I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Nazi Benefits Termi5 nation Act of 2001’’.

6 SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI

7 PERSECUTORS.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, an individual who is determined under this
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1 Act to have been a participant in Nazi persecution is not

2 eligible for any Federal public benefit.

3 (b) DEFINITIONS.—In this Act:

4 (1) FEDERAL PUBLIC BENEFIT.—The term

5 ‘‘Federal public benefit’’ has the meaning given such

6 term by section 401(c)(1) of the Personal Responsi7 bility and Work Opportunity Reconciliation Act of

8 1996 (8 U.S.C. 1611(c)(1)), but shall not include

9 any benefit described in section 401(b)(1) of such

10 Act (8 U.S.C. 1611(b)(1)) (and, for purposes of ap11 plying such section 401(b)(1), the term ‘‘alien’’ shall

12 be considered to mean any individual).

13 (2) PARTICIPANT IN NAZI PERSECUTION.—The

14 term ‘‘participant in Nazi persecution’’ means an in15 dividual who—

16 (A) if an alien (as such term is defined in

17 section 101(a)(3) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(3))), has com19 mitted one or more of the acts described in sec20 tion 212(a)(3)(E) of the Immigration and Na21 tionality Act (8 U.S.C. 1182(a)(3)(E)); or

22 (B) if a citizen of the United States—

23 (i) has procured citizenship illegally or

24 by concealment of a material fact or willful

25 misrepresentation; and
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1 (ii) has committed one or more of the

2 acts described in section 212(a)(3)(E) of

3 the Immigration and Nationality Act (8

4 U.S.C. 1182(a)(3)(E)).

5 (3) RESPONDENT.—The term ‘‘respondent’’

6 means an individual whom the Attorney General is

7 providing an opportunity for a hearing on the record

8 under section 3(a).

9 SEC. 3. DETERMINATIONS.

10 (a) HEARING BY IMMIGRATION JUDGE.—If the At11 torney General has reason to believe that an individual

12 who has applied for or is receiving a Federal public benefit

13 may have been a participant in Nazi persecution, the At14 torney General may provide an opportunity for a hearing

15 on the record with respect to the matter. The Attorney

16 General may delegate the conduct of the hearing to an

17 immigration judge (as defined in section 101(b)(4) of the

18 Immigration and Nationality Act (8 U.S.C. 1101(b)(4))).

19 (b) PROCEDURES.—

20 (1) RIGHT OF RESPONDENTS TO APPEAR.—

21 (A) CITIZENS, PERMANENT RESIDENT

22 ALIENS, AND PERSONS PRESENT IN THE

23 UNITED STATES.—At a hearing under this sec24 tion, each respondent may appear in person if

25 the respondent is a United States citizen, a per-
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1 manent resident alien, or present within the

2 United States when the proceeding under this

3 section is initiated.

4 (B) OTHERS.—A respondent who is not a

5 citizen, a permanent resident alien, or present

6 within the United States when the proceeding

7 under this section is initiated may appear by

8 video conference.

9 (C) RULE OF INTERPRETATION.—This Act

10 shall not be construed to permit the return to

11 the United States of an individual who is inad12 missible under section 212(a)(3)(E) of the Im13 migration and Nationality Act (8 U.S.C.

14 1182(a)(3)(E)).

15 (2) OTHER RIGHTS OF RESPONDENTS.—At a

16 hearing under this section, each respondent may be

17 represented by counsel at no expense to the Federal

18 Government, present evidence, cross-examine wit19 nesses, and obtain the issuance of subpoenas for the

20 attendance of witnesses and presentation of evi21 dence.

22 (3) RULES OF EVIDENCE.—Unless otherwise

23 provided in this Act, rules regarding the presen24 tation of evidence at the hearing shall apply in the

25 same manner in which such rules would apply at a
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1 removal proceeding before an immigration judge

2 under section 240 of the Immigration and Nation3 ality Act (8 U.S.C. 1229a).

4 (c) FINDINGS, CONCLUSIONS, AND ORDER.—

5 (1) FINDINGS AND CONCLUSIONS.—Not later

6 than 60 days after the date of the end of a hearing

7 conducted under this section, the immigration judge

8 shall make findings of fact and conclusions of law

9 with respect to whether the respondent has been a

10 participant in Nazi persecution.

11 (2) ORDER.—

12 (A) FINDING THAT RESPONDENT HAS

13 BEEN A PARTICIPANT IN NAZI PERSECUTION.—

14 If the immigration judge finds, by a preponder15 ance of the evidence, that the respondent has

16 been a participant in Nazi persecution, the im17 migration judge shall promptly issue an order

18 declaring the respondent to be ineligible for any

19 Federal public benefit, and prohibiting any per20 son from providing such a benefit, directly or

21 indirectly, to the respondent, and shall transmit

22 a copy of the order to any governmental entity

23 or person known to be so providing such a ben24 efit.
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1 (B) FINDING THAT RESPONDENT HAS NOT

2 BEEN A PARTICIPANT IN NAZI PERSECUTION.—

3 If the immigration judge finds that there is in4 sufficient evidence for a finding under subpara5 graph (A) that a respondent has been a partici6 pant in Nazi persecution, the immigration judge

7 shall issue an order dismissing the proceeding.

8 (C) EFFECTIVE DATE; LIMITATION OF LI9 ABILITY.—

10 (i) EFFECTIVE DATE.—An order

11 issued pursuant to subparagraph (A) or

12 (B) shall be effective on the date of

13 issuance.

14 (ii) LIMITATION OF LIABILITY.—Not15 withstanding clause (i), a person or entity

16 shall not be found to have provided a ben17 efit to an individual in violation of this Act

18 until the person or entity has received ac19 tual notice of the issuance of an order

20 under subparagraph (A) with respect to

21 the individual and has had a reasonable

22 opportunity to comply with the order.

23 (d) REVIEW BY ATTORNEY GENERAL; SERVICE OF

24 FINAL ORDER.—
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1 (1) REVIEW BY ATTORNEY GENERAL.—The At2 torney General may, in his discretion, review any

3 finding or conclusion made, or order issued, under

4 subsection (c), and shall complete the review not

5 later than 30 days after the date that the finding or

6 conclusion is so made, or order is so issued. Other7 wise, the finding, conclusion, or order shall be final.

8 (2) SERVICE OF FINAL ORDER.—The Attorney

9 General shall cause the findings of fact and conclu10 sions of law made with respect to any final order

11 issued under this section, together with a copy of the

12 order, to be served on the respondent involved.

13 (e) JUDICIAL REVIEW.—Any party aggrieved by a

14 final order issued under this section may obtain a review

15 of the order by the United States Court of Appeals for

16 the Federal Circuit, by filing a petition for such review

17 not later than 30 days after the date that the final order

18 is issued.

19 SEC. 4. JURISDICTION OF UNITED STATES COURT OF AP20 PEALS FOR THE FEDERAL CIRCUIT OVER AP21 PEALS UNDER THIS ACT.

22 Section 1295(a) of title 28, United States Code, is

23 amended—

24 (1) by striking ‘‘and’’ at the end of paragraph

25 (13);
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1 (2) by striking the period at the end of para2 graph (14) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(15) of an appeal from a final order issued

5 under the Nazi Benefits Termination Act of 2001.’’.

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