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 Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To deny Federal public benefits to individuals who were
participants 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 2001’’.
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’’ has the meaning given such
term by section 401(c)(1) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1611(c)(1)), but shall not include
any benefit described in section 401(b)(1) of such
Act (8 U.S.C. 1611(b)(1)) (and, for purposes of ap-
plying such section 401(b)(1), the term ‘‘alien’’ shall
be considered to mean any individual).
(2) PARTICIPANT IN NAZI PERSECUTION.—The
term ‘‘participant in Nazi persecution’’ means an in-
dividual who—
(A) if an alien (as such term is defined in
section 101(a)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(3))), has com-
mitted one or more of the acts described in sec-
tion 212(a)(3)(E) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(3)(E)); or
(B) if a citizen of the United States—
(i) has procured citizenship illegally or
by concealment of a material fact or willful
misrepresentation; and
(ii) has committed one or more of the
acts described in section 212(a)(3)(E) of
the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(E)).
(3) RESPONDENT.—The term ‘‘respondent’’
means an individual whom the Attorney General is
providing an opportunity for a hearing on the record
under section 3(a).
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, the At-
torney 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 (as defined in section 101(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(4))).
(b) PROCEDURES.—
(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.
(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 (8 U.S.C.
1182(a)(3)(E)).
(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 at the hearing shall apply in the
same manner in which such rules would apply at a
removal proceeding before an immigration judge
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a).
(c) FINDINGS, CONCLUSIONS, AND ORDER.—
(1) FINDINGS
AND
CONCLUSIONS.—Not later
than 60 days after the date of the end of a hearing
conducted under this section, the immigration judge
shall make findings of fact and conclusions of law
with respect to whether the respondent has been a
participant in Nazi persecution.
(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, the im-
migration judge shall promptly issue an order
declaring 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, 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) or
(B) 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 his 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 date that the finding or
conclusion is so made, or order is so issued. Other-
wise, the finding, conclusion, or order shall be final.
(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 date that the final order
is issued.
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 2001.’’.
Æ