,i #aacth ,,congress #ast ,session ,h4 ,r4 #ijd ,,in ,,the ,,house ,,of ,,representatives ,february #bh1 #bjac ,mr4 ,braley of ,iowa 7for himself and ,ms4 ,ros-,lehtinen7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a common fund to pay claims to the ,americans held hostage in ,iran1 and to members of their families1 who are identified as class members in case number #a3jh-;,,cv-#jjdhg 7,,egs7 of the ,united ,states ,district ,court for the ,district of ,columbia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice for the ,american ,diplomats ,held ,hostage in ,tehran ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in #aigi1 agents of the ,islamic ,republic of ,iran stormed the ,united ,states ,embassy in ,tehran1 taking ,american military and diplomatic personnel hostage4 7#b7 ,the ,iranian ,government then held ,united ,states ,embassy personnel as hostages for #ddd days1 subjecting them to profound physical and mental abuse1 and forcing the ,united ,states to negotiate their release1 under duress4 7#c7 ,in the resultant agreement 7commonly known as the ,algiers ,accords7 the ,united ,states agreed1 among other steps1 to bar and preclude the hostages from prosecuting any claim against ,iran in ,united ,states courts4 7#d7 ,the ,algiers ,accords were never submitted to ,congress for ratification and none of the hostages or their family members was consulted by the ,united ,states ,government or consented to these provisions precluding prosecution of their claims4 7#e7 ,notwithstanding the applicability of legal principles which allowed the ,united ,states to renounce this obligation to bar and preclude the prosecution of claims in ,united ,states courts because they were so clearly negotiated under duress1 the ,united ,states ,government has repeatedly intervened in ,united ,states courts to preclude the prosecution of any claim by the hostages against ,iran1 arguing that1 in its opinion1 compliance with this agreement served overriding national security interests which justified the taking of the hostages' right to pursue compensation from ,iran in ,united ,states courts4 7#f7 ,the ,united ,states ,government has failed to propose any process by which the hostages and their family members could be compensated for the injuries and damages suffered by them by reason of the horrific and heinous treatment while in captivity4 7#g7 ,congress has determined that the provision of compensation to the hostages and their families through1 among other sources1 funds obtained by vesting and liquidating property in which ,iran and its surrogates claim an interest 7including any funds held by the ,united ,states1 including in trust7 is fully consistent with the ,algiers ,accords4 7#h7 ,congress has determined that1 only upon the payment of such compensation1 should the agreement by the ,united ,states ,government to bar and preclude prosecution of such claims in ,united ,states courts be confirmed and ratified by legislation1 notwithstanding the duress under which the ,united ,states originally negotiated that agreement4 #c4 ,justice for former ,american hostages in ,iran 7a7 ,common fund for hostages ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,state1 shall establish a common fund to be administered by the class representatives and agents for the former ,american hostages in ,iran and their survivors 7as identified in case number #a3jh-;,,cv-#jjdhg 7,,egs7 of the ,united ,district ,court for the ,district of ,columbia74 ,such common fund shall-- 7#a7 be administered to pay claims to the ,americans held hostage in ,iran1 and to members of their families1 who are identified as class members in case number #a3jh-;,,cv-#jjdhg 7,,egs7 of the ,united ,states ,district ,court for the ,district of ,columbia2 and 7#b7 be administered for purposes of satisfying such claims1 as approved by the class representatives and agents identified in that case number4 7b7 ,funding 7#a7 ,sources 7,a7 ,fines and penalties 7i7 ,in general ,the ,president shall pay to the fund under subsection 7a7 an amount equal to #ej percent of all amounts collected as fines and penalties by reason of the application of clause 7ii7 on or after the date of enactment of this ,act4 ,the total amount of payments that may be made into the fund under this clause may not exceed the estimated total amount of payments to be made under subsection 7d74 7ii7 ,fines and penalties ,the maximum fines and penalties authorized to be imposed1 in whole or in part1 for violations of any conduct or activities with respect to any government or person by reason of their connection with or sponsorship by ,iran are hereby increased by #ajj percent4 7,b7 ,seized or frozen assets ,the ,president is authorized to pay to the fund under subsection 7a7-- 7i7 any funds or property in which ,iran has an interest1 and 7ii7 any funds or property in which any person or entity subject to any law providing for sanctions against ,iran by reason of such person's or entity's relationship to or connection with ,iran has an interest1 held by the ,united ,states 7including in the form of a trust7 or subject to any prohibition or regulation with respect to any financial transactions in connection therewith4 ,the ,president is authorized to vest and liquidate any property identified in this subparagraph in order to make payment as provided in this subparagraph4 7#b7 ,timing of funding ,payments of claims from the fund under subsection 7a7-- 7,a7 using funds held by the ,united ,states or funds that become subject to prohibition or regulation as of the date of enactment of this ,act shall be made not later than #fj days of the date of enactment of this ,act2 and 7,b7 using funds which come into the possession of the ,united ,states or funds that become subject to prohibition or regulation after the date of enactment of this ,act shall be paid not later than #fj days after coming into the possession of the ,united ,states or funds that become subject to prohibition or regulation1 as the case may be4 7#c7 ,satisfaction of claims ,payments to the fund under subsection 7a7 shall be made until the amounts described in subsection 7d7 are satisfied in full4 ,if the ,president determines that the amounts can be fully satisfied within #a year after the date of enactment of this ,act from funds other than those held by the ,united ,states as trustee1 the ,president may defer payment of funds held by the ,united ,states as trustee until one year after such date of enactment1 but shall ensure during such #a-year period of deferral that any such funds held by the ,united ,states as trustee shall not be disbursed1 transferred or otherwise constrained for payment as otherwise may be required under this ,act4 7c7 ,distribution of funds 7#a7 ,in general ,funds paid to the fund under subsection 7b7 shall be distributed by the class representatives and agents to the former ,american hostages in ,iran and their survivors 7as identified in case number #a3jh-;,,cv-#jjdhg 7,,egs7 of the ,united ,states ,district ,court for the ,district of ,columbia7 in the amounts described in subsection 7d74 7#b7 ,priority ,subject to subsection 7d71 payments from funds paid to the fund under subsection 7b7 shall be distributed as follows3 7,a7 ,first1 to each living former hostage identified as a class member under subsection 7a77#a74 7,b7 ,second1 to the estate of each deceased former hostage identified as a class member under subsection 7a77#a74 7,c7 ,third1 to each spouse or child of a former hostage identified as a class member under subsection 7a77#a7 if the spouse or child is identified as a class member under subsection 7a77#a74 7d7 ,amount of payments ,the amount of payments from funds paid to the fund under subsection 7b7 shall be distributed as follows3 7#a7 ,for each former hostage described in subsection 7c77#b77;,a71 #aj1jjj for each day of captivity of the former hostage4 7#b7 ,for the estate of each deceased former hostage described in subsection 7c77#b77;,b71 #aj1jjj for each day of captivity of the former hostage4 7#c7 ,for each spouse or child of a former hostage described in subsection 7c77#b77;,c71 #e1jjj for each day of captivity of the former hostage4 7e7 ,subrogation ,the ,united ,states shall be fully subrogated1 with respect to payments under this ,act1 to all rights of each individual paid under subsection 7d7 against the ,government of ,iran or the ,iranian ,revolutionary ,guard ,corps or its affiliates or agents4 ,the ,president shall pursue these subrogated rights as claims or offsets of the ,united ,states in appropriate ways until such subrogated claims have been resolved to the satisfaction of the ,united ,states4 7f7 ,preclusion of ,suit and ,waiver of ,claims ,upon payment of all amounts described in subsection 7d71 each person receiving such payment shall be precluded from bringing suit against ,iran of any claim arising out of events occurring between ,november #c1 #aigi1 and ,january #bj1 #aiha1 and all such claims as against ,iran shall be deemed waived and forever released4 7g7 ,reimbursement of seized or frozen assets ,upon payment of all amounts described in subsection 7d71 the ,president is authorized to make payments from amounts paid to the fund under subsection 7b77#a77;,a7 to any person or entity described in subsection 7b77#a77;,b7 for purposes of reimbursing such person or entity for funds or property of such person or entity held by the ,united ,states as identified in subsection 7b77#a77;,b74 7h7 ,deposit of funds in the ,treasury ,any amounts in the fund under subsection 7a7 which remain after the date on which payments of all amounts described in subsection 7d7 are made1 or the date that is #b years after the date of the enactment of this ,act1 whichever occurs later1 shall be deposited in the ,treasury of the ,united ,states4