IIA

105TH CONGRESS

1ST SESSION H. R. 849

IN THE SENATE OF THE UNITED STATES

JULY 9, 1997

Received

NOVEMBER 13, 1997

Read twice and referred to the Committee on Environment and Public Works

AN ACT

To prohibit an alien who is not lawfully present in the

United States from receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

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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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) ISSUANCE OF REGULATIONS.—Not later

16 than 6 months after the date of the enactment of

17 this section, and after providing notice and an op18 portunity for public comment, the head of the lead

19 agency shall issue regulations to carry out sub20 section (a).

21 ‘‘(2) CONTENTS OF REGULATIONS.—Regula22 tions issued 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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1 is an alien not lawfully present in the United

2 States;

3 ‘‘(B) prohibit a displacing agency from dis4 criminating against any displaced person;

5 ‘‘(C) ensure that each eligibility determina6 tion is fair and based on reliable information;

7 and

8 ‘‘(D) prescribe standards for a displacing

9 agency to apply in making determinations relat10 ing to exceptional and extremely unusual hard11 ship under subsection (c).

12 ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL

13 HARDSHIP.—If a displacing agency determines by clear

14 and convincing evidence that a determination of the ineli15 gibility of a displaced person under subsection (a) would

16 result in exceptional and extremely unusual hardship to

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

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

19 alien lawfully admitted for permanent residence, the dis20 placing agency shall provide relocation payments and

21 other assistance to the displaced person under this Act

22 if the displaced person is otherwise eligible for such assist23 ance.

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

25 Nothing in this section may be construed to affect any
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1 rights available to a displaced person under any other pro2 vision of Federal or State law.’’.

3 SEC. 2. DUTIES OF LEAD AGENCY.

4 Section 213(a) of the Uniform Relocation Assistance

5 and Real Property Acquisition Policies Act of 1970 (42

6 U.S.C. 4633(a)) is amended—

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

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

9 (2) by inserting after paragraph (1) the follow10 ing:

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

12 General (acting through the Commissioner of the

13 Immigration and Naturalization Service), through

14 training and technical assistance activities, informa15 tion developed with the Attorney General (acting

16 through the Commissioner) on proper implementa17 tion of section 104;

18 ‘‘(3) ensure that displacing agencies implement

19 section 104 fairly and without discrimination;’’.

Passed the House of Representatives July 8, 1997.

Attest: ROBIN H. CARLE,

Clerk.