Calendar No. 249

105TH CONGRESS

1ST SESSION S. 1258

A BILL

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

NOVEMBER 4, 1997

Reported with an amendment
II

Calendar No. 249

105TH CONGRESS

1ST SESSION S. 1258

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.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1997

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

NOVEMBER 4, 1997

Reported by Mr. CHAFEE, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

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 RS

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

3 (a) IN GENERAL.—Title I of the Uniform Relocation

4 Assistance and Real Property Acquisition Policies Act of

5 1970 (42 U.S.C. 4601 et seq.) is amended by adding at

6 the end the following:

7 ‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR AS8 SISTANCE.

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

10 (c), a displaced person shall not be eligible to receive relo11 cation payments or any other assistance under this Act

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

13 the United States.

14 ‘‘(b) DETERMINATIONS OF ELIGIBILITY.—

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

16 later than 180 days 1 year after the date of enact17 ment of this section, after providing notice and an

18 opportunity for public comment, the head of the lead

19 agency shall promulgate regulations to carry out

20 subsection (a).

21 ‘‘(2) CONTENTS OF REGULATIONS.—Regula22 tions promulgated under paragraph (1) shall—

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

24 and information that a displacing agency must

25 use in determining whether a displaced person
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•S 1258 RS

1 is an alien not lawfully present in the United

2 States;

3 ‘‘(B) prohibit a displacing agency from dis4 criminating, under this Act, against any dis5 placed person on the basis of race, color, or na6 tional origin;

7 ‘‘(C) ensure that each eligibility determina8 tion is fair and based on reliable information;

9 and

10 ‘‘(D) prescribe standards for a displacing

11 agency to apply in making determinations relat12 ing to exceptional and extremely unusual hard13 ship under subsection (c).

14 ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL

15 HARDSHIP.—If a displacing agency determines by clear

16 and convincing evidence that a determination of the ineli17 gibility of a displaced person under subsection (a) would

18 result in exceptional and extremely unusual hardship to

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

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

21 alien lawfully admitted for permanent residence in the

22 United States, the displacing agency shall provide reloca23 tion payments and other assistance to the displaced person

24 under this Act if the displaced person would be eligible

25 for the assistance but for subsection (a).
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•S 1258 RS

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

2 Nothing in this section affects any right available to a dis3 placed person under any other provision of Federal or

4 State law.’’.

5 SEC. 2. DUTIES OF LEAD AGENCY.

6 Section 213(a) of the Uniform Relocation Assistance

7 and Real Property Acquisition Policies Act of 1970 (42

8 U.S.C. 4633(a)) is amended—

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

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

11 (2) by inserting after paragraph (1) the follow12 ing:

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

14 General (acting through the Commissioner of the

15 Immigration and Naturalization Service), through

16 training and technical assistance activities for dis17 placing agencies, information developed with the At18 torney General (acting through the Commissioner)

19 on proper implementation of section 104;

20 ‘‘(3) ensure that displacing agencies implement

21 section 104 fairly and without discrimination in ac22 cordance with section 104(b)(2)(B);’’.