[Congressional Record Volume 145, Number 88 (Monday, June 21, 1999)]
[Senate]
[Pages S7327-S7329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 1249. A bill to deny Federal public benefits to individuals who 
participated in Nazi persecution; to the Committee on the Judiciary.


               the nazi benefits termination act of 1998

  Mr. TORRICELLI. Mr. President, I rise today to introduce, the Nazi 
Benefits Termination Act of 1999. This legislation seeks to halt an 
unintended and unwarranted series of public benefits payments to 
utlimately deportable individuals who assisted or otherwise 
participated in persecution sponsored by the Nazis or their allies 
during World War II. The bill also closes a loophole in the current law 
which allows some of these deportable individuals to avoid the 
suspension of their benefits by fleeing the United States. Such 
individuals who illegally gain access to the bounty of the United 
States, for example, by misrepresenting the facts of their wartime 
conduct, should not be allowed to benefit from their deceit at the 
expense of the Treasury, including the Social Security Trust Funds. So 
too, individuals

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who avoid entry of an order of deportation or removal by fleeing the 
United States should not be permitted to circumvent the intent of the 
law at the expense of the Trust Funds.
  Recognizing the excellent work of the Department of Justice's Office 
of Special Investigations (OSI) in bringing and winning cases against 
those who participated in Nazi persecution, the Nazi Benefits 
Termination Act of 1999 delegates to the Attorney General the 
discretionary authority to initiate proceedings to prohibit the payment 
of public benefits to any benefits receipient or applicant whom the 
Attorney General has reason to believe may have been a participant in 
persecution sponsored by the Nazis or their allies. Although OSI's 
success in deporting former Nazi persecutors has resulted in the 
cessation of social security benefits payments to numerous persons, 
this bill will, among other things, permit termination of benefits even 
before (or without) an order of deportation. This bill will apply to 
persons eventually subject to deportation who have assisted in Nazi 
persecution in any way. Proof by a preponderance of the evidence of 
such assistance or other participation in persecution is required. The 
Attorney General need not prove that a particular respondent is or was 
a war criminal. Rather, this legislation adopts the Seventh Circuit 
Court of Appeals' properly broad interpretation of the Holtzman 
Amendment (now Sections 212(a)(3)(E) and 237(a)(4)(D) of the 
Immigration and Nationality Act) terms ``participated'' or ``assisted'' 
in persecution. In Schellong v. I.N.S., the Sevneth Circuit properly 
interpreted the Holtzman Amendment, which is incorporated into this 
bill's statutory standard. The standard set out by the Sixth Circuit in 
Petkiewytsch v. I.N.S., ignores the plain language of the Holtzman 
Amendment and is specifically rejected by this bill. The Nazi Benefits 
Termination Act of 1999, like the Holtzman Amendment, applies to 
persons who assisted or otherwise participated in Nazi-sponsored 
persecution in any way, and does not require a showing by the 
government of personal or direct involvement in atrocities, 
voluntariness or motive.
  Section 2(b)(2)(B)(1) of the bill is drafted to cover naturalized 
citizens whose admission to the United States was unlawful due, inter 
alia, to assistance in persecution or who otherwise procured their 
citizenship illegally or by concealment of a material fact or 
misrepresentation.
  Section 3(a) of the legislation provides that Immigration Judges 
appointed by the Attorney General pursuant to the procedure established 
under the regulations implementing Section 1101(b)(4) of Title 8 will 
preside over the benefits hearings established by this bill. The rules, 
procedures, and rights applicable in these hearings are to be governed 
by the terms of this bill, existing regulations under Title 8, and any 
necessary additional implementing regulations.
  The preponderance-of-the-evidence burden of proof will apply in 
hearings conducted under Section 3(a) of the bill. This standard is 
applicable in federal benefits revocation proceedings and most civil 
proceedings. Under this standard, we can avoid the delays incident to 
assembly of proof in denaturalization and deportation cases brought 
against this class, and consequently stem current depletion of the 
Treasury.
  Section 3(f) of the bill makes clear that findings under section 
3(c)(3)(A) of the bill may be based upon the collateral estoppel effect 
of denaturalization, deportation, or other appropriate judgments.
  It is important to pass this legislation to help protect the public 
against unintended and unwarranted waste in paying benefits to 
ultimately deportable individuals. This measure will help to conserve 
resources so that future generations can continue to rely upon social 
security and other necessary public benefits payments.
  I hope all my colleagues will be able to support this important 
legislation and I ask unanimous consent that the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1249

       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

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     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.''.
                                 ______