S. 1258

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR ASSISTANCE.

Title I of the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) is amended

by adding at the end the following:

‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR ASSISTANCE.

‘‘(a) IN GENERAL.—Except as provided in subsection (c), a displaced person shall not be eligible to receive relocation payments

or any other assistance under this Act if the displaced person

is an alien not lawfully present in the United States.

‘‘(b) DETERMINATIONS OF ELIGIBILITY.— ‘‘(1) PROMULGATION OF REGULATIONS.—Not later than 1

year after the date of enactment of this section, after providing

notice and an opportunity for public comment, the head of

the lead agency shall promulgate regulations to carry out subsection (a).

‘‘(2) CONTENTS OF REGULATIONS.—Regulations promulgated

under paragraph (1) shall—

‘‘(A) prescribe the processes, procedures, and information that a displacing agency must use in determining

whether a displaced person is an alien not lawfully present

in the United States;

‘‘(B) prohibit a displacing agency from discriminating

against any displaced person;

‘‘(C) ensure that each eligibility determination is fair

and based on reliable information; and

‘‘(D) prescribe standards for a displacing agency to

apply in making determinations relating to exceptional and

extremely unusual hardship under subsection (c).

‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP.—If a

displacing agency determines by clear and convincing evidence that

a determination of the ineligibility of a displaced person under

subsection (a) would result in exceptional and extremely unusual

hardship to an individual who is the displaced person’s spouse,

parent, or child and who is a citizen of the United States or

an alien lawfully admitted for permanent residence in the United

States, the displacing agency shall provide relocation payments

and other assistance to the displaced person under this Act if
S. 1258—2

the displaced person would be eligible for the assistance but for

subsection (a).

‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in

this section affects any right available to a displaced person under

any other provision of Federal or State law.’’.

SEC. 2. DUTIES OF LEAD AGENCY.

Section 213(a) of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 (42 U.S.C. 4633(a)) is

amended—

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively; and

(2) by inserting after paragraph (1) the following:

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

(acting through the Commissioner of the Immigration and

Naturalization Service), through training and technical assistance activities for displacing agencies, information developed

with the Attorney General (acting through the Commissioner)

on proper implementation of section 104;

‘‘(3) ensure that displacing agencies implement section 104

fairly and without discrimination in accordance with section

104(b)(2)(B);’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.