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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Holocaust Victim Insurance Relief
Act of 1998''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) During World War II, 6,000,000 victims of the Holocaust
lost their lives and property.
(2) In addition to the many atrocities that befell the
victims of the Nazi regime, many of the insurance claims that
rightfully should have been paid to the victims and their
families were not.
(3) In many instances, insurance company records are the
only proof of the existence of these insurance policies
belonging to Holocaust victims.
(4) Many Holocaust survivors and their descendants have
been fighting for 50 years to persuade insurance companies to
settle unpaid claims.
(5) Holocaust survivors and families of victims have asked
that insurance companies disclose any information they possess
that could show proof of insurance policies held by Holocaust
victims and survivors.
(6) Insurance companies doing business in the United States
have a responsibility to ensure that any involvement they or
their related companies may have had with insurance policies of
Holocaust victims are disclosed to the Federal Government and
to ensure the rapid resolution of these questions, eliminating
the further victimization of these policyholders and their
families.
(7) The international Jewish community is negotiating with
responsible insurance companies to establish an international
commission to resolve the issue of outstanding insurance
claims.

SEC. 3. ESTABLISHMENT OF HOLOCAUST INSURANCE REGISTRY.

The Secretary of the Treasury, Secretary of State, and Secretary of
Commerce shall jointly establish and maintain a central registry
containing records and information relating to insurance policies of
victims, living and deceased, of the Holocaust. The registry shall be
known as the Holocaust Insurance Registry and shall be accessible to
the public.

SEC. 4. FULL DISCLOSURE BY INSURANCE FIRMS.

Any insurer currently doing business in the United States that sold
life, property, liability, health, annuity, dowry, educational, or
casualty insurance policies, directly or through a related company, to
persons in Europe, which were in effect between 1920 and 1945, whether
the sale occurred before or after the insurer and the related company
became related, shall, within 180 days following the date of the
enactment of this Act, file or cause to be filed the following
information with the Departments of the Treasury, State, or Commerce to
be entered into the Holocaust Insurance Registry:
(1) The number of such insurance policies.
(2) The holder, beneficiary, and current status of such
policies.
(3) A comparison of the names of holders and beneficiaries
of such policies and the names of the victims of the Holocaust.
The names of victims of the Holocaust shall be provided by the
Department of State and may additionally be obtained from the Yad
Vashem repository in Israel.

SEC. 5. CERTIFICATION BY INSURANCE COMPANIES.

Each insurer subject to section 4 shall certify under penalty of
perjury to any of the following:
(1) The proceeds of the policies described in section 4
have been paid to the designated beneficiaries or their heirs
where that person or persons, after diligent search, could be
located and identified.
(2) The proceeds of the policies where the beneficiaries or
heirs could not, after diligent search, be located or
identified, have been distributed to Holocaust survivors or to
qualified charitable nonprofit organizations for the purpose of
assisting Holocaust survivors.
(3) A court of law has certified in a legal proceeding
resolving the rights of unpaid policyholders, their heirs, and
beneficiaries, a plan for the distribution of the proceeds.
(4) The proceeds have not been distributed and the amount
of those proceeds.
An insurer currently doing business in the United States that did not
sell any insurance policies in Europe prior to 1945, shall not be
subject to this section if a related company, whether or not authorized
and currently doing business in the United States, has made a filing
under this section.

SEC. 6. PENALTIES FOR FAILURE TO DISCLOSE INFORMATION.

(a) In General.--Any insurer that knowingly files information
required by this Act that is false shall be liable for a civil penalty
not to exceed $5,000 for each violation, which penalty is hereby
appropriated to the Departments of Treasury, State, and Commerce to be
used to aid in the resolution of Holocaust insurance claims.
(b) Suspension.--Any insurance company that fails to comply with
the requirements of this Act by the 210th day after the date of the
enactment of this Act, shall be suspended from practicing in the
insurance business until the time that the insurer complies with this
Act.
(c) Regulation.--The Secretary of the Treasury, Secretary of State,
and Secretary of Commerce shall jointly adopt regulations to implement
this Act.

SEC. 7. SENSE OF CONGRESS.

It is the sense of Congress that outstanding claims under insurance
policies held by Holocaust victims and survivors be resolved at the
earliest possible time.

SEC. 8. DEFINITIONS.

For purposes of this Act:
(1) The term ''Holocaust victim'' means any person who was
persecuted during the period of 1929 to 1945, inclusive, by
Nazi Germany, its allies, or sympathizers.
(2) The term ''related company'' means any parent,
subsidiary, reinsurer, successor in interest, managing general
agent, or affiliate company of the insurer.
(3) The term ''proceeds'' means the face value or other
payout value of insurance policies and annuities plus
reasonable interest to date of payment without diminution for
wartime or immediate postwar currency devaluation.

SOLUTION: Holocaust Victim Insurance Relief Act of 1998 - Directs the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce jointly to establish a central public registry containing records and information relating to insurance policies of living and deceased victims of the Holocaust, to be known as the Holocaust Insurance Registry.
Requires any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, to file with the Departments of the Treasury, State, or Commerce for entry into the Registry: (1) the number of such insurance policies; (2) the holder, beneficiary, and current status of such policies; and (3) a comparison of the names of holders and beneficiaries of such policies and the names of Holocaust victims.
Requires each such insurer to certify under penalty of perjury to any of the following: (1) the proceeds of the policies have been paid to the designated beneficiaries or their heirs where that person or persons could be located and identified; (2) the proceeds of the policies, where the beneficiaries or heirs could not be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors; (3) a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed and the amounts of those proceeds. Exempts from such filing requirement any insurer currently doing business in the United States that did not sell any insurance policies in Europe before 1945, if a related company, whether or not authorized and currently doing business in the United States, has made such a filing.
Makes any insurer that knowingly files false information liable for a civil penalty not to exceed $5,000 for each violation, which penalty is appropriated to the Departments of the Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims. Declares that any insurance company that fails to comply with the requirements of this Act shall be suspended from practicing in the insurance business until the time that the insurer complies.
Expresses the sense of the Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time.

PROBLEM: SECTION 1. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD
ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS.

(a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended--
(1) in subclause (I), by striking the comma at the end and
inserting a semicolon;
(2) in subclause (II), by striking '', or'' at the end and
inserting a semicolon;
(3) by amending subclause (III) to read as follows:
''(III) is a spouse (other than the
spouse who is the parent of the
abducted child), child (other than the
abducted child), parent, sibling,
cousin, uncle, aunt, nephew, niece, or
grandparent of an alien described in
clause (i), is an agent of such an
alien, or is a principal employing such
an alien as an agent, if such person
has been designated by the Secretary of
State at the Secretary's sole and
unreviewable discretion; or'' and
(4) by adding at the end the following:
''(IV) is a spouse of the abducted
child described in clause (i), if such
person has been designated by the
Secretary of State at the Secretary's
sole and unreviewable discretion,
is inadmissible until such child is surrendered
to the person granted custody by the order
described in that clause, and such custodian
and child are permitted to return to the United
States or such custodian's place of
residence.''.
(b) Identification of Aliens Supporting Abductors and Relatives of
Abductors; Notice to Custodial Parents and Guardians; Annual Report;
Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the
following:
''(iv) Identification of aliens supporting
abductors and relatives of abductors.--In all
instances in which an alien commits an act
described in clause (i), the Secretary of State
shall take appropriate action to identify the
individuals who are inadmissible under clause
(ii).
''(v) Notice to custodial parents and
guardians.--In all instances in which an alien
commits an act described in clause (i), the
Secretary of State shall, upon request of the
person granted custody of the child concerned,
inform the person of whether, and when, any
individual who is inadmissible under clause
(ii) by reason of such act has been issued a
visa or otherwise authorized to enter the
United States.
''(vi) Annual report.--The Secretary of
State annually shall submit to the Committee on
International Relations, the Committee on
Government Reform, and the Committee on the
Judiciary of the United States House of
Representatives, and the Committee on Foreign
Relations, the Committee on Governmental
Affairs, and the Committee on the Judiciary of
the United States Senate, a report that
provides, with respect to the preceding year,
an accounting of the number of cases known to
the Secretary of State, disaggregated according
to the nationality of the alien concerned--
''(I) in which an authority under
this subparagraph was exercised (and
with respect to each such case, the
specific ground for inadmissibility
shall be specified); and
''(II) in which an authority under
this subparagraph has not been
exercised but in which an alien, after
entry of an order by a court in the
United States granting custody to a
person of a United States citizen
child, detained or retained the child,
or withheld custody of the child,
outside the United States from the
person granted custody by that order.
''(vii) Definitions.--For purposes of this
subparagraph--
''(I) the term 'child' means an
individual who was a child at the time
the individual was detained or
retained, or at the time custody of the
individual was withheld, as described
in clause (i), regardless of the age or
marital status of the individual after
such time; and
''(II) the term 'sibling' includes
a step-sibling or half-sibling.''.

SOLUTION: Amends the Immigration and Nationality Act to prohibit the U.S. admission of aliens supporting international child abductors and relatives of such abductors until the child is surrendered to the legal custodian and such child and custodian are permitted to return to the United States or the custodian's residence. (Currently such prohibition applies to relatives of abductors.) Expands the scope of "relatives" to include cousins, uncles, aunts, nephews, nieces, and grandparents. Includes the spouse of the abducted child within such prohibition.Directs the Secretary of State to: (1) identify inadmissible aliens supporting child abductors and relatives of abductors; and (2) provide notice, upon request, to custodial parents and guardians if such an alien has been authorized to enter the United States.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Military Retired Pay Fairness Act of
2009''.

SEC. 2. LIMITATIONS ON RECOUPMENT OF SEPARATION PAY, SPECIAL SEPARATION
BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE FROM MEMBERS
SUBSEQUENTLY RECEIVING RETIRED OR RETAINER PAY.

(a) Separation Pay and Special Separation Benefits.--Section
1174(h)(1) of title 10, United States Code, is amended--
(1) by inserting ''(A)'' after ''(1)'';
(2) in subparagraph (A), as so designated, by striking ''so
much of such pay as is based on the service for which he
received separation pay under this section or separation pay,
severance pay, or readjustment pay under any other provision of
law'' and inserting ''an amount, in such schedule of monthly
installments as the Secretary of Defense shall specify taking
into account the financial ability of the member to pay and
avoiding the imposition of undue financial hardship on the
member and member's dependents,''; and
(3) by adding at the end the following new subparagraphs:
''(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense shall consult with the member regarding the
repayment rate to be imposed, taking into account the financial ability
of the member to pay and avoiding the imposition of an undue hardship
on the member and the member's dependents.
''(C) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense notifies the
member of the deduction of such amounts under this paragraph. Any
notice under this subparagraph shall be designed to provide clear and
comprehensive information on the deduction of amounts under this
paragraph, including information on the determination of the amount and
period of installments under this paragraph.
''(D) The Secretary of Defense may waive the deduction of amounts
from the retired or retainer pay of a member under this paragraph if
the Secretary determines that deduction of such amounts would result in
a financial hardship for the member.''.
(b) Voluntary Separation Incentive.--Section 1175(e)(3) of such
title is amended--
(1) in subparagraph (A), by striking ''so much of such pay
as is based on the service for which he received the voluntary
separation incentive'' and inserting ''an amount, in such
schedule of monthly installments as the Secretary of Defense or
the Secretary of Homeland Security, as applicable, shall
specify taking into account the financial ability of the member
to pay and avoiding the imposition of undue financial hardship
on the member and member's dependents,'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
''(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense or the Secretary of Homeland Security, as
applicable, shall consult with the member regarding the repayment rate
to be imposed, taking into account the financial ability of the member
to pay and avoiding the imposition of an undue hardship on the member
and the member's dependents.''; and
(4) by adding at the end the following new subparagraphs:
''(D) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense or the
Secretary of Homeland Security, as applicable, notifies the member of
the deduction of such amounts under this paragraph. Any notice under
this subparagraph shall be designed to provide clear and comprehensive
information on the deduction of amounts under this paragraph, including
information on the determination of the amount and period of
installments under this paragraph.
''(E) The Secretary of Defense or the Secretary of Homeland
Security, as applicable, may waive the deduction of amounts from the
retired or retainer pay of a member under this paragraph if the
Secretary determines that deduction of such amounts would result in a
financial hardship for the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning on or after the
date of the enactment of this Act and apply to deductions made from the
retired or retainer pay of members of the uniformed services for that
month and subsequent months.

SOLUTION:
Military Retired Pay Fairness Act of 2009 - Provides limitations on the recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces subsequently receiving military retired or retainer pay. Authorizes the Secretary of Defense or Homeland Security, as applicable, to waive such recoupments in cases of financial hardship.