[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1873 Received in Senate (RDS)]

103d CONGRESS
  2d Session
                                H. R. 1873


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, July 11), 1994

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To require certain payments made to victims of Nazi persecution to be 
 disregarded in determining eligibility for and the amount of benefits 
                       or services based on need.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION 
              DISREGARDED IN DETERMINING ELIGIBILITY FOR AND THE AMOUNT 
              OF NEED-BASED BENEFITS AND SERVICES.

    (a) In General.--Payments made to individuals because of their 
status as victims of Nazi persecution shall 
be disregarded in determining eligibility for and the amount of 
benefits or services to be provided under any Federal or federally 
assisted program which provides xbenefits or services based, in whole 
or in part, on need.
    (b) Applicability.--Subsection (a) shall apply to determinations 
made on or after the date of the enactment of this Act with respect to 
payments referred to in subsection (a) made before, on, or after such 
date.
    (c) Prohibition Against Recovery of Value of Excessive Benefits or 
Services Provided Due to Failure to Take Account of Certain Payments 
Made to Victims of Nazi Persecution.--No officer, agency, or 
instrumentality of any government may attempt to recover the value of 
excessive benefits or services provided before the date of the 
enactment of this Act under any program referred to in subsection (a) 
by reason of any failure to take account of payments referred to in 
subsection (a).
    (d) Notice to Individuals Who May Have Been Denied Eligibility for 
Benefits or Services Due to the Failure to Disregard Certain Payments 
Made to Victims of Nazi Persecution.--Any agency of government that has 
not disregarded payments referred to in subsection (a) in determining 
eligibility for a program referred to in subsection (a) shall make a 
good faith effort to notify any individual who may have been denied 
eligibility for benefits or services under the program of the potential 
eligibility of the individual for such benefits or services.
    (e) Repayment of Additional Rent Paid Under HUD Housing Programs 
Because of Failure to Disregard Reparation Payments.--
            (1) Authority.--To the extent that amounts are provided in 
        appropriation Acts for payments under this subsection, the 
        Secretary of Housing and Urban Development shall make payments 
        to qualified individuals in the amount determined under 
        paragraph (3).
            (2) Qualified individuals.--For purposes of this 
        subsection, the term ``qualified individual'' means an 
        individual who--
                    (A) has received any payment because of the 
                individual's status as a victim of Nazi persecution;
                    (B) at any time during the period beginning on 
                February 1, 1993 and ending on April 30, 1993, resided 
                in a dwelling unit in housing assisted under any 
                program for housing assistance of the Department of 
                Housing and Urban Development under which rent payments 
                for the unit were determined based on or taking into 
                consideration the income of the occupant of the unit;
                    (C) paid rent for such dwelling unit for any 
                portion of the period referred to in subparagraph (B) 
                in an amount determined in a manner that did not 
                disregard the payment referred to in subparagraph (A); 
                and
                    (D) has submitted a claim for payment under this 
                subsection as required under paragraph (4).
        The term does not include the successors, heirs, or estate of 
        an individual meeting the requirements of the preceding 
        sentence.
            (3) Amount of payment.--The amount of a payment under this 
        subsection for a qualified individual shall be equal to the 
        difference between--
                    (A) the sum of the amount of rent paid by the 
                individual for rental of the dwelling unit of the 
                individual assisted under a program for housing 
                assistance of the Department of Housing and Urban 
                Development, for the period referred to in paragraph 
                (2)(B), and
                    (B) the sum of the amount of rent that would have 
                been payable by the individual for rental of such 
                dwelling unit for such period if the payments referred 
                to in paragraph (2)(A) were disregarded in determining 
                the amount of rent payable by the individual for such 
                period.
            (4) Submission of claims.--A payment under this subsection 
        for an individual may be made only pursuant to a written claim 
        for such payment by such individual submitted to the Secretary 
        of Housing and Urban Development in the form and manner 
        required by the Secretary before--
                    (A) in the case of any individual notified by the 
                Department of Housing and Urban Development orally or 
                in writing that such specific individual is eligible 
                for a payment under this subsection, the expiration of 
                the 6-month period beginning on the date of receipt of 
                such notice; and
                    (B) in the case of any other individual, the 
                expiration of the 12-month period beginning on the date 
                of the enactment of this Act.

            Passed the House of Representatives July 12, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.