I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Former 

5 American Hostages in Iran Act of 2013’’. 


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1 SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION 

2 FUND. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury a fund, to be known as the ‘‘American Hostages 

5 in Iran Compensation Fund’’ (in this section referred to 

6 as the ‘‘Fund’’) for the purpose of making payments to 

7 the Americans held hostage in the United States Embassy 

8 in Tehran, Iran, in the Iranian Foreign Ministry in 

9 Tehran, Iran, and in other locations throughout the nation 

10 of Iran, between November 3, 1979, and January 20, 

11 1981, and to members of their families, who are identified 

12 as members of the proposed class in case number 1:08– 

13 CV–00487 (EGS) of the United States District Court for 

14 the District of Columbia. 

15 (b) FUNDING.— 

16 (1) IMPOSITION OF SURCHARGE.— 

17 (A) IN GENERAL.—There is imposed a sur18 charge equal to 30 percent of the amount of— 

19 (i) any fine or monetary penalty as20 sessed, in whole or in part, on a person for 

21 a violation of a law or regulation specified 

22 in subparagraph (B) related to any con23 duct which occurs or continues after the 

24 date of the enactment of this Act, even if 

25 commenced before such date of enactment; 

26 or 


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1 (ii) the monetary amount of a settle2 ment entered into by a person with respect 

3 to a suspected violation of a law or regula4 tion specified in subparagraph (B) agreed 

5 to by the United States after the date of 

6 the enactment of this Act. 

7 The amount referred to in clause (ii) shall not 

8 include any amount of judgment or settlement 

9 in any action brought or which could be 

10 brought pursuant to section 1605A of title 28, 

11 United States Code, or section 1605(a)(7) of 

12 title 28, United States Code (as such section 

13 1605(a)(7) was in effect on the day before the 

14 date of the enactment of National Defense Au15 thorization Act for Fiscal Year 2008 (Public 

16 Law 110–181)). 

17 (B) LAWS AND REGULATIONS SPECI18 FIED.—A law or regulation specified in this 

19 subparagraph is any law or regulation that pro20 vides for a civil or criminal fine or other mone21 tary penalty for any economic activity relating 

22 to Iran that is administered by the Department 

23 of the Treasury, the Department of Justice, or 

24 the Department of Commerce. 


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1 (C) TERMINATION OF DEPOSITS.—The im2 position of the surcharge under subparagraph 

3 (A) shall terminate on the date on which all 

4 amounts described in subsection (c)(2) have 

5 been distributed to all recipients described in 

6 that subsection. 

7 (2) DEPOSITS INTO FUND; AVAILABILITY OF

8 AMOUNTS.— 

9 (A) DEPOSITS.—All surcharges collected 

10 pursuant to paragraph (1)(A) shall be deposited 

11 into the Fund. 

12 (B) PAYMENT OF SURCHARGE.—A person 

13 on whom a surcharge is imposed under para14 graph (1)(A) shall pay the surcharge to the 

15 Fund without regard to whether the fine, pen16 alty, or settlement to which the surcharge ap17 plies— 

18 (i) is paid directly to the Federal 

19 agency that administers the relevant law or 

20 regulation specified in paragraph (1)(B); 

21 or 

22 (ii) is deemed satisfied by a payment 

23 to another Federal agency. 

24 (C) CONTRIBUTIONS.—The Secretary of 

25 State is authorized to accept such amounts as 


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1 may be contributed by individuals, business 

2 concerns, foreign governments, or other entities 

3 for payments under this Act. Such amounts 

4 shall be deposited directly into the Fund. 

5 (D) AVAILABILITY OF AMOUNTS IN

6 FUND.—Amounts in the Fund shall be avail7 able, without further appropriation, to make 

8 payments under subsection (c). 

9 (c) DISTRIBUTION OF FUNDS.— 

10 (1) ADMINISTRATION OF FUND.—Payments 

11 from the Fund shall be administered by the Sec12 retary of State, pursuant to such rules and processes 

13 as the Secretary, in the Secretary’s sole discretion, 

14 may establish. 

15 (2) PAYMENTS.—Subject to paragraphs (3) and 

16 (4), payments shall be made from the Fund to the 

17 following recipients in the following amounts: 

18 (A) To each living former hostage, 

19 $150,000, plus $10,000 for each day of cap20 tivity of the former hostage. 

21 (B) To the estate of each deceased former 

22 hostage, $150,000, plus $10,000 for each day 

23 of captivity of the former hostage. 

24 (C) To each spouse or child of a former 

25 hostage identified as a member of the proposed 


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1 class described in subsection (a) if the spouse 

2 or child is identified as a member of that pro3 posed class, $5,000 for each day of captivity of 

4 the former hostage. 

5 (3) PRIORITY.—Payments from the Fund shall 

6 be distributed under paragraph (2) in the following 

7 order: 

8 (A) First, to each living former hostage de9 scribed in paragraph (2)(A). 

10 (B) Second, to the estate of each deceased 

11 former hostage described in paragraph (2)(B). 

12 (C) Third, to each spouse or child of a 

13 former hostage described in paragraph (2)(C). 

14 (4) CONSENT OF RECIPIENT.—A payment to a 

15 recipient from the Fund under paragraph (2) shall 

16 be made only after receiving the consent of the re17 cipient. 

18 (d) WAIVER.—A recipient of a payment under sub19 section (c) shall waive and forever release all existing 

20 claims against Iran and the United States arising out of 

21 the events described in subsection (a). 

22 (e) NOTIFICATION OF CLAIMANTS; LIMITATION ON

23 REVIEW.— 

24 (1) NOTIFICATION.—The Secretary of State 

25 shall notify, in a reasonable manner, each individual 


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1 qualified to receive a payment under subsection (c) 

2 of the status of the individual’s claim for such a 

3 payment. 

4 (2) SUBMISSION OF ADDITIONAL INFORMA5 TION.—If the claim of an individual to receive a pay6 ment under subsection (c) is denied, or is approved 

7 for payment of less than the full amount of the 

8 claim, the individual shall be entitled to submit to 

9 the Secretary additional information with respect to 

10 the claim. Upon receipt and consideration of that in11 formation, the Secretary may affirm, modify, or re12 vise the former action of the Secretary with respect 

13 to the claim. 

14 (3) LIMITATION ON REVIEW.—The actions of 

15 the Secretary in identifying qualifying claimants and 

16 in disbursing amounts from the Fund shall be final 

17 and conclusive on all questions of law and fact and 

18 shall not be subject to review by any other official, 

19 agency, or establishment of the United States or by 

20 any court by mandamus or otherwise. 

21 (f) DEPOSIT OF REMAINING FUNDS INTO THE

22 TREASURY.— 

23 (1) IN GENERAL.—Any amounts remaining in 

24 the Fund after the date specified in paragraph (2) 


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1 shall be deposited in the general fund of the Treas2 ury. 

3 (2) DATE SPECIFIED.—The date specified in 

4 this paragraph is the later of— 

5 (A) the date on which all amounts de6 scribed in subsection (c)(2) have been made to 

7 all recipients described in that subsection; or 

8 (B) the date that is 5 years after the date 

9 of the enactment of this Act. 

10 (g) REPORT TO CONGRESS.—Not later than one year 

11 after the date of the enactment of this Act, and annually 

12 thereafter until the date specified in subsection (f)(2), the 

13 Secretary of State shall submit to the appropriate congres14 sional committees a report on the status of the Fund, in15 cluding— 

16 (1) the amounts and sources of money depos17 ited into the Fund; 

18 (2) the rules and processes established to ad19 minister the Fund; and 

20 (3) the distribution of payments from the Fund. 

21 (h) SATISFACTION OF CLAIMS.—Payments to the 

22 Fund shall be made until the amounts described in sub23 section (c)(2) are satisfied in full. In the event that the 

24 President determines that— 


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1 (1) any of the laws and regulations referenced 

2 in subsection (b)(1)(B) are reduced in scope or ef3 fect, or 

4 (2) the amounts described in subsection (c)(2) 

5 cannot be fully satisfied within 2 years after the 

6 date of the enactment of this Act from funds depos7 ited into the Fund, 

8 the President shall propose to Congress a program, either 

9 employing existing authorities or through new legislative 

10 initiatives, to ensure the amounts are satisfied in full with11 in the next 12 months. 

12 (i) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Relations 

17 and the Committee on Banking, Housing, and 

18 Urban Affairs of the Senate; and 

19 (B) the Committee on Foreign Affairs and 

20 the Committee on Financial Services of the 

21 House of Representatives. 

22 (2) PERSON.—The term ‘‘person’’ includes any 

23 individual or entity subject to the civil or criminal 

24 jurisdiction of the United States. 

Æ 


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