I 111th CONGRESS 1st Session H. R. 4025 IN THE HOUSE OF REPRESENTATIVES November 4, 2009 Ms. Ros-Lehtinen (for herself and Mr. Sherman) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for justice and compensation for United States citizens taken hostage by Iran, and for other purposes.

1.

Statements of policy

(a)

Pursuit of justice and accountability

It is the policy of the United States, as specified in the Antiterrorism and Effective Death Penalty Act of 1996 and in other United States laws, to seek justice for United States victims of terrorism and to hold terrorists and their state-sponsors accountable for their actions. (b)

Preemption

United States law regarding victims of terrorism supersedes the Algiers Accords and any other agreement with Iran stemming from the holding of United States hostages in Iran from November 4, 1979, through January 20, 1981.

2.

Justice and compensation for United States citizens taken hostage by Iran on November 4, 1979

(a)

Inapplicability of Algiers Accords

Any provision of the Algiers Accords, entered into with Iran on January 19, 1981, that purports to prohibit a United States citizen from prosecuting any claim (relating to the taking of United States citizens hostage in Iran on November 4, 1979) in any court of the United States or to limit the jurisdiction of any court (with respect to such matter) of the United States is hereby abrogated and deemed not applicable. (b)

Payments

Not later than 30 days after the date of the enactment of this Act, the President shall direct payments in accordance with subsection (c) to a common fund to be established and administered by certified class representatives for United States citizens who were hostages in Iran (as identified in case number 1:00CV03110 (EGS) of the United States District Court for the District of Columbia). Such common fund shall make payments in accordance with subsection (b) for the benefit of such United States citizens. (c)

Amounts

Compensation from the common fund shall be paid as follows: (1)For each former hostage identified in such case number 1:00CV031110 (EGS) of the United States District Court for the District of Columbia, $1,000 for each day of captivity. (2)For each spouse and child of a hostage referred to in paragraph (1), or the estate of such hostage if deceased, including those spouses and children identified as a class member, $500 for each day of captivity of the former hostage. (3)Interest calculated at 9 percent, representing the annual average of the daily prime rate from the date of taking of a hostage who is receiving compensation under this section to the date of payment, compounded annually, for the period from the date of such taking until the date of payment under such subsection. (d)

Funding

Payments to the common fund (sufficient to cover the compensation paid in accordance with subsection (b)) shall be made in the following order: (1)Amounts in the Iran Foreign Military Sales Program account, in its entirety. (2)Blocked assets of terrorist parties, as such term is defined in section 201(d)(2) of the Terrorism Risk Insurance Act of 2002 (Public Law 107–297; 28 U.S.C. 1610 note).