Justice for Former American Hostages in Iran Act of 2013

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.

Summary: 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 US 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 US official, agency, or court.