I 

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. 


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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 2015’’. 

6 SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION 

7 FUND. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that ensuring justice for United States victims of 

10 acts of terrorism by Iran who hold legal judgments against 

11 Iran, and for those who have been denied access to such 

12 judgments, is of paramount importance and should be ex13 peditiously addressed. 

14 (b) ESTABLISHMENT.—There is established in the 

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

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

17 as the ‘‘Fund’’), for the purposes of— 

18 (1) making payments to the Americans held 

19 hostage in Iran and their immediate family mem20 bers, who are identified as members of the proposed 

21 class in case number 1:00–CV–03110 (EGS) of the 

22 United States District Court for the District of Co23 lumbia; and 

24 (2) satisfying the claims against Iran relating 

25 to the taking of hostages and treatment of personnel 


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•HR 3338 IH

1 of the United States embassy in Tehran, Iran, from 

2 November 4, 1979, to January 20, 1981. 

3 (c) FUNDING.— 

4 (1) IMPOSITION OF SURCHARGE.— 

5 (A) IN GENERAL.—There is imposed a sur6 charge equal to 30 percent of the amount of— 

7 (i) any fine or monetary penalty im8 posed, in whole or in part, for a violation 

9 of a law or regulation specified in subpara10 graph (B) committed on or after the date 

11 of the enactment of this Act; or 

12 (ii) the monetary amount of a settle13 ment entered into by a person with respect 

14 to a suspected violation of a law or regula15 tion specified in subparagraph (B) related 

16 to activities undertaken on or after such 

17 date of enactment. 

18 (B) LAWS AND REGULATIONS SPECI19 FIED.—A law or regulation specified in this 

20 subparagraph is any law or regulation that pro21 vides for a civil or criminal fine or monetary 

22 penalty for any economic activity relating to 

23 Iran that is administered by the Department of 

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•HR 3338 IH

1 partment of Justice, the Department of Com2 merce, or the Department of Energy. 

3 (C) TERMINATION OF DEPOSITS.—The im4 position of the surcharge under subparagraph 

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

6 amounts described in subsection (d)(2) have 

7 been distributed to all recipients described in 

8 that subsection. 

9 (D) RULE OF CONSTRUCTION.—Nothing in 

10 this paragraph shall be construed to require a 

11 person that is found to have violated a law or 

12 regulation specified in subparagraph (B) to pay 

13 a surcharge under subparagraph (A) if that 

14 person has not been assessed a fine or mone15 tary penalty described in clause (i) of subpara16 graph (A) or entered in to a settlement de17 scribed in clause (ii) of that subparagraph for 

18 that violation. 

19 (2) DEPOSITS INTO FUND; AVAILABILITY OF

20 AMOUNTS.— 

21 (A) DEPOSITS.—The Secretary of the 

22 Treasury shall deposit into the Fund all sur23 charges collected pursuant to paragraph (1)(A), 

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1 graph (3), and any other resources made avail2 able pursuant to paragraph (4). 

3 (B) PAYMENT OF SURCHARGE TO SEC4 RETARY OF THE TREASURY.—A person upon 

5 which a surcharge is imposed under paragraph 

6 (1)(A) shall pay the surcharge to the Secretary 

7 without regard to whether the fine or penalty 

8 with respect to which the surcharge is im9 posed— 

10 (i) is paid directly to the Federal 

11 agency that administers the law or regula12 tion pursuant to which the fine or penalty 

13 is imposed; or 

14 (ii) is deemed satisfied by a payment 

15 to another Federal agency. 

16 (C) AVAILABILITY OF AMOUNTS IN

17 FUND.—Amounts in the Fund shall be avail18 able, without further appropriation, to make 

19 payments under subsection (d). 

20 (3) CONTRIBUTIONS.—The President is author21 ized to accept such amounts as may be contributed 

22 by individuals, business concerns, governments, or 

23 other entities for payments under this Act and such 

24 amounts may be deposited directly into the Fund. 


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1 (4) OTHER RESOURCES.—The President may 

2 identify and use other funds available for compen3 sating claims under this Act and may deposit such 

4 amounts into the Fund. 

5 (d) DISTRIBUTION OF FUNDS.— 

6 (1) ADMINISTRATION OF FUND.—Payments 

7 from the Fund shall be administered by the Sec8 retary of State in accordance with such rules and 

9 procedures as the Secretary may prescribe. 

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

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

12 following recipients in the following amounts: 

13 (A) To each living former hostage identi14 fied as a member of the proposed class de15 scribed in subsection (b)(1), $6,750 for each 

16 day of captivity of the former hostage. 

17 (B)(i) Except as provided in clause (ii), to 

18 the estate of each deceased former hostage 

19 identified as a member of the proposed class de20 scribed in subsection (b)(1), $6,750 for each 

21 day of captivity of the former hostage. 

22 (ii) If the estate of a deceased former hos23 tage identified as a member of the proposed 

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1 ment of this Act, amounts from the Fund shall 

2 be paid to the heirs at law as determined by the 

3 intestacy laws of the State of the deceased 

4 former hostage at the time of death of the de5 ceased former hostage. 

6 (C) To each spouse of a former hostage 

7 identified as a member of the proposed class de8 scribed in subsection (b)(1) if the spouse is 

9 identified as a member of that proposed class, 

10 $600,000. 

11 (D) To the estate of each deceased spouse 

12 of a former hostage identified as a member of 

13 the proposed class described in subsection 

14 (b)(1) if the spouse is identified as a member 

15 of that proposed class, $600,000. 

16 (E) To each child of a former hostage 

17 identified as a member of the proposed class de18 scribed in subsection (b)(1) if the child is iden19 tified as a member of that proposed class, 

20 $600,000. 

21 (F) To the estate of each deceased child of 

22 a former hostage identified as a member of the 

23 proposed class described in subsection (b)(1) if 

24 the child is identified as a member of that pro25 posed class, $600,000. 


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

2 be distributed under paragraph (2) in the following 

3 order: 

4 (A) First, to each living former hostage de5 scribed in paragraph (2)(A). 

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

7 former hostage described in paragraph 

8 (2)(B)(i). 

9 (C) Third, to each spouse of a former hos10 tage described in paragraph (2)(C). 

11 (D) Fourth, to the estate of each deceased 

12 spouse of a former hostage described in para13 graph (2)(D). 

14 (E) Fifth, to each child of a former hos15 tage described in paragraph (2)(E). 

16 (F) Sixth, to the estate of each deceased 

17 child of a former hostage described in para18 graph (2)(F). 

19 (G) Seventh, to the heirs at law of the es20 tate of each deceased former hostage described 

21 in paragraph (2)(B)(ii). 

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

23 recipient from the Fund under paragraph (2) shall 

24 be made only after receiving the consent of the re25 cipient. 


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1 (e) PRECLUSION OF FUTURE ACTIONS AND RELEASE

2 OF CLAIMS.— 

3 (1) PRECLUSION OF FUTURE ACTIONS.—A re4 cipient of a payment under subsection (d) may not 

5 file or maintain an action against Iran in any Fed6 eral or State court for any claim relating to the 

7 events described in subsection (b)(2). 

8 (2) RELEASE OF ALL CLAIMS.—Upon the pay9 ment of all amounts described in subsection (d)(2) 

10 to all recipients described in that subsection, all 

11 claims against Iran relating to the events described 

12 in subsection (b)(2) shall be deemed waived and for13 ever released. 

14 (f) DEPOSIT OF REMAINING FUNDS INTO THE

15 TREASURY.— 

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

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

18 shall be deposited in the general fund of the Treas19 ury. 

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

21 this paragraph is the later of— 

22 (A) the date on which all amounts de23 scribed in subsection (d)(2) have been made to 

24 all recipients described in that subsection; or 


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

2 of the enactment of this Act. 

3 (g) NO JUDICIAL REVIEW.—Decisions made under 

4 this Act shall not be subject to review in any judicial, ad5 ministrative, or other proceeding. 

6 (h) TAX TREATMENT OF PAYMENTS.— 

7 (1) INDIVIDUALS.—In the case of an individual 

8 described in subsection (d)(2) who receives a pay9 ment pursuant to this Act, such payment shall not 

10 be subject to any tax under subtitle A of the Inter11 nal Revenue Code of 1986 (relating to income 

12 taxes). 

13 (2) ESTATES.—In the case of an estate de14 scribed in subsection (d)(2) that receives a payment 

15 pursuant to this Act, a transfer of such payment by 

16 the estate shall not be subject to any tax imposed 

17 by chapter 11 of such Code (relating to estate tax) 

18 or chapter 13 of such Code (relating to tax on gen19 eration-skipping transfers). 

20 (i) REPORT TO CONGRESS ON COMPLETION OF PAY21 MENTS.—Not later than 60 days after determining that 

22 a law or regulation specified in subsection (c)(1)(B) is ter23 minated or suspended or that amounts in the Fund will 

24 be insufficient for the payment of all amounts described 

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1 section by the date that is 444 days after the date of the 

2 enactment of this Act, the Secretary of State shall submit 

3 to Congress recommendations to expedite the completion 

4 of the payment of those amounts. 

Æ 


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