[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