`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Referred in Senate (RFS)]







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.

    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.

    (a) In General.--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) Issuance of regulations.--Not later than 6 months 
        after the date of the enactment of this section, and after 
        providing notice and an opportunity for public comment, the 
        head of the lead agency shall issue regulations to carry out 
        subsection (a).
            ``(2) Contents of regulations.--Regulations issued 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, the displacing agency shall provide relocation 
payments and other assistance to the displaced person under this Act if 
the displaced person is otherwise eligible for such assistance.
    ``(d) Limitation on Statutory Construction.--Nothing in this 
section may be construed to affect any rights 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, 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;''.

            Passed the House of Representatives July 8, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.`