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.
PL 103-286 (H.R.1873), enacted 08/01/1994

108 STAT. 1450 
PUBLIC LAW 103-286—AUG. 1, 1994 
Public Law 103-286 
103d Congress 
An Act 
Aue 1 1994 
"^^ requu-e certain payments made to victims of Nazi persecution to be disregarded 
' 
in determining eligibility for and the amount of benefits or services based on 
[H.R.1873] 
need. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
42 use 1437a 
SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECU-
note. 
TION DISREGARDED IN DETERMINING EUGIBILITY 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 pa3nnents 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-
PUBLIC LAW 103-286—AUG. 1, 1994 
108 STAT. 1451 
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 pa3anents 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 pa3rment 
referred to in subparagraph (A); £ind 
(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 pa3rment 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 pa3nnent 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 pa3rment 
under this subsection, the expiration of the 6-month period 
beginning on the date of receipt of such notice; and 
108 STAT. 1452 
PUBLIC LAW 103-286—AUG. 1, 1994 
(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. 
Approved August 1, 1994, 
LEGISLATIVE HISTORY—H.R. 1873: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
July 12, considered and passed House. 
July 19, considered and passed Senate.