[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 868 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 868

 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 1:00-CV-03110 (ESG) of the United 
   States District Court for the District of Columbia, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2015

 Mr. Isakson (for himself, Mr. Blumenthal, and Mr. Graham) 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 1:00-CV-03110 (ESG) 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Former American Hostages 
in Iran Act of 2015''.

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 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 1:00-CV-03110 (ESG) 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 taking of hostages and 
        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--
                            (i) 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; 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 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 the principal agent 
        designated by the proposed class for the period beginning in 
        1999 and continuing through the date of the enactment of this 
        Act.
            (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 and 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 and 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 in 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.
    (f) Report to Congress on Completion of Payments.--Not later than 
60 days after determining that a law or regulation specified in 
subsection (b)(1)(B) is terminated or suspended or that amounts in the 
Fund will be insufficient for the payment of all amounts described in 
subsection (c)(2) to all recipients described in that subsection by the 
date that is 444 days after the date of the enactment of this Act, the 
Secretary of State shall submit to Congress recommendations to expedite 
the completion of the payment of those amounts.
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