[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1910 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1910

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2001

  Mr. Saxton 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

_______________________________________________________________________

                                 A BILL


 
To deny Federal public benefits to individuals who were participants 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 
2001''.

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'' has the meaning given such term by section 401(c)(1) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not 
        include any benefit described in section 401(b)(1) of such Act 
        (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such 
        section 401(b)(1), the term ``alien'' shall be considered to 
        mean any individual).
            (2) Participant in nazi persecution.--The term 
        ``participant in Nazi persecution'' means an individual who--
                    (A) if an alien (as such term is defined in section 
                101(a)(3) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(3))), has committed one or more of the 
                acts described in section 212(a)(3)(E) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(E)); or
                    (B) if a citizen of the United States--
                            (i) has procured citizenship illegally or 
                        by concealment of a material fact or willful 
                        misrepresentation; and
                            (ii) has committed one or more of the acts 
                        described in section 212(a)(3)(E) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)(3)(E)).
            (3) Respondent.--The term ``respondent'' means an 
        individual whom the Attorney General is providing an 
        opportunity for a hearing on the record under section 3(a).

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, 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 (as 
defined in section 101(b)(4) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(4))).
    (b) Procedures.--
            (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 (8 
                U.S.C. 1182(a)(3)(E)).
            (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 at the 
        hearing shall apply in the same manner in which such rules 
        would apply at a removal proceeding before an immigration judge 
        under section 240 of the Immigration and Nationality Act (8 
        U.S.C. 1229a).
    (c) Findings, Conclusions, and Order.--
            (1) Findings and conclusions.--Not later than 60 days after 
        the date of 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.
            (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, 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, 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) or (B) 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 his 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 date that 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 date that the final 
order is issued.

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 2001.''.
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