Union Calendar No. 207
106TH CONGRESS
1ST SESSION
H. R. 1788
[Report No. 106–321, Parts I and II]
A BILL
To deny Federal public benefits to individuals who
participated in Nazi persecution.
SEPTEMBER 14, 1999
Reported from the Committee on the Judiciary
OCTOBER 6, 1999
Reported from the Committee on Government Reform
with an amendment, committed to the Committee of
the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 207
106TH CONGRESS
1ST SESSION
H. R. 1788
[Report No. 106–321, Parts I and II]
To deny Federal public benefits to individuals who participated in Nazi
persecution.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1999
Mr. FRANKS of New Jersey (for himself, Mr. FRELINGHUYSEN, and Mr. LAN-
TOS) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Government Re-
form, 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
SEPTEMBER 14, 1999
Reported from the Committee on the Judiciary
SEPTEMBER 14, 1999
Referral to the Committee on Government Reform extended for a period
ending not later than October 1, 1999
OCTOBER 1, 1999
Referral to the Committee on Government Reform extended for a period
ending not later than October 6, 1999
OCTOBER 6, 1999
Additional sponsors: Mr. BALLENGER, Mr. FROST, Mr. SANFORD, Ms.
SCHAKOWSKY, Mr. BROWN of California, Mr. KASICH, Mr. LIPINSKI, Mr.
WEINER, Mr. LOBIONDO, Mr. WAXMAN, Mrs. MYRICK, Mr. SNYDER, Mr.
DOYLE, Mr. GONZALEZ, Mr. ENGLISH, Mr. SHERMAN, Mr. GUTIERREZ,
Mr. HASTINGS of Florida, Mr. MCNULTY, Mr. TIAHRT, Mr. BOYD, Mr.
FOLEY, Mrs. THURMAN, Mr. MCINTOSH, Ms. BERKLEY, Ms. ROS-
LEHTINEN, Mr. MCDERMOTT, Mr. MEEHAN, Mr. GREEN of Wisconsin,
Mr. BARRETT of Wisconsin, Mr. TURNER, Mr. ROGAN, Ms. JACKSON-
LEE of Texas, Mr. LATOURETTE, Mr. MALONEY of Connecticut, Ms.
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WOOLSEY, Mr. BEREUTER, Mr. SWEENEY, Mr. GILMAN, Mr. MENENDEZ,
Mr. SMITH of Washington, Mr. SENSENBRENNER, Mr. PASCRELL, Mrs.
MALONEY of New York, and Mr. MCGOVERN
OCTOBER 6, 1999
Reported from the Committee on Government Reform with an amendment,
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To deny Federal public benefits to individuals who
participated in Nazi persecution.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nazi Benefits Termi-
nation Act of 1999’’.
SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI
PERSECUTORS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an individual who is determined under this
Act to have been a participant in Nazi persecution is not
eligible for any Federal public benefit.
(b) DEFINITIONS.—In this Act:
(1)
FEDERAL
PUBLIC
BENEFIT.—The
term
‘‘Federal public benefit’’ shall have the meaning
given such term by section 401(c)(1) of the Personal
Responsibility and Work Opportunity Reconciliation
•HR 1788 RH2
Act of 1996, but shall not include any benefit de-
scribed in section 401(b)(1) of such Act (and, for
purposes of applying such section 401(b)(1), the
term ‘‘alien’’ shall be considered to mean ‘‘indi-
vidual’’).
(2) PARTICIPANT IN NAZI PERSECUTION.—The
term ‘‘participant in Nazi persecution’’ means an in-
dividual who—
(A) if an alien, is shown by a preponder-
ance of the evidence to fall within the class of
persons who (if present within the United
States)
would
be
deportable
under
section
237(a)(4)(D) of the Immigration and Nation-
ality Act; or
(B) if a citizen, is shown by a preponder-
ance of the evidence—
(i) to have procured citizenship ille-
gally or by concealment of a material fact
or
willful
misrepresentation
within
the
meaning of section 340(a) of the Immigra-
tion and Nationality Act; and
(ii) to have participated in Nazi perse-
cution
within
the
meaning
of
section
212(a)(3)(E) of the Immigration and Na-
tionality Act.
•HR 1788 RH2
SEC. 3. DETERMINATIONS.
(a) HEARING BY IMMIGRATION JUDGE.—If the At-
torney General has reason to believe that an individual
who has applied for or is receiving a Federal public benefit
may have been a participant in Nazi persecution (within
the meaning of section 2 of this Act), the Attorney General
may provide an opportunity for a hearing on the record
with respect to the matter. The Attorney General may del-
egate the conduct of the hearing to an immigration judge
appointed
by
the
Attorney
General
under
section
101(b)(4) of the Immigration and Nationality Act.
(b) PROCEDURE.—
(1) RIGHT OF RESPONDENTS TO APPEAR.—
(A)
CITIZENS,
PERMANENT
RESIDENT
ALIENS,
AND
PERSONS
PRESENT
IN
THE
UNITED STATES.—At a hearing under this sec-
tion, each respondent may appear in person if
the respondent is a United States citizen, a per-
manent resident alien, or present within the
United States when the proceeding under this
section is initiated.
(B) OTHERS.—A respondent who is not a
citizen, a permanent resident alien, or present
within the United States when the proceeding
under this section is initiated may appear by
video conference.
•HR 1788 RH2
(C) RULE OF INTERPRETATION.—This Act
shall not be construed to permit the return to
the United States of an individual who is inad-
missible under section 212(a)(3)(E) of the Im-
migration and Nationality Act.
(2) OTHER RIGHTS OF RESPONDENTS.—At a
hearing under this section, each respondent may be
represented by counsel at no expense to the Federal
Government, present evidence, cross-examine wit-
nesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evi-
dence.
(3) RULES
OF
EVIDENCE.—Unless otherwise
provided in this Act, rules regarding the presen-
tation of evidence in the hearing shall apply in the
same manner in which such rules would apply in a
removal proceeding before a United States immigra-
tion judge under section 240 of the Immigration and
Nationality Act.
(c) HEARINGS, FINDINGS AND CONCLUSIONS, AND
ORDER.—
(1) FINDINGS AND CONCLUSIONS.—Within 60
days after the end of a hearing conducted under this
section, the immigration judge shall make findings
of fact and conclusions of law with respect to wheth-
•HR 1788 RH2
er the respondent has been a participant in Nazi
persecution (within the meaning of section 2 of this
Act).
(2) ORDER.—
(A)
FINDING
THAT
RESPONDENT
HAS
BEEN A PARTICIPANT IN NAZI PERSECUTION.—
If the immigration judge finds, by a preponder-
ance of the evidence, that the respondent has
been a participant in Nazi persecution (within
the meaning of section 2 of this Act), the immi-
gration judge shall promptly issue an order de-
claring the respondent to be ineligible for any
Federal public benefit, and prohibiting any per-
son from providing such a benefit, directly or
indirectly, to the respondent, and shall transmit
a copy of the order to any governmental entity
or person known to be so providing such a ben-
efit.
(B) FINDING THAT RESPONDENT HAS NOT
BEEN A PARTICIPANT IN NAZI PERSECUTION.—
If the immigration judge finds that there is in-
sufficient evidence for a finding under subpara-
graph (A) that a respondent has been a partici-
pant in Nazi persecution (within the meaning of
•HR 1788 RH2
section 2 of this Act), the immigration judge
shall issue an order dismissing the proceeding.
(C) EFFECTIVE DATE; LIMITATION OF LI-
ABILITY.—
(i)
EFFECTIVE
DATE.—An
order
issued pursuant to subparagraph (A) shall
be effective on the date of issuance.
(ii) LIMITATION OF LIABILITY.—Not-
withstanding clause (i), a person or entity
shall not be found to have provided a ben-
efit to an individual in violation of this Act
until the person or entity has received ac-
tual notice of the issuance of an order
under subparagraph (A) with respect to
the individual and has had a reasonable
opportunity to comply with the order.
(d) REVIEW BY ATTORNEY GENERAL; SERVICE OF
FINAL ORDER.—
(1) REVIEW BY ATTORNEY GENERAL.—The At-
torney General may, in her discretion, review any
finding or conclusion made, or order issued, under
subsection (c), and shall complete the review not
later than 30 days after the finding or conclusion is
so made, or order is so issued. Otherwise, the find-
ing, conclusion, or order shall be final.
•HR 1788 RH2
(2) SERVICE OF FINAL ORDER.—The Attorney
General shall cause the findings of fact and conclu-
sions of law made with respect to any final order
issued under this section, together with a copy of the
order, to be served on the respondent involved.
(e) JUDICIAL REVIEW.—Any party aggrieved by a
final order issued under this section may obtain a review
of the order by the United States Court of Appeals for
the Federal Circuit, by filing a petition for such review
not later than 30 days after the final order is issued.
(f) ISSUE AND CLAIM PRECLUSION.—In any adminis-
trative or judicial proceeding under this Act, the ordinary
rules of issue preclusion and claim preclusion shall apply.
SEC. 4. JURISDICTION OF UNITED STATES COURT OF AP-
PEALS FOR THE FEDERAL CIRCUIT OVER AP-
PEALS UNDER THIS ACT.
Section 1295(a) of title 28, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(13);
(2) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(15) of an appeal from a final order issued
under the Nazi Benefits Termination Act of 1999.’’.
•HR 1788 RH2
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nazi Benefits Termi-
nation Act of 1999’’.
SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI
PERSECUTORS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an individual who is determined under this
Act to have been a participant in Nazi persecution is not
eligible for any Federal public benefit.
(b) DEFINITIONS.—In this Act:
(1) FEDERAL PUBLIC BENEFIT.—The term ‘‘Fed-
eral public benefit’’ shall have the meaning given such
term by section 401(c)(1) (without rregard to section
401(c)(2)) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, but shall not
include any benefit described in section 401(b)(1) of
such Act (and, for purposes of applying such section
401(b)(1), the term ‘‘alien’’ shall be considered to
mean ‘‘individual’’).
(2) PARTICIPANT
IN
NAZI
PERSECUTION.—The
term ‘‘participant in Nazi persecution’’ means an in-
dividual who—
(A) if an alien, is shown by a preponder-
ance of the evidence to fall within the class of
persons who (if present within the United
States) would be deportable under section
•HR 1788 RH2
237(a)(4)(D) of the Immigration and Nation-
ality 
Act 
or 
inadmissible 
under 
section
212(a)(3)(E)(i) of such Act; or
(B) if a citizen, is shown by a preponder-
ance of the evidence—
(i) to have procured citizenship ille-
gally or by concealment of a material fact
or willful misrepresentation within the
meaning of section 340(a) of the Immigra-
tion and Nationality Act; and
(ii) to have participated in Nazi perse-
cution within the meaning of section
212(a)(3)(E) of the Immigration and Na-
tionality Act.
SEC. 3. DETERMINATIONS.
(a) HEARING BY IMMIGRATION JUDGE.—If the Attor-
ney General has reason to believe that an individual who
has applied for or is receiving a Federal public benefit may
have been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the Attorney General may
provide an opportunity for a hearing on the record with
respect to the matter. The Attorney General may delegate
the conduct of the hearing to an immigration judge ap-
pointed by the Attorney General under section 101(b)(4) of
the Immigration and Nationality Act.
•HR 1788 RH2
(b) PROCEDURE.—
(1) RIGHT OF RESPONDENTS TO APPEAR.—
(A) 
CITIZENS, 
PERMANENT
RESIDENT
ALIENS, AND PERSONS PRESENT IN THE UNITED
STATES.—At a hearing under this section, each
respondent may appear in person if the respond-
ent is a United States citizen, a permanent resi-
dent alien, or present within the United States.
(B) OTHERS.—A respondent who is not a
citizen, a permanent resident alien, or present
within the United States may appear by video
conference. A respondent who was present in the
United States when the proceeding was initiated
and who is no longer present in the United
States at the time of hearing may appear by
video conference.
(C) RULE OF INTERPRETATION.—This Act
shall not be construed to permit the return to the
United States of an individual who is inadmis-
sible under section 212(a)(3)(E) of the Immigra-
tion and Nationality Act.
(D) APPLICATION
OF
RULES
TO
OTHER
PROCEEDINGS.—The rules described in this
paragraph concerning the right of a respondent
to appear shall apply to any other hearing, re-
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view, conference, or proceeding of any sort in
which a determination of an immigration judge
or ineligibility of benefits pursuant to this Act is
an issue.
(2) OTHER
RIGHTS
OF
RESPONDENTS.—At a
hearing under this section, each respondent may be
represented by counsel (but at no expense to the Fed-
eral Government, present evidence, cross-examine wit-
nesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evidence.
(3) RULES OF EVIDENCE.—Unless otherwise pro-
vided in this Act, rules regarding the presentation of
evidence in the hearing shall apply in the same man-
ner in which such rules would apply in a removal
proceeding before a United States immigration judge
under section 240 of the Immigration and Nation-
ality Act.
(4) STAY OF PROCEEDINGS.—Hearings brought
under this section may be stayed pending resolution
of other proceedings or pending appeal only upon the
joint request of the parties.
(c) HEARINGS, FINDINGS
AND CONCLUSIONS, AND
ORDER.—
(1) FINDINGS
AND
CONCLUSIONS.—Within 60
days after the end of a hearing conducted under this
•HR 1788 RH2
(A) that a respondent has been a participant in
Nazi persecution (within the meaning of section
2 of this Act), the immigration judge shall issue
an order dismissing the proceeding.
(C) EFFECTIVE DATE; LIMITATION OF LI-
ABILITY.—
(i) EFFECTIVE DATE.—An order issued
pursuant to subparagraph (A) shall be effec-
tive on the date of issuance.
(ii) LIMITATION
OF
LIABILITY.—Not-
withstanding clause (i), a person or entity
shall not be found to have provided a benefit
to an individual in violation of this Act
until the person or entity has received ac-
tual notice of the issuance of an order under
subparagraph (A) with respect to the indi-
vidual and has had a reasonable oppor-
tunity to comply with the order.
(d) REVIEW BY ATTORNEY GENERAL; SERVICE OF
FINAL ORDER.—
(1) REVIEW BY ATTORNEY GENERAL.—The Attor-
ney General may, in her discretion, review any find-
ing or conclusion made, or order issued, under sub-
section (c), and shall initiate any review not later
•HR 1788 RH2
than 30 days after the finding or conclusion is so
made, or order is so issued.
(2) SERVICE OF FINAL ORDER.—The Attorney
General shall cause the findings of fact and conclu-
sions of law made with respect to any final order
issued under this section, together with a copy of the
order, to be served on the respondent involved.
(3) EFFECTIVE DATE OF FINAL ORDER.—If the
Attorney General does not initiate the review pro-
vided for in paragraph (1), any order, finding, or
conclusion under subsection (c) shall become final
upon the expiration of 30 days after the finding, con-
clusion, or order is so issued. If the Attorney General
does initiate the review provided for in paragraph
(1), any order, finding, or conclusion shall become
final either upon the issuance of a decision by the At-
torney General or upon expiration of 90 days after
the order, finding, or conclusion under subsection (c)
is issued, whichever is earlier.
(e) JUDICIAL REVIEW.—Any party aggrieved by a
final order issued under this section may obtain a review
of the order by the United States Court of Appeals for the
Federal Circuit, by filing a petition for such review not
later than 30 days after the final order becomes final, or
•HR 1788 RH2
completion of any review by the Attorney General, which-
ever is later.
(f) ISSUE AND CLAIM PRECLUSION.—In any adminis-
trative or judicial proceeding under this Act, the ordinary
rules of issue preclusion and claim preclusion shall apply.
SEC. 4. JURISDICTION OF UNITED STATES COURT OF AP-
PEALS FOR THE FEDERAL CIRCUIT OVER AP-
PEALS UNDER THIS ACT.
Section 1295(a) of title 28, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(13);
(2) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’;
(3) by adding at the end the following:
‘‘(15) of an appeal from a final order issued
under the Nazi Benefits Termination Act of 1999.’’.