Sec. 122. American Hostages in Iran Compensation Fund
990 words·~5 min read·
/bill/114/s/1635/pcs/section-122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 relating to such acts is of paramount importance and should be expeditiously addressed. 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— making payments to the Americans held hostage in Iran and their spouses 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 satisfying claims against Iran relating to the taking of hostages and treatment of personnel of the United States embassy in Tehran, Iran, between November 3, 1979, and January 20, 1981. There is imposed a surcharge equal to 30 percent of the amount of— 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 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. 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. 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. 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 into a settlement described in clause
(ii)of that subparagraph for that violation. The Secretary of the Treasury shall deposit in the Fund all surcharges collected pursuant to paragraph (1)(A), all contributions collected pursuant to paragraph (3), and any other funds made available pursuant to paragraph (4). 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— is paid directly to the Federal agency that administers the law or regulation pursuant to which the fine or penalty is imposed; or is deemed satisfied by a payment to another Federal agency. Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (d). The President may accept such amounts as may be contributed by individuals, business concerns, governments, or other entities for payments under this section and deposit such amounts into the Fund. The President may identify and use other funds available for compensating claims under this section and deposit such amounts into the 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. Subject to paragraphs
(3)and (4), payments shall be made from the Fund to the following recipients in the following amounts: 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. 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. 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. Payments from the Fund shall be distributed under paragraph
(2)in the following order: First, to each living former hostage described in paragraph (2)(A). Second, to the estate of each deceased former hostage described in paragraph (2)(B). Third, to each spouse of a former hostage described in paragraph (2)(C). A payment to a recipient from the Fund under paragraph
(2)shall be made only after receiving the consent of the recipient. 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). 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. Any amounts remaining in the Fund after the date specified in paragraph
(2)shall be deposited in the general fund of the Treasury. The date specified in this paragraph is the later of— the date on which all amounts described in subsection (d)(2) have been made to all recipients described in that subsection; or the date that is 5 years after the date of the enactment of this Act. Decisions made under this section shall not be subject to review in any judicial, administrative, or other proceeding. 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.