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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3338

 To establish a fund to make payments to the Americans held hostage in 
Iran and their immediate family members, who are identified as members 
of the proposed class in case number 1:00-CV-03110 (EGS) of the United 
   States District Court for the District of Columbia, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Mr. Duffy (for himself, Mr. Connolly, Ms. DelBene, Ms. Ros-Lehtinen, 
Mr. Mulvaney, Mr. Amodei, Mrs. Kirkpatrick, Mr. Bishop of Georgia, Mr. 
Clyburn, Ms. Jackson Lee, Mr. Cole, Mr. Smith of Nebraska, Mr. Ashford, 
Ms. Kuster, Mr. Sherman, Mr. Poliquin, Ms. Brownley of California, Mr. 
 Weber of Texas, Mr. Kilmer, Mr. Jody B. Hice of Georgia, Mr. King of 
 New York, Mr. Benishek, Mr. Westmoreland, and Mr. Knight) introduced 
    the following bill; which was referred to the Committee on the 
  Judiciary, and in addition to the Committees on Foreign Affairs and 
   Ways and Means, 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 and their immediate family members, who are identified as members 
of the proposed class in case number 1:00-CV-03110 (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 2015''.

SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.

    (a) Sense of Congress.--It is the sense of Congress that ensuring 
justice for United States victims of acts of terrorism by Iran who hold 
legal judgments against Iran, and for those who have been denied access 
to such judgments, is of paramount importance and should be 
expeditiously addressed.
    (b) 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 their immediate family members, who are identified as 
        members of the proposed class in case number 1:00-CV-03110 
        (EGS) of the United States District Court for the District of 
        Columbia; and
            (2) satisfying the claims against Iran relating to the 
        taking of hostages and treatment of personnel of the United 
        States embassy in Tehran, Iran, from November 4, 1979, to 
        January 20, 1981.
    (c) 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 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 that provides for a civil or criminal fine 
                or monetary 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 
                (d)(2) have been distributed to all recipients 
                described in that subsection.
                    (D) Rule of construction.--Nothing in this 
                paragraph shall be construed to require a person that 
                is found to have violated a law or regulation specified 
                in subparagraph (B) to pay a surcharge under 
                subparagraph (A) if that person has not been assessed a 
                fine or monetary penalty described in clause (i) of 
                subparagraph (A) or entered in to a settlement 
                described in clause (ii) of that subparagraph for that 
                violation.
            (2) Deposits into fund; availability of amounts.--
                    (A) Deposits.--The Secretary of the Treasury shall 
                deposit into the Fund all surcharges collected pursuant 
                to paragraph (1)(A), all contributions collected 
                pursuant to paragraph (3), and any other resources made 
                available pursuant to paragraph (4).
                    (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 (d).
            (3) Contributions.--The President is authorized to accept 
        such amounts as may be contributed by individuals, business 
        concerns, governments, or other entities for payments under 
        this Act and such amounts may be deposited directly into the 
        Fund.
            (4) Other resources.--The President may identify and use 
        other funds available for compensating claims under this Act 
        and may deposit such amounts into the Fund.
    (d) Distribution of Funds.--
            (1) Administration of fund.--Payments from the Fund shall 
        be administered by the Secretary of State in accordance with 
        such rules and procedures as the Secretary may prescribe.
            (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 
                (b)(1), $6,750 for each day of captivity of the former 
                hostage.
                    (B)(i) Except as provided in clause (ii), to the 
                estate of each deceased former hostage identified as a 
                member of the proposed class described in subsection 
                (b)(1), $6,750 for each day of captivity of the former 
                hostage.
                    (ii) If the estate of a deceased former hostage 
                identified as a member of the proposed class described 
                in subsection (b)(1) has no immediate direct heirs as 
                of the date of the enactment of this Act, amounts from 
                the Fund shall be paid to the heirs at law as 
                determined by the intestacy laws of the State of the 
                deceased former hostage at the time of death of the 
                deceased former hostage.
                    (C) To each spouse of a former hostage identified 
                as a member of the proposed class described in 
                subsection (b)(1) if the spouse is identified as a 
                member of that proposed class, $600,000.
                    (D) To the estate of each deceased spouse of a 
                former hostage identified as a member of the proposed 
                class described in subsection (b)(1) if the spouse is 
                identified as a member of that proposed class, 
                $600,000.
                    (E) To each child of a former hostage identified as 
                a member of the proposed class described in subsection 
                (b)(1) if the child is identified as a member of that 
                proposed class, $600,000.
                    (F) To the estate of each deceased child of a 
                former hostage identified as a member of the proposed 
                class described in subsection (b)(1) if the child is 
                identified as a member of that proposed class, 
                $600,000.
            (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)(i).
                    (C) Third, to each spouse of a former hostage 
                described in paragraph (2)(C).
                    (D) Fourth, to the estate of each deceased spouse 
                of a former hostage described in paragraph (2)(D).
                    (E) Fifth, to each child of a former hostage 
                described in paragraph (2)(E).
                    (F) Sixth, to the estate of each deceased child of 
                a former hostage described in paragraph (2)(F).
                    (G) Seventh, to the heirs at law of the estate of 
                each deceased former hostage described in paragraph 
                (2)(B)(ii).
            (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.
    (e) Preclusion of Future Actions and Release of Claims.--
            (1) Preclusion of future actions.--A recipient of a payment 
        under subsection (d) 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 (b)(2).
            (2) Release of all claims.--Upon the payment of all amounts 
        described in subsection (d)(2) to all recipients described in 
        that subsection, all claims against Iran relating to the events 
        described in subsection (b)(2) shall be deemed waived and 
        forever released.
    (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 (d)(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) No Judicial Review.--Decisions made under this Act shall not be 
subject to review in any judicial, administrative, or other proceeding.
    (h) Tax Treatment of Payments.--
            (1) Individuals.--In the case of an individual described in 
        subsection (d)(2) who receives a payment pursuant to this Act, 
        such payment shall not be subject to any tax under subtitle A 
        of the Internal Revenue Code of 1986 (relating to income 
        taxes).
            (2) Estates.--In the case of an estate described in 
        subsection (d)(2) that receives a payment pursuant to this Act, 
        a transfer of such payment by the estate shall not be subject 
        to any tax imposed by chapter 11 of such Code (relating to 
        estate tax) or chapter 13 of such Code (relating to tax on 
        generation-skipping transfers).
    (i) Report to Congress on Completion of Payments.--Not later than 
60 days after determining that a law or regulation specified in 
subsection (c)(1)(B) is terminated or suspended or that amounts in the 
Fund will be insufficient for the payment of all amounts described in 
subsection (d)(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.
                                 <all>
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