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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Nazi Benefits Termination Act of
1999''.

SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.

(a) In General.--Notwithstanding any other provision 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 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 individual who--
(A) if an alien, is shown by a preponderance 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
Nationality Act; or
(B) if a citizen, is shown by a preponderance of
the evidence--
(i) to have procured citizenship illegally
or by concealment of a material fact or willful
misrepresentation within the meaning of section
340(a) of the Immigration and Nationality Act;
and
(ii) to have participated in Nazi
persecution within the meaning of section
212(a)(3)(E) of the Immigration and Nationality
Act.

SEC. 3. DETERMINATIONS.

(a) Hearing by Immigration Judge.--If the Attorney 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 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 section, each respondent may appear in
person if the respondent is a United States citizen, a
permanent 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 inadmissible under section
212(a)(3)(E) of the Immigration 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 witnesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evidence.
(3) Rules of evidence.--Unless otherwise provided in this
Act, rules regarding the presentation 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
immigration 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 whether 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 preponderance of the evidence, that the respondent
has been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall promptly issue an order declaring the
respondent to be ineligible for any Federal public
benefit, and prohibiting any person 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 benefit.
(B) Finding that respondent has not been a
participant in nazi persecution.--If the immigration
judge finds that there is insufficient evidence for a
finding under subparagraph (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 liability.--
(i) Effective date.--An order issued
pursuant to subparagraph (A) shall be effective
on the date of issuance.
(ii) Limitation of liability.--
Notwithstanding 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 actual 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 Attorney 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 finding,
conclusion, or order shall be final.
(2) Service of final order.--The Attorney General shall
cause the findings of fact and conclusions 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 administrative 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 APPEALS FOR THE FEDERAL
CIRCUIT OVER APPEALS 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 paragraph (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.''.
Output:
Nazi Benefits Termination Act of 1999 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter. Allows the Attorney General to delegate the conduct of the hearing to an immigration judge.
Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit.
Authorizes the Attorney General to review any finding or conclusion made, or order issued, and to complete the review within a specified period, or the finding, conclusion, or order shall be final.
Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit.