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 PERSECU-
TION DISREGARDED IN DETERMINING ELIGIBILITY FOR
AND THE AMOUNT OF NEED-BASED BENEFITS AND SERV-
ICES.
(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 determina-
tions 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 govern-
ment 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 PERSECU-
TION.—Any agency of government that has not disregarded pay-
ments 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 HOUS-
ING 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-
H. R. 1873—2
ments to qualified individuals in the amount determined under
paragraph (3).
(2) QUALIFIED
INDIVIDUALS.—For purposes of this sub-
section, the term ‘‘qualified individual’’ means an individual
who—
(A) has received any payment because of the individ-
ual’s status as a victim of Nazi persecution;
(B) at any time during the period beginning on Feb-
ruary 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 sen-
tence.
(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 individ-
ual 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 para-
graph (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 sub-
section 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 Depart-
ment of Housing and Urban Development orally or in writ-
ing 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
H. R. 1873—3
(B) in the case of any other individual, the expiration
of the 12-month period beginning on the date of the enact-
ment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.