text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Nazi Benefits Termination Act of 
  2001''.
  
  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'' has the meaning given such term by section 401(c)(1) 
          of the Personal Responsibility and Work Opportunity 
          Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not 
          include any benefit described in section 401(b)(1) of such Act 
          (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such 
          section 401(b)(1), the term ``alien'' shall be considered to 
          mean any individual).
              (2) Participant in nazi persecution.--The term 
          ``participant in Nazi persecution'' means an individual who--
                      (A) if an alien (as such term is defined in section 
                  101(a)(3) of the Immigration and Nationality Act (8 
                  U.S.C. 1101(a)(3))), has committed one or more of the 
                  acts described in section 212(a)(3)(E) of the 
                  Immigration and Nationality Act (8 U.S.C. 
                  1182(a)(3)(E)); or
                      (B) if a citizen of the United States--
                              (i) has procured citizenship illegally or 
                          by concealment of a material fact or willful 
                          misrepresentation; and
                              (ii) has committed one or more of the acts 
                          described in section 212(a)(3)(E) of the 
                          Immigration and Nationality Act (8 U.S.C. 
                          1182(a)(3)(E)).
              (3) Respondent.--The term ``respondent'' means an 
          individual whom the Attorney General is providing an 
          opportunity for a hearing on the record under section 3(a).
  
  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, 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 (as 
  defined in section 101(b)(4) of the Immigration and Nationality Act (8 
  U.S.C. 1101(b)(4))).
      (b) Procedures.--
              (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 (8 
                  U.S.C. 1182(a)(3)(E)).
              (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 at the 
          hearing shall apply in the same manner in which such rules 
          would apply at a removal proceeding before an immigration judge 
          under section 240 of the Immigration and Nationality Act (8 
          U.S.C. 1229a).
      (c) Findings, Conclusions, and Order.--
              (1) Findings and conclusions.--Not later than 60 days after 
          the date of 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.
              (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, 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, 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) or (B) 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 his 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 date that 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 date that the final 
  order is issued.
  
  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 2001.''.
target: Nazi Benefits Termination Act of 2001 - 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.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 providing such a benefit.Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days (otherwise such finding, conclusion, or order shall be final).Provides for the appeal of findings or orders by an aggrieved party to the U.S. Court of Appeals for the Federal Circuit.
feat_title: To deny Federal public benefits to individuals who were participants in Nazi persecution.