II

103D CONGRESS

2D SESSION H. R. 1873

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Received

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.

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

3 SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF

4 NAZI PERSECUTION DISREGARDED IN DE5 TERMINING ELIGIBILITY FOR AND THE

6 AMOUNT OF NEED-BASED BENEFITS AND

7 SERVICES.

8 (a) IN GENERAL.—Payments made to individuals be9 cause of their status as victims of Nazi persecution shall
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1 be disregarded in determining eligibility for and the

2 amount of benefits or services to be provided under any

3 Federal or federally assisted program which provides

4 xbenefits or services based, in whole or in part, on need.

5 (b) APPLICABILITY.—Subsection (a) shall apply to

6 determinations made on or after the date of the enactment

7 of this Act with respect to payments referred to in sub8 section (a) made before, on, or after such date.

9 (c) PROHIBITION AGAINST RECOVERY OF VALUE OF

10 EXCESSIVE BENEFITS OR SERVICES PROVIDED DUE TO

11 FAILURE TO TAKE ACCOUNT OF CERTAIN PAYMENTS

12 MADE TO VICTIMS OF NAZI PERSECUTION.—No officer,

13 agency, or instrumentality of any government may at14 tempt to recover the value of excessive benefits or services

15 provided before the date of the enactment of this Act

16 under any program referred to in subsection (a) by reason

17 of any failure to take account of payments referred to in

18 subsection (a).

19 (d) NOTICE TO INDIVIDUALS WHO MAY HAVE BEEN

20 DENIED ELIGIBILITY FOR BENEFITS OR SERVICES DUE

21 TO THE FAILURE TO DISREGARD CERTAIN PAYMENTS

22 MADE TO VICTIMS OF NAZI PERSECUTION.—Any agency

23 of government that has not disregarded payments referred

24 to in subsection (a) in determining eligibility for a pro25 gram referred to in subsection (a) shall make a good faith
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1 effort to notify any individual who may have been denied

2 eligibility for benefits or services under the program of the

3 potential eligibility of the individual for such benefits or

4 services.

5 (e) REPAYMENT OF ADDITIONAL RENT PAID UNDER

6 HUD HOUSING PROGRAMS BECAUSE OF FAILURE TO

7 DISREGARD REPARATION PAYMENTS.—

8 (1) AUTHORITY.—To the extent that amounts

9 are provided in appropriation Acts for payments

10 under this subsection, the Secretary of Housing and

11 Urban Development shall make payments to quali12 fied individuals in the amount determined under

13 paragraph (3).

14 (2) QUALIFIED INDIVIDUALS.—For purposes of

15 this subsection, the term ‘‘qualified individual’’

16 means an individual who—

17 (A) has received any payment because of

18 the individual’s status as a victim of Nazi per19 secution;

20 (B) at any time during the period begin21 ning on February 1, 1993 and ending on April

22 30, 1993, resided in a dwelling unit in housing

23 assisted under any program for housing assist24 ance of the Department of Housing and Urban

25 Development under which rent payments for
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1 the unit were determined based on or taking

2 into consideration the income of the occupant of

3 the unit;

4 (C) paid rent for such dwelling unit for

5 any portion of the period referred to in sub6 paragraph (B) in an amount determined in a

7 manner that did not disregard the payment re8 ferred to in subparagraph (A); and

9 (D) has submitted a claim for payment

10 under this subsection as required under para11 graph (4).

12 The term does not include the successors, heirs, or

13 estate of an individual meeting the requirements of

14 the preceding sentence.

15 (3) AMOUNT OF PAYMENT.—The amount of a

16 payment under this subsection for a qualified indi17 vidual shall be equal to the difference between—

18 (A) the sum of the amount of rent paid by

19 the individual for rental of the dwelling unit of

20 the individual assisted under a program for

21 housing assistance of the Department of Hous22 ing and Urban Development, for the period re23 ferred to in paragraph (2)(B), and

24 (B) the sum of the amount of rent that

25 would have been payable by the individual for
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1 rental of such dwelling unit for such period if

2 the payments referred to in paragraph (2)(A)

3 were disregarded in determining the amount of

4 rent payable by the individual for such period.

5 (4) SUBMISSION OF CLAIMS.—A payment under

6 this subsection for an individual may be made only

7 pursuant to a written claim for such payment by

8 such individual submitted to the Secretary of Hous9 ing and Urban Development in the form and manner

10 required by the Secretary before—

11 (A) in the case of any individual notified

12 by the Department of Housing and Urban De13 velopment orally or in writing that such specific

14 individual is eligible for a payment under this

15 subsection, the expiration of the 6-month period

16 beginning on the date of receipt of such notice;

17 and

18 (B) in the case of any other individual, the

19 expiration of the 12-month period beginning on

20 the date of the enactment of this Act.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.