Justice for Former American Hostages in Iran Act of 2013 - Establishes in the Treasury the American Hostages in Iran Compensation Fund for the purpose of making payments to: (1) the Americans held hostage in the U.S. embassy in Tehran, Iran, and in other locations in Iran, from November 3, 1979, to January 20, 1981; and (2) certain family members.
Imposes a surcharge, to be deposited into the Fund, of 30% on any fine or penalty imposed, or settlement entered into, for a violation of any law or regulation for any economic activity regarding Iran that is administered by specified federal departments.
Requires Fund payments of: (1) $150,000 plus $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and (2) $5,000 to each eligible spouse or child of a former hostage for each day of the such hostage's captivity.
Requires a payment recipient to waive and forever release all existing claims against Iran and the United States arising out of the hostage events.
Directs the Secretary of State to notify each individual qualified to receive a payment of the individual's claim status.
States that: (1) if a claim is denied or approved for less than the full amount, the individual shall be entitled to submit additional information; (2) the Secretary may affirm, modify, or revise the former action; and (3) the Secretary's actions in identifying claimants and in disbursing Fund amounts shall be final on all questions of law and fact, and shall not be subject to review by any other U.S. official, agency, or court.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3200 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3200
To establish a fund to make payments to the Americans held hostage in
Iran from 1979 through 1981, and to members of their families, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2013
Mr. Braley of Iowa 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 establish a fund to make payments to the Americans held hostage in
Iran from 1979 through 1981, and to members of their families, 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 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 Americans held hostage in the United States Embassy in
Tehran, Iran, in the Iranian Foreign Ministry in Tehran, Iran, and in
other locations throughout the nation of Iran, between November 3,
1979, and January 20, 1981, 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.
(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 any conduct which
occurs or continues after the date of the
enactment of this Act, even if commenced before
such date of enactment; 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) agreed to by the
United States after the date of the enactment
of this Act.
The amount referred to in clause (ii) shall not include
any amount of judgment or settlement in any action
brought or which could be brought pursuant to section
1605A of title 28, United States Code, or section
1605(a)(7) of title 28, United States Code (as such
section 1605(a)(7) was in effect on the day before the
date of the enactment of National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181)).
(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
$10,000 for each day of captivity of the former
hostage.
(B) To the estate of each deceased former hostage,
$150,000, plus $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) 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) 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) Satisfaction of Claims.--Payments to the Fund shall be made
until the amounts described in subsection (c)(2) are satisfied in full.
In the event that the President determines that--
(1) any of the laws and regulations referenced in
subsection (b)(1)(B) are reduced in scope or effect, or
(2) the amounts described in subsection (c)(2) cannot be
fully satisfied within 2 years after the date of the enactment
of this Act from funds deposited into the Fund,
the President shall propose to Congress a program, either employing
existing authorities or through new legislative initiatives, to ensure
the amounts are satisfied in full within the next 12 months.
(i) 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on the Constitution and Civil Justice.
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