[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1249 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1249

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 1999

Mr. Torricelli introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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,

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) 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
                    (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 when the proceeding under this section is 
                initiated.
                    (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.
                    (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.
            (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.
            (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.
    (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.
                    (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 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.
            (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.
    (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.
    (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''; 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.''.
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