Date: December 5, 2014
Senate Passes H. R. 5739,
the No Social Security for Nazis Act
On December 4, 2014, the Senate passed H. R. 5739, the No Social Security for Nazis Act, without amendment by unanimous consent. The bill would terminate payment of Social Security benefits to additional individuals who participated in Nazi persecution. It also would clarify the timeframe in which the Department of Justice (DOJ) or the Department of Homeland Security (DHS) must notify the Social Security Administration (SSA) of certain actions involving these individuals. The bill now goes to the President for his signature.
Following are provisions of interest to SSA:
- Would terminate the retirement and disability benefits of individuals who, due to their participation in Nazi persecution, have revoked and set aside their citizenship or renounced their status as a United States national. 1
- In addition to terminating their retirement or disability benefits, the bill would also prohibit such individuals from receiving auxiliary benefits based on the earnings record of another person and Supplemental Security Income benefits.
- Would clarify the timeframe in which DOJ or DHS must notify SSA of an individual’s “removal, revocation and setting aside, or renunciation of nationality” based on his or her participation in Nazi persecution from “as soon as practicable after the removal” to no later than seven days after such removal, revocation and setting aside, or renunciation of nationality. Would also require DOJ or DHS to notify SSA of such actions that occurred prior to enactment.
- Would require that, within 30 days of each notification from DOJ or DHS, the Commissioner of SSA will certify to the House Committee on Ways and Means and the Senate Finance Committee that the individual’s benefits have been terminated.
- Would be effective for benefits payable for months beginning after enactment.
1 Under current law, the benefits of individuals who participated in Nazi persecution are terminated only when they have been issued a final order of removal from the United States.