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H.R. 5706 (113th): Nazi Social Security Benefits Termination Act of 2014

The text of the bill below is as of Nov 13, 2014 (Introduced).


I

113th CONGRESS

2d Session

H. R. 5706

IN THE HOUSE OF REPRESENTATIVES

November 13, 2014

(for herself, Mr. Chaffetz, Mr. Lance, Ms. Castor of Florida, Mr. McGovern, Mr. King of New York, Mr. Johnson of Georgia, Mr. Cicilline, Mr. Ellison, Mr. Murphy of Florida, Mr. Israel, Mr. Kilmer, Ms. Speier, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To deny Social Security benefits and other benefits to individuals whose citizenship has been revoked or renounced on the basis of their participation in Nazi persecution.

1.

Short title

This Act may be cited as the Nazi Social Security Benefits Termination Act of 2014 .

2.

Findings

Congress finds the following:

(1)

The United States of America serves as a beacon of refuge to thousands of victims fleeing religious, ethnic, racial, and other forms of persecution around the world and has become the home to thousands of survivors of the Nazi Holocaust.

(2)

In order to safeguard the integrity of the refugee and asylum system that has provided safety to those who fled the Holocaust, and in order to ensure that those survivors do not have to share their adopted homeland with their former persecutors, the policy of the United States has been that this country should not provide safe haven for those who participated in acts of Nazi persecution.

(3)

Congress enacted laws specifically to exclude or to remove participants of Nazi persecution from the United States and never intended that those individuals should be entitled to the benefits of citizenship or residency.

3.

Denial of Federal Public Benefits to Nazi Persecutors

(a)

In General

The following paragraphs shall apply notwithstanding any other provision of law:

(1)

Social security benefits

A participant in Nazi persecution is not eligible for any benefit under sections 202 or 223 of the Social Security Act ( 42 U.S.C. 402 ; 423).

(2)

Supplemental Security Income benefits

A participant in Nazi persecution is not eligible for any benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), including any supplemental payment pursuant to an agreement for Federal administration under section 1616(a) of such Act ( 42 U.S.C. 1382e ) and any payment pursuant to an agreement entered into under section 212 of Public Law 93–66 .

(b)

Participant in Nazi persecution defined

For purposes of this Act, the term participant in Nazi persecution means an individual—

(1)

with respect to whom an order admitting the individual to citizenship has been revoked under section 340 of the Immigration and Nationality Act in any case in which such revocation is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution); or

(2)

who has lost status as a national of the United States by voluntary renunciation under section 349(a)(5) of the Immigration and Nationality Act pursuant to a settlement agreement entered into with the Attorney General in which such individual has admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution).

(c)

Notification of disqualification

As soon as practicable after the Attorney General determines that an individual is a participant in Nazi persecution, the Attorney General shall notify the Commissioner of Social Security of the identity and residence of such individual.

(d)

Effective date

This section shall apply with respect to benefits for months beginning after the date of the enactment of this Act.

4.

Report

(a)

In General

Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Attorney General shall, in cooperation with the Commissioner of Social Security, submit to Congress a report that includes the following with respect to the year preceding the submission of such report—

(1)

an identification of the total number of individuals that the Attorney General has determined to be participants in Nazi persecution;

(2)

an identification of the total number of individuals—

(A)

with respect to whom the Attorney General pursued revocation of citizenship under section 340 of the Immigration and Nationality Act based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such revocation was denied; and

(B)

with respect to whom the Attorney General pursued a settlement agreement with such individual for voluntary renunciation of status as a national of the United States in which such individual admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such agreement was not completed;

(3)

an identification of the total number of individuals with respect to whom the Attorney General is actively investigating participation in Nazi persecution;

(4)

an identification of the total number of individuals with respect to whom the Attorney General has submitted a notification of disqualification to the Commissioner of Social Security as required under section 3(c); and

(5)

an accounting of the amount and frequency of payments under sections 202 or 223 of the Social Security Act, title XVI of the Social Security Act, or section 212 of Public Law 93–66 that were received by each participant in Nazi persecution prior to the date on which the Commissioner of Social Security received the notification of disqualification for such individual as required under section 3(c).