[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1788 Reported in House (RH)]





                                                 Union Calendar No. 207

106th CONGRESS

  1st Session

                               H. R. 1788

                  [Report No. 106-321, Parts I and II]

_______________________________________________________________________

                                 A BILL

To deny Federal public benefits to individuals who participated in Nazi 
                              persecution.

_______________________________________________________________________

                           September 14, 1999

              Reported from the Committee on the Judiciary

                            October 6, 1999

  Reported from the Committee on Government Reform with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed





                                                 Union Calendar No. 207
106th CONGRESS
  1st Session
                                H. R. 1788

                  [Report No. 106-321, Parts I and II]

To deny Federal public benefits to individuals who participated in Nazi 
                              persecution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1999

   Mr. Franks of New Jersey (for himself, Mr. Frelinghuysen, and Mr. 
   Lantos) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Government Reform, 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

                           September 14, 1999

              Reported from the Committee on the Judiciary

                           September 14, 1999

 Referral to the Committee on Government Reform extended for a period 
                 ending not later than October 1, 1999

                            October 1, 1999

 Referral to the Committee on Government Reform extended for a period 
                 ending not later than October 6, 1999

                            October 6, 1999

    Additional sponsors: Mr. Ballenger, Mr. Frost, Mr. Sanford, Ms. 
  Schakowsky, Mr. Brown of California, Mr. Kasich, Mr. Lipinski, Mr. 
 Weiner, Mr. LoBiondo, Mr. Waxman, Mrs. Myrick, Mr. Snyder, Mr. Doyle, 
Mr. Gonzalez, Mr. English, Mr. Sherman, Mr. Gutierrez, Mr. Hastings of 
 Florida, Mr. McNulty, Mr. Tiahrt, Mr. Boyd, Mr. Foley, Mrs. Thurman, 
Mr. McIntosh, Ms. Berkley, Ms. Ros-Lehtinen, Mr. McDermott, Mr. Meehan, 
   Mr. Green of Wisconsin, Mr. Barrett of Wisconsin, Mr. Turner, Mr. 
    Rogan, Ms. Jackson-Lee of Texas, Mr. LaTourette, Mr. Maloney of 
 Connecticut, Ms. Woolsey, Mr. Bereuter, Mr. Sweeney, Mr. Gilman, Mr. 
  Menendez, Mr. Smith of Washington, Mr. Sensenbrenner, Mr. Pascrell, 
               Mrs. Maloney of New York, and Mr. McGovern

                            October 6, 1999

  Reported from the Committee on Government Reform with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To deny Federal public benefits to individuals who participated in Nazi 
                              persecution.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nazi Benefits Termination 
Act of 1999''.</DELETED>

<DELETED>SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI 
              PERSECUTORS.</DELETED>

<DELETED>    (a) In General.--Notwithstanding any other provision of 
law, an individual who is determined under this Act to have been a 
participant in Nazi persecution is not eligible for any Federal public 
benefit.</DELETED>
<DELETED>    (b) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) Federal public benefit.--The term ``Federal 
        public benefit'' shall have the meaning given such term by 
        section 401(c)(1) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996, but shall not include 
        any benefit described in section 401(b)(1) of such Act (and, 
        for purposes of applying such section 401(b)(1), the term 
        ``alien'' shall be considered to mean 
        ``individual'').</DELETED>
        <DELETED>    (2) Participant in nazi persecution.--The term 
        ``participant in Nazi persecution'' means an individual who--
        </DELETED>
                <DELETED>    (A) if an alien, is shown by a 
                preponderance of the evidence to fall within the class 
                of persons who (if present within the United States) 
                would be deportable under section 237(a)(4)(D) of the 
                Immigration and Nationality Act; or</DELETED>
                <DELETED>    (B) if a citizen, is shown by a 
                preponderance of the evidence--</DELETED>
                        <DELETED>    (i) to have procured citizenship 
                        illegally or by concealment of a material fact 
                        or willful misrepresentation within the meaning 
                        of section 340(a) of the Immigration and 
                        Nationality Act; and</DELETED>
                        <DELETED>    (ii) to have participated in Nazi 
                        persecution within the meaning of section 
                        212(a)(3)(E) of the Immigration and Nationality 
                        Act.</DELETED>

<DELETED>SEC. 3. DETERMINATIONS.</DELETED>

<DELETED>    (a) Hearing by Immigration Judge.--If the Attorney General 
has reason to believe that an individual who has applied for or is 
receiving a Federal public benefit may have been a participant in Nazi 
persecution (within the meaning of section 2 of this Act), the Attorney 
General may provide an opportunity for a hearing on the record with 
respect to the matter. The Attorney General may delegate the conduct of 
the hearing to an immigration judge appointed by the Attorney General 
under section 101(b)(4) of the Immigration and Nationality 
Act.</DELETED>
<DELETED>    (b) Procedure.--</DELETED>
        <DELETED>    (1) Right of respondents to appear.--</DELETED>
                <DELETED>    (A) Citizens, permanent resident aliens, 
                and persons present in the united states.--At a hearing 
                under this section, each respondent may appear in 
                person if the respondent is a United States citizen, a 
                permanent resident alien, or present within the United 
                States when the proceeding under this section is 
                initiated.</DELETED>
                <DELETED>    (B) Others.--A respondent who is not a 
                citizen, a permanent resident alien, or present within 
                the United States when the proceeding under this 
                section is initiated may appear by video 
                conference.</DELETED>
                <DELETED>    (C) Rule of interpretation.--This Act 
                shall not be construed to permit the return to the 
                United States of an individual who is inadmissible 
                under section 212(a)(3)(E) of the Immigration and 
                Nationality Act.</DELETED>
        <DELETED>    (2) Other rights of respondents.--At a hearing 
        under this section, each respondent may be represented by 
        counsel at no expense to the Federal Government, present 
        evidence, cross-examine witnesses, and obtain the issuance of 
        subpoenas for the attendance of witnesses and presentation of 
        evidence.</DELETED>
        <DELETED>    (3) Rules of evidence.--Unless otherwise provided 
        in this Act, rules regarding the presentation of evidence in 
        the hearing shall apply in the same manner in which such rules 
        would apply in a removal proceeding before a United States 
        immigration judge under section 240 of the Immigration and 
        Nationality Act.</DELETED>
<DELETED>    (c) Hearings, Findings and Conclusions, and Order.--
</DELETED>
        <DELETED>    (1) Findings and conclusions.--Within 60 days 
        after the end of a hearing conducted under this section, the 
        immigration judge shall make findings of fact and conclusions 
        of law with respect to whether the respondent has been a 
        participant in Nazi persecution (within the meaning of section 
        2 of this Act).</DELETED>
        <DELETED>    (2) Order.--</DELETED>
                <DELETED>    (A) Finding that respondent has been a 
                participant in nazi persecution.--If the immigration 
                judge finds, by a preponderance of the evidence, that 
                the respondent has been a participant in Nazi 
                persecution (within the meaning of section 2 of this 
                Act), the immigration judge shall promptly issue an 
                order declaring the respondent to be ineligible for any 
                Federal public benefit, and prohibiting any person from 
                providing such a benefit, directly or indirectly, to 
                the respondent, and shall transmit a copy of the order 
                to any governmental entity or person known to be so 
                providing such a benefit.</DELETED>
                <DELETED>    (B) Finding that respondent has not been a 
                participant in nazi persecution.--If the immigration 
                judge finds that there is insufficient evidence for a 
                finding under subparagraph (A) that a respondent has 
                been a participant in Nazi persecution (within the 
                meaning of section 2 of this Act), the immigration 
                judge shall issue an order dismissing the 
                proceeding.</DELETED>
                <DELETED>    (C) Effective date; limitation of 
                liability.--</DELETED>
                        <DELETED>    (i) Effective date.--An order 
                        issued pursuant to subparagraph (A) shall be 
                        effective on the date of issuance.</DELETED>
                        <DELETED>    (ii) Limitation of liability.--
                        Notwithstanding clause (i), a person or entity 
                        shall not be found to have provided a benefit 
                        to an individual in violation of this Act until 
                        the person or entity has received actual notice 
                        of the issuance of an order under subparagraph 
                        (A) with respect to the individual and has had 
                        a reasonable opportunity to comply with the 
                        order.</DELETED>
<DELETED>    (d) Review by Attorney General; Service of Final Order.--
</DELETED>
        <DELETED>    (1) Review by attorney general.--The Attorney 
        General may, in her discretion, review any finding or 
        conclusion made, or order issued, under subsection (c), and 
        shall complete the review not later than 30 days after the 
        finding or conclusion is so made, or order is so issued. 
        Otherwise, the finding, conclusion, or order shall be 
        final.</DELETED>
        <DELETED>    (2) Service of final order.--The Attorney General 
        shall cause the findings of fact and conclusions of law made 
        with respect to any final order issued under this section, 
        together with a copy of the order, to be served on the 
        respondent involved.</DELETED>
<DELETED>    (e) Judicial Review.--Any party aggrieved by a final order 
issued under this section may obtain a review of the order by the 
United States Court of Appeals for the Federal Circuit, by filing a 
petition for such review not later than 30 days after the final order 
is issued.</DELETED>
<DELETED>    (f) Issue and Claim Preclusion.--In any administrative or 
judicial proceeding under this Act, the ordinary rules of issue 
preclusion and claim preclusion shall apply.</DELETED>

<DELETED>SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE 
              FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT.</DELETED>

<DELETED>    Section 1295(a) of title 28, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (13);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (14) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(15) of an appeal from a final order issued 
        under the Nazi Benefits Termination Act of 1999.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nazi Benefits Termination Act of 
1999''.

SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.

    (a) In General.--Notwithstanding any other provision of law, an 
individual who is determined under this Act to have been a participant 
in Nazi persecution is not eligible for any Federal public benefit.
    (b) Definitions.--In this Act:
            (1) Federal public benefit.--The term ``Federal public 
        benefit'' shall have the meaning given such term by section 
        401(c)(1) (without rregard to section 401(c)(2)) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996, but shall not include any benefit described in section 
        401(b)(1) of such Act (and, for purposes of applying such 
        section 401(b)(1), the term ``alien'' shall be considered to 
        mean ``individual'').
            (2) Participant in nazi persecution.--The term 
        ``participant in Nazi persecution'' means an individual who--
                    (A) if an alien, is shown by a preponderance of the 
                evidence to fall within the class of persons who (if 
                present within the United States) would be deportable 
                under section 237(a)(4)(D) of the Immigration and 
                Nationality Act or inadmissible under section 
                212(a)(3)(E)(i) of such Act; or
                    (B) if a citizen, is shown by a preponderance of 
                the evidence--
                            (i) to have procured citizenship illegally 
                        or by concealment of a material fact or willful 
                        misrepresentation within the meaning of section 
                        340(a) of the Immigration and Nationality Act; 
                        and
                            (ii) to have participated in Nazi 
                        persecution within the meaning of section 
                        212(a)(3)(E) of the Immigration and Nationality 
                        Act.

SEC. 3. DETERMINATIONS.

    (a) Hearing by Immigration Judge.--If the Attorney General has 
reason to believe that an individual who has applied for or is 
receiving a Federal public benefit may have been a participant in Nazi 
persecution (within the meaning of section 2 of this Act), the Attorney 
General may provide an opportunity for a hearing on the record with 
respect to the matter. The Attorney General may delegate the conduct of 
the hearing to an immigration judge appointed by the Attorney General 
under section 101(b)(4) of the Immigration and Nationality Act.
    (b) Procedure.--
            (1) Right of respondents to appear.--
                    (A) Citizens, permanent resident aliens, and 
                persons present in the united states.--At a hearing 
                under this section, each respondent may appear in 
                person if the respondent is a United States citizen, a 
                permanent resident alien, or present within the United 
                States.
                    (B) Others.--A respondent who is not a citizen, a 
                permanent resident alien, or present within the United 
                States may appear by video conference. A respondent who 
                was present in the United States when the proceeding 
                was initiated and who is no longer present in the 
                United States at the time of hearing may appear by 
                video conference.
                    (C) Rule of interpretation.--This Act shall not be 
                construed to permit the return to the United States of 
                an individual who is inadmissible under section 
                212(a)(3)(E) of the Immigration and Nationality Act.
                    (D) Application of rules to other proceedings.--The 
                rules described in this paragraph concerning the right 
                of a respondent to appear shall apply to any other 
                hearing, review, conference, or proceeding of any sort 
                in which a determination of an immigration judge or 
                ineligibility of benefits pursuant to this Act is an 
                issue.
            (2) Other rights of respondents.--At a hearing under this 
        section, each respondent may be represented by counsel (but at 
        no expense to the Federal Government, present evidence, cross-
        examine witnesses, and obtain the issuance of subpoenas for the 
        attendance of witnesses and presentation of evidence.
            (3) Rules of evidence.--Unless otherwise provided in this 
        Act, rules regarding the presentation of evidence in the 
        hearing shall apply in the same manner in which such rules 
        would apply in a removal proceeding before a United States 
        immigration judge under section 240 of the Immigration and 
        Nationality Act.
            (4) Stay of proceedings.--Hearings brought under this 
        section may be stayed pending resolution of other proceedings 
        or pending appeal only upon the joint request of the parties.
    (c) Hearings, Findings and Conclusions, and Order.--
            (1) Findings and conclusions.--Within 60 days after the end 
        of a hearing conducted under this section, the immigration 
        judge shall make findings of fact and conclusions of law with 
        respect to whether the respondent has been a participant in 
Nazi persecution (within the meaning of section 2 of this Act).
            (2) Order.--
                    (A) Finding that respondent has been a participant 
                in nazi persecution.--If the immigration judge finds, 
                by a preponderance of the evidence, that the respondent 
                has been a participant in Nazi persecution (within the 
                meaning of section 2 of this Act), the immigration 
                judge shall promptly issue an order declaring the 
                respondent to be ineligible for any Federal public 
                benefit, and prohibiting any person from providing such 
                a benefit, directly or indirectly, to the respondent, 
                and shall transmit a copy of the order to any 
                governmental entity or person known to be so providing 
                such a benefit and to any governmental entity or person 
                known to have received an application for benefits that 
                has not been finally adjudicated.
                    (B) Finding that respondent has not been a 
                participant in nazi persecution.--If the immigration 
                judge finds that there is insufficient evidence for a 
                finding under subparagraph (A) that a respondent has 
                been a participant in Nazi persecution (within the 
                meaning of section 2 of this Act), the immigration 
                judge shall issue an order dismissing the proceeding.
                    (C) Effective date; limitation of liability.--
                            (i) Effective date.--An order issued 
                        pursuant to subparagraph (A) shall be effective 
                        on the date of issuance.
                            (ii) Limitation of liability.--
                        Notwithstanding clause (i), a person or entity 
                        shall not be found to have provided a benefit 
                        to an individual in violation of this Act until 
                        the person or entity has received actual notice 
                        of the issuance of an order under subparagraph 
                        (A) with respect to the individual and has had 
                        a reasonable opportunity to comply with the 
                        order.
    (d) Review by Attorney General; Service of Final Order.--
            (1) Review by attorney general.--The Attorney General may, 
        in her discretion, review any finding or conclusion made, or 
        order issued, under subsection (c), and shall initiate any 
        review not later than 30 days after the finding or conclusion 
        is so made, or order is so issued.
            (2) Service of final order.--The Attorney General shall 
        cause the findings of fact and conclusions of law made with 
        respect to any final order issued under this section, together 
        with a copy of the order, to be served on the respondent 
        involved.
            (3) Effective date of final order.--If the Attorney General 
        does not initiate the review provided for in paragraph (1), any 
        order, finding, or conclusion under subsection (c) shall become 
        final upon the expiration of 30 days after the finding, 
        conclusion, or order is so issued. If the Attorney General does 
        initiate the review provided for in paragraph (1), any order, 
        finding, or conclusion shall become final either upon the 
        issuance of a decision by the Attorney General or upon 
        expiration of 90 days after the order, finding, or conclusion 
        under subsection (c) is issued, whichever is earlier.
    (e) Judicial Review.--Any party aggrieved by a final order issued 
under this section may obtain a review of the order by the United 
States Court of Appeals for the Federal Circuit, by filing a petition 
for such review not later than 30 days after the final order becomes 
final, or completion of any review by the Attorney General, whichever 
is later.
    (f) Issue and Claim Preclusion.--In any administrative or judicial 
proceeding under this Act, the ordinary rules of issue preclusion and 
claim preclusion shall apply.

SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL 
              CIRCUIT OVER APPEALS UNDER THIS ACT.

    Section 1295(a) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period at the end of paragraph (14) and 
        inserting ``; and'';
            (3) by adding at the end the following:
            ``(15) of an appeal from a final order issued under the 
        Nazi Benefits Termination Act of 1999.''.