the claim.
(3) Limitation on review.--The actions of the Secretary in
identifying qualifying claimants and in disbursing amounts from
the Fund shall be final and conclusive on all questions of law
and fact and shall not be subject to review by any other
official, agency, or establishment of the United States or by
any court by mandamus or otherwise.
(f) Deposit of Remaining Funds Into the Treasury.--
(1) In general.--Any amounts remaining in the Fund after
the date specified in paragraph (2) shall be deposited in the
general fund of the Treasury.
(2) Date specified.--The date specified in this paragraph
is the later of--
(A) the date on which all amounts described in
subsection (c)(2) have been made to all recipients
described in that subsection; or
(B) the date that is 5 years after the date of the
enactment of this Act.
(g) Report to Congress.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until the date
specified in subsection (f)(2), the Secretary of State shall submit to
the appropriate congressional committees a report on the status of the
Fund, including--
(1) the amounts and sources of money deposited into the
Fund;
(2) the rules and processes established to administer the
Fund; and
(3) the distribution of payments from the Fund.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Person.--The term ``person'' includes any individual or
entity subject to the civil or criminal jurisdiction of the
United States.
Amend the title so as to read: ``A bill to establish a fund
to make payments to the Americans held hostage in Iran, and for
other purposes.''.
Calendar No. 183
113th CONGRESS
1st Session
S. 559
[Report No. 113-104]
_______________________________________________________________________
A BILL
To establish a fund to make payments to the Americans held hostage in
Iran, and to members of their families, who are identified as members
of the proposed class in case number 1:08-CV-00487 (EGS) of the United
States District Court for the District of Columbia, and for other
purposes.
_______________________________________________________________________
September 12, 2013
Reported with an amendment and an amendment to the title