[House Report 105-360]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-360
_______________________________________________________________________
FOR THE RELIEF OF JOHN ANDRE CHALOT
_______
October 31, 1997.--Committed to the Committee of the Whole House and
ordered to be printed
_______________________________________________________________________
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 2732]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2732) for the relief of John Andre Chalot, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
purpose and summary
This bill provides that for the purpose of determining
eligibility for relief under the Agreement Between the
Government of the United States and the Government of the
Federal Republic of Germany Concerning Final Benefits to
Certain United States Nationals Who Were Victims of National
Socialist Measures of Persecution, John Andre Chalot will be
deemed to be a naturalized citizen of the United States as of
September 3, 1943, the date he entered the U.S. Armed Forces.
background and need for the legislation
John Andre Chalot served in the Armed Forces of the United
States during World War II. During his service he was captured
by the Nazis and interned at the infamous concentration camp
known as Buchenwald.
John Andre Chalot, was too young to enlist in the U.S.
Army, so he went to Canada and joined the Royal Canadian Air
Force. He flew Spitfires with the RCAF based in England from
1940-1943, and transferred to the U.S. Army Air Corps, 358th
Fighter Squadron, in 1943, receiving a commission as a second
lieutenant. Early in 1944, Mr. Chalot was flying a P-51 mission
over Germany when his plane was hit and he crash-landed in
Holland. With the help of the Resistance, he managed to get to
Paris, but was arrested and imprisoned there. In August 1944,
he and his fellow prisoners, including 168 Allied airmen, were
crowded into boxcars and transported to Buchenwald, where they
were suffered extreme deprivations and were even subjected to
Nazi medical experiments. Mr. Chalot and most of his fellow
airmen were eventually transferred to Stalag Luft III, a POW
camp, where they remained until their liberation.
Mr. Chalot had immigrated with his family from France
before the age of two. He never completed his naturalization
prior to going to war. He survived the war, came to the United
States as a war hero, and obtained his American citizenship.
Fifty years later, when he applied for compensation under a
United States and Germany agreement as an American national who
was a victim of Nazi persecution, he was informed that he was
not eligible because he was not a U.S. citizen at the time of
the persecution.
According to the Foreign Claims Settlement Commission, Mr.
Chalot is one of only two individuals that fall into this
category. In the formal denial, the Foreign Claims Settlement
Commission stated that they were bound by the international
agreement and could not allow this otherwise deserving
individual inclusion in the reparation group.
hearings
The Committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 2732.
committee consideration
On October 29, 1997, the Committee on the Judiciary met in
open session and ordered reported favorably the bill H.R. 2732,
by voice vote, a quorum being present.
committee oversight findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
committee on government reform and oversight findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
new budget authority and tax expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
congressional budget office cost estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 2732, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington DC, October 30, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2732, a bill for
the relief of John Andre Chalot.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 2732--A bill for the relief of John Andre Chalot
CBO estimates that enacting this legislation would not
affect the federal budget. Because H.R. 2732 would not affect
direct spending or receipts, pay-as-you-go procedures would not
apply. This bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
of 1995 and would impose no costs on state, local, or tribal
governments.
H.R. 2732 would classify John Andre Chalot as a naturalized
citizen of the United States as of August 8, 1942. This action
would make him eligible for reparations from Germany relating
to his imprisonment during World War II. According to the
Foreign Claims Settlement Commission, enacting this legislation
would not affect the commission's operation.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
constitutional authority statement
Pursuant to rule XI, clause 2(l)(4) of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article 1, Section 8, Clause 10 of the
Constitution.
agency views
The comments of the Immigration and Naturalization Service
on H.R. 2732 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, October 30, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: Per your request for a report relative
to H.R. 2732, for the relief of John Andre Chalot.
The bill would make Mr. Chalot eligible for compensation by
deeming him a naturalized U.S. citizen as of the date he began
his military service for the purposes of the Foreign Claims
Settlement Act.
In lieu of a report, it has been requested that the
Immigration and Naturalization Service provide the date of
naturalization for the beneficiary. Mr. Chalot was naturalized
on September 18, 1945. Attached is a copy of the naturalization
certificate.
Sincerely,
Allen Erenbaum,
Acting Director, Congressional Relations.