Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589948630.pdf (United States)
108 STAT.

1450 PUBLIC LAW 103-286—AUG.

1, 1994 Public Law 103-286 103d Congress An Act Aue 1 1994 ' [H.R.1873] "^^ requu-e certain payments made to victims of Nazi persecution to be disregarded in determining eligibility for and the amount of benefits or services based on need.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 42 u se 1437a note.

SECTION 1.
SECTION 1.

CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECU- TION DISREGARDED IN DETERMINING EUGIBILITY FOR AND THE AMOUNT OF NEED-BASED BENEFITS AND SERV- ICES.

(a) IN GENERAL.—^Payments made to individuals because of their status as victims of Nazi persecution shall be disregarded in determining eligibility for and the amount of benefits or services to be provided under any Federal or federally assisted program which provides benefits or services based, in whole or in part, on need.
(b) APPLICABILITY.—Subsection (a) shall apply to determina tions made on or after the date of the enactment of this Act with respect to pa3nnents referred to in subsection (a) made before, on, or after such date.
(c) PROHIBITION AGAINST RECOVERY OF VALUE OF EXCESSIVE BENEFITS OR SERVICES PROVIDED D UE TO FAILURE TO TAKE ACCOUNT OF CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION.—^No officer, agency, or instrumentality of any govern ment may attempt to recover the value of excessive benefits or services provided before the date of the enactment of this Act under any program referred to in subsection (a) by reason of any failure to take account of payments referred to in subsection (a).
(d) NOTICE TO INDIVIDUALS W HO MAY HAVE BEEN DENIED ELIGIBILITY FOR BENEFITS OR SERVICES DUE TO THE FAILURE TO DISREGARD CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECU TION.—^Any agency of government that has not disregarded pay ments referred to in subsection (a) in determining eligibility for a program referred to in subsection (a) shall make a good faith effort to notify any individual who may have been denied eligibility for benefits or services under the program of the potential eligibility of the individual for such benefits or services.
(e) REPAYMENT OF ADDITIONAL RENT PAID UNDER HUD HOUS ING PROGRAMS BECAUSE OF FAILURE TO DISREGARD REPARATION PAYMENTS.— (1) AUTHORITY.—^To the extent that amounts are provided in appropriation Acts for payments under this subsection, the Secretary of Housing and Urban Development shall make pay- PUBLIC LAW 103-286—AUG.

1, 1994 108 STAT.

1451 ments to qualified individuals in the amount determined under paragraph (3).
(2) QUALIFIED INDIVIDUALS.—For purposes of this sub section, the term "qualified individual" means an individual who— (A) has received any payment because of the individ ual's status as a victim of Nazi persecution; (B) at any time during the period beginning on Feb ruary 1, 1993 and ending on April 30, 1993, resided in a dwelling unit in housing assisted under any program for housing assistance of the Department of Housing and Urban Development under which rent pa3anents for the unit were determined based on or taking into consideration the income of the occupant of the unit; (C) paid rent for such dwelling unit for any portion of the period referred to in subparagraph (B) in an amount determined in a manner that did not disregard the pa3rment referred to in subparagraph (A); £ind (D) has submitted a claim for payment under this subsection as required under paragraph (4).
The term does not include the successors, heirs, or estate of an individual meeting the requirements of the preceding sen tence.
(3) AMOUNT OF PAYMENT.—^The amount of a pa3rment under this subsection for a qualified individual shall be equal to the difference between— (A) the sum of the amount of rent paid by the individ ual for rental of the dwelling unit of the individual assisted under a program for housing assistance of the Department of Housing and Urban Development, for the period referred to in paragraph (2)(B), and (B) the sum of the amount of rent that would have been payable by the individual for rental of such dwelling unit for such period if the payments referred to in para graph (2)(A) were disregarded in determining the amount of rent payable by the individual for such period.
(4) SUBMISSION OF CLAIMS.—A payment under this sub section for an individual may be made only pursuant to a written claim for such pa3nnent by such individual submitted to the Secretary of Housing and Urban Development in the form and manner required by the Secretary before— (A) in the case of any individual notified by the Depart ment of Housing ;and Urban Development orally or in writ ing that such specific individual is eligible for a pa3rment under this subsection, the expiration of the 6-month period beginning on the date of receipt of such notice; and 108 STAT.
1452 PUBLIC LAW 103-286—AUG.

1, 1994 (B) in the case of any other individual, the expiration of the 12-month period beginning on the date of the enact- , ment of this Act.

Approved August 1, 1994, LEGISLATIVE HISTORY—H.R.

1873: CONGRESSIONAL RECORD, Vol.

140 (1994): July 12, considered and passed House.

July 19, considered and passed Senate.