S.Amdt. 2363

1. Adds SEC. 1237. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND at the end of subtitle C of title XII

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

   Inserted: SEC. 1237. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.

   Inserted: (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 52 Americans held hostage in the United States embassy in Tehran, Iran, between November 3, 1979, and January 20, 1981 (in this section referred to as the "former hostages").

   Inserted: (b) Funding.--

   Inserted: (1) Imposition of surcharge.--

   Inserted: (A) In general.--Except as provided in subparagraph (C), there is imposed a surcharge equal to 30 percent of the amount of--

   Inserted: (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 activities undertaken on or after the date of the enactment of this Act; or

   Inserted: (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.

   Inserted: (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.

   Inserted: (C) Exceptions.--The surcharge imposed under subparagraph (A) shall not apply to the amount of--

   Inserted: (i) any property of Iran or any agency or instrumentality of Iran recovered by the United States through forfeiture; or

   Inserted: (ii) any judgment or settlement in any action brought pursuant to--

   Inserted: (I) section 1605A of title 28, United States Code; or

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   Inserted: (II) section 1605(a)(7) of such title (as in effect on the day before the date of the enactment of National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 3)).

   Inserted: (D) 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 as specified in that subsection.

   Inserted: (2) Deposits into fund; availability of amounts.--

   Inserted: (A) Deposits.--All surcharges collected pursuant to paragraph (1)(A) shall be deposited into the Fund.

   Inserted: (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--

   Inserted: (i) is paid directly to the Federal agency that administers the relevant law or regulation specified in paragraph (1)(B); or

   Inserted: (ii) is deemed satisfied by a payment to another Federal agency.

   Inserted: (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.

   Inserted: (D) Availability of amounts in fund.--Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (c).

   Inserted: (c) Distribution of Funds.--

   Inserted: (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.

   Inserted: (2) Payments.--Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts:

   Inserted: (A) To each living former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage.

   Inserted: (B) To the estate of each deceased former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage.

   Inserted: (3) Priority.--Payments from the Fund shall be distributed under paragraph (2) in the following order:

   Inserted: (A) First, to each living former hostage described in paragraph (2)(A).

   Inserted: (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B).

   Inserted: (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.

   Inserted: (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).

   Inserted: (e) Notification of Claimants; Limitation on Review.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (f) Deposit of Remaining Funds Into the Treasury.--

   Inserted: (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.

   Inserted: (2) Date specified.--The date specified in this paragraph is the later of--

   Inserted: (A) the date on which all amounts described in subsection (c)(2) have been made to all recipients described in that subsection; or

   Inserted: (B) the date that is 5 years after the date of the enactment of this Act.

   Inserted: (g) Plan for Ensuring Satisfaction of Claims.--

   Inserted: (1) In general.--The President shall submit to Congress a plan to ensure that all recipients described in subsection (c)(2) receive all payments as specified in that subsection by the end of the 1-year period beginning on the date of the submission of the plan if the President determines that--

   Inserted: (A) the scope or effect of any law or regulation specified in subsection (b)(1)(B) is reduced; or

   Inserted: (B) all amounts described in subsection (c)(2) cannot be distributed to all recipients as specified in that subsection from funds deposited into the Fund under subsection (b) by the date that is 2 years after the date of the enactment of this Act.

   Inserted: (2) Specification of need for congressional action.--The President shall specify in the plan required by paragraph (1) if action by Congress is required to implement the plan.

   Inserted: (h) 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--

   Inserted: (1) the amounts and sources of money deposited into the Fund;

   Inserted: (2) the rules and processes established to administer the Fund; and

   Inserted: (3) the distribution of payments from the Fund.

   Inserted: (i) Definitions.--In this section:

   Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

   Inserted: (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

   Inserted: (2) Person.--The term "person" includes any individual or entity subject to the civil or criminal jurisdiction of the United States.

   Original wording

   At the end of subtitle C of title XII, add the following:

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As printed