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 the 52 Americans held hostage in the U.S. embassy in Tehran, Iran, from November 3, 1979-January 20, 1981.
Imposes a surcharge, to be deposited into the Fund, of 30% on the amount of: (1) any fine or monetary penalty assessed on a person for violation of a law or regulation penalizing any economic activity relating to Iran that is administered by the Department of the Treasury, the Department of Justice (DOJ), or the Department of Commerce; or (2) the monetary amount of a settlement entered into by a person regarding a suspected violation of such a law or regulation.
Requires Fund payments of $150,000 plus $5,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage.
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 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.
Directs the Secretary to report annually to Congress on the status of the Fund until the date: (1) on which all amounts have been made to all recipients, or (2) five years after the date of enactment of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 559 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 559
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 and Mr. Blumenthal) 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 1:08-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,
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 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) Funding.--
(1) Imposition of surcharge.--
(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.
(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 an agent the members of the
proposed class designate for the purpose of administering
payments from the Fund.
(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 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) 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) 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Foreign Relations. Reported by Senator Menendez with an amendment in the nature of a substitute and an amendment to the title. With written report No. 113-104.
Committee on Foreign Relations. Reported by Senator Menendez with an amendment in the nature of a substitute and an amendment to the title. With written report No. 113-104.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 183.
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