105TH CONGRESS

1ST SESSION S. 1258

AN ACT

To amend the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to prohibit an alien

who is not lawfully present in the United States from

receiving assistance under that Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 1258 ES

1 SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR AS2 SISTANCE.

3 Title I of the Uniform Relocation Assistance and Real

4 Property Acquisition Policies Act of 1970 (42 U.S.C. 4601

5 et seq.) is amended by adding at the end the following:

6 ‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR AS7 SISTANCE.

8 ‘‘(a) IN GENERAL.—Except as provided in subsection

9 (c), a displaced person shall not be eligible to receive relo10 cation payments or any other assistance under this Act

11 if the displaced person is an alien not lawfully present in

12 the United States.

13 ‘‘(b) DETERMINATIONS OF ELIGIBILITY.—

14 ‘‘(1) PROMULGATION OF REGULATIONS.—Not

15 later than 1 year after the date of enactment of this

16 section, after providing notice and an opportunity

17 for public comment, the head of the lead agency

18 shall promulgate regulations to carry out subsection

19 (a).

20 ‘‘(2) CONTENTS OF REGULATIONS.—Regula21 tions promulgated under paragraph (1) shall—

22 ‘‘(A) prescribe the processes, procedures,

23 and information that a displacing agency must

24 use in determining whether a displaced person

25 is an alien not lawfully present in the United

26 States;
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S 1258 ES

1 ‘‘(B) prohibit a displacing agency from dis2 criminating, against any displaced person;

3 ‘‘(C) ensure that each eligibility determina4 tion is fair and based on reliable information;

5 and

6 ‘‘(D) prescribe standards for a displacing

7 agency to apply in making determinations relat8 ing to exceptional and extremely unusual hard9 ship under subsection (c).

10 ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL

11 HARDSHIP.—If a displacing agency determines by clear

12 and convincing evidence that a determination of the ineli13 gibility of a displaced person under subsection (a) would

14 result in exceptional and extremely unusual hardship to

15 an individual who is the displaced person’s spouse, parent,

16 or child and who is a citizen of the United States or an

17 alien lawfully admitted for permanent residence in the

18 United States, the displacing agency shall provide reloca19 tion payments and other assistance to the displaced person

20 under this Act if the displaced person would be eligible

21 for the assistance but for subsection (a).

22 ‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—

23 Nothing in this section affects any right available to a dis24 placed person under any other provision of Federal or

25 State law.’’.
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S 1258 ES

1 SEC. 2. DUTIES OF LEAD AGENCY.

2 Section 213(a) of the Uniform Relocation Assistance

3 and Real Property Acquisition Policies Act of 1970 (42

4 U.S.C. 4633(a)) is amended—

5 (1) by redesignating paragraphs (2), (3), and

6 (4) as paragraphs (4), (5), and (6), respectively; and

7 (2) by inserting after paragraph (1) the follow8 ing:

9 ‘‘(2) provide, in consultation with the Attorney

10 General (acting through the Commissioner of the

11 Immigration and Naturalization Service), through

12 training and technical assistance activities for dis13 placing agencies, information developed with the At14 torney General (acting through the Commissioner)

15 on proper implementation of section 104;

16 ‘‘(3) ensure that displacing agencies implement

17 section 104 fairly and without discrimination in ac18 cordance with section 104(b)(2)(B);’’.

Passed the Senate November 8, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1258

AN ACT

To amend the Uniform Relocation Assistance and

under that Act.the United States from receiving assistanceprohibit an alien who is not lawfully present inReal Property Acquisition Policies Act of 1970 to