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Union Calendar No. 87

105TH CONGRESS

1ST SESSION H. R. 849

[Report No. 105–147]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 26, 1997

Mr. PACKARD (for himself, Mr. BILBRAY, Mr. CUNNINGHAM, Mr. HUNTER,

Mr. ROHRABACHER, and Mr. TRAFICANT) introduced the following bill;

which was referred to the Committee on Transportation and Infrastructure

JUNE 23, 1997

Additional sponsors: Mr. BONO, Mr. CALVERT, Mr. GALLEGLY, Mr. MCKEON,

Mr. ROYCE, Mr. SMITH of Texas, Mr. GOODLATTE, Mr. EWING, Mr.

KINGSTON, Mr. HAYWORTH, Mr. STUMP, Mr. PAPPAS, Mr. HASTERT,

Mr. MILLER of Florida, Mr. BAKER, Mr. WATTS of Oklahoma, Mr.

MANZULLO, Mr. FOLEY, Mr. SOUDER, and Mr. SHERMAN

JUNE 23, 1997

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To prohibit an alien who is not lawfully present in the

United States from receiving assistance under the Uni-
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form 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,

3 SECTION 1. DISPLACED PERSON DEFINED.

4 Section 101(6)(B) of the Uniform Relocation Assist5 ance and Real Property Acquisition Policies Act of 1970

6 (42 U.S.C. 4601(6)(B)) is amended—

7 (1) by striking the period at the end of clause

8 (ii) and inserting ‘‘; and’’; and

9 (2) by adding at the end the following:

10 ‘‘(iii) an alien that is not lawfully present

11 in the United States.’’.

12 SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR AS13 SISTANCE.

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

15 Assistance and Real Property Acquisition Policies Act of

16 1970 (42 U.S.C. 4601 et seq.) is amended by adding at the

17 end the following:

18 ‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR ASSIST19 ANCE.

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

21 (c), a displaced person shall not be eligible to receive reloca22 tion payments or any other assistance under this Act if the

23 displaced person is an alien not lawfully present in the

24 United States.
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1 ‘‘(b) DETERMINATIONS OF ELIGIBILITY.—

2 ‘‘(1) ISSUANCE OF REGULATIONS.—Not later

3 than 6 months after the date of the enactment of this

4 section, and after providing notice and an oppor5 tunity for public comment, the head of the lead agen6 cy shall issue regulations to carry out subsection (a).

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

8 issued under paragraph (1) shall—

9 ‘‘(A) prescribe the processes, procedures, and

10 information that a displacing agency must use

11 in determining whether a displaced person is an

12 alien not lawfully present in the United States;

13 ‘‘(B) prohibit a displacing agency from dis14 criminating against any displaced person;

15 ‘‘(C) ensure that each eligibility determina16 tion is fair and based on reliable information;

17 and

18 ‘‘(D) prescribe standards for a displacing

19 agency to apply in making determinations relat20 ing to exceptional and extremely unusual hard21 ship under subsection (c).

22 ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL HARD23 SHIP.—If a displacing agency determines by clear and con24 vincing evidence that a determination of the ineligibility

25 of a displaced person under subsection (a) would result in
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1 exceptional and extremely unusual hardship to an individ2 ual who is the displaced person’s spouse, parent, or child

3 and who is a citizen of the United States or an alien law4 fully admitted for permanent residence, the displacing

5 agency shall provide relocation payments and other assist6 ance to the displaced person under this Act if the displaced

7 person is otherwise eligible for such assistance.

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

9 Nothing in this section may be construed to affect any

10 rights available to a displaced person under any other pro11 vision of Federal or State law.’’.

12 SEC. 2. DUTIES OF LEAD AGENCY.

13 Section 213(a) of the Uniform Relocation Assistance

14 and Real Property Acquisition Policies Act of 1970 (42

15 U.S.C. 4633(a)) is amended—

16 (1) by redesignating paragraphs (2), (3), and (4)

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

18 (2) by inserting after paragraph (1) the follow19 ing:

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

21 General (acting through the Commissioner of the Im22 migration and Naturalization Service), through

23 training and technical assistance activities, informa24 tion developed with the Attorney General (acting
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1 through the Commissioner) on proper implementation

2 of section 104;

3 ‘‘(3) ensure that displacing agencies implement

4 section 104 fairly and without discrimination;’’.
Union Calendar No. 87

105TH CONGRESS

1ST SESSION H. R. 849

[Report No. 105–147]

A BILL

To prohibit an alien who is not lawfully present in

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

JUNE 23, 1997

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and