H. R. 1873

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To require 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,

SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION DISREGARDED IN DETERMINING ELIGIBILITY FOR

AND THE AMOUNT OF NEED-BASED BENEFITS AND SERVICES.

(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 determinations made on or after the date of the enactment of this Act

with respect to payments referred to in subsection (a) made before,

on, or after such date.

(c) PROHIBITION AGAINST RECOVERY OF VALUE OF EXCESSIVE

BENEFITS OR SERVICES PROVIDED DUE TO FAILURE TO TAKE

ACCOUNT OF CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI

PERSECUTION.—No officer, agency, or instrumentality of any government 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 WHO MAY HAVE BEEN DENIED

ELIGIBILITY FOR BENEFITS OR SERVICES DUE TO THE FAILURE TO

DISREGARD CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION.—Any agency of government that has not disregarded payments 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 HOUSING 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-
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ments to qualified individuals in the amount determined under

paragraph (3).

(2) QUALIFIED INDIVIDUALS.—For purposes of this subsection, the term ‘‘qualified individual’’ means an individual

who—

(A) has received any payment because of the individual’s status as a victim of Nazi persecution;

(B) at any time during the period beginning on February 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 payments 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 payment

referred to in subparagraph (A); and

(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 sentence.

(3) AMOUNT OF PAYMENT.—The amount of a payment 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 individual 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 paragraph (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 subsection for an individual may be made only pursuant to a

written claim for such payment 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 Department of Housing and Urban Development orally or in writing that such specific individual is eligible for a payment

under this subsection, the expiration of the 6-month period

beginning on the date of receipt of such notice; and
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(B) in the case of any other individual, the expiration

of the 12-month period beginning on the date of the enactment of this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.