113 S559 IS: Justice for Former American Hostages in Iran Act of 2013 U.S. Senate 2013-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 559 IN THE SENATE OF THE UNITED STATES March 13, 2013 Mr. Isakson (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 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.

1.

Short title

This Act may be cited as the Justice for Former American Hostages in Iran Act of 2013.

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 purposes of— (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 (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. (b)

Funding

(1)

Imposition of surcharge

(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. (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. (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

The Secretary of the Treasury shall deposit in the Fund all surcharges collected pursuant to paragraph (1)(A). (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— (i)is paid directly to the Federal agency that administers the law or regulation pursuant to which the fine or penalty is imposed; or (ii)is deemed satisfied by a payment to another Federal agency. (C)

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, 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. (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 identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage. (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. (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. (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). (C)Third, to each spouse or child of a former hostage described in paragraph (2)(C). (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)

Preclusion of future actions and release of claims

(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). (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. (e)

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.