II

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

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,

3 SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR AS4 SISTANCE.

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

6 Assistance and Real Property Acquisition Policies Act of

7 1970 (42 U.S.C. 4601 et seq.) is amended by adding at

8 the end the following:
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•S 1258 IS

1 ‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR AS2 SISTANCE.

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

4 (c), a displaced person shall not be eligible to receive relo5 cation payments or any other assistance under this Act

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

7 the United States.

8 ‘‘(b) DETERMINATIONS OF ELIGIBILITY.—

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

10 later than 180 days after the date of enactment of

11 this section, after providing notice and an oppor12 tunity for public comment, the head of the lead

13 agency shall promulgate regulations to carry out

14 subsection (a).

15 ‘‘(2) CONTENTS OF REGULATIONS.—Regula16 tions promulgated under paragraph (1) shall—

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

18 and information that a displacing agency must

19 use in determining whether a displaced person

20 is an alien not lawfully present in the United

21 States;

22 ‘‘(B) prohibit a displacing agency from dis23 criminating, under this Act, against any dis24 placed person on the basis of race, color, or na25 tional origin;
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1 ‘‘(C) ensure that each eligibility determina2 tion is fair and based on reliable information;

3 and

4 ‘‘(D) prescribe standards for a displacing

5 agency to apply in making determinations relat6 ing to exceptional and extremely unusual hard7 ship under subsection (c).

8 ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL

9 HARDSHIP.—If a displacing agency determines by clear

10 and convincing evidence that a determination of the ineli11 gibility of a displaced person under subsection (a) would

12 result in exceptional and extremely unusual hardship to

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

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

15 alien lawfully admitted for permanent residence in the

16 United States, the displacing agency shall provide reloca17 tion payments and other assistance to the displaced person

18 under this Act if the displaced person would be eligible

19 for the assistance but for subsection (a).

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

21 Nothing in this section affects any right available to a dis22 placed person under any other provision of Federal or

23 State law.’’.
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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);’’.

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