113 S559 RS: 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.
1.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)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)
(1)
(A)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 specifiedA 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)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)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 TreasuryA 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 FundAmounts in the Fund shall be available, without
further appropriation, to make payments under subsection (c).
(c)
(1)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)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)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)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 actionsA 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)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)Any amounts remaining in the Fund after the date
specified in paragraph (2) shall be deposited in the general fund of the
Treasury.
(2)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.
1.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)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)
(1)
(A)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
specifiedA 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)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)All
surcharges collected pursuant to paragraph (1)(A) shall be deposited into the
Fund.
(B)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)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 fundAmounts in the Fund shall be available, without further
appropriation, to make payments under subsection (c).
(c)
(1)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)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)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)A payment to a recipient from the Fund under paragraph
(2) shall be made only after receiving the consent of the recipient.
(d)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)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 informationIf 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)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)Any amounts remaining in the Fund after the date
specified in paragraph (2) shall be deposited in the general fund of the
Treasury.
(2)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)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)In
this section:
(1)Appropriate
congressional committeesThe 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)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.
.
September 12, 2013
Reported with an amendment and an amendment to the
title