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 Uni-
form Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 849 RFS
SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR AS-
SISTANCE.
(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 AS-
SISTANCE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), a displaced person shall not be eligible to receive relo-
cation 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 op-
portunity for public comment, the head of the lead
agency shall issue regulations to carry out sub-
section (a).
‘‘(2) CONTENTS
OF
REGULATIONS.—Regula-
tions issued under paragraph (1) shall—
‘‘(A) prescribe the processes, procedures,
and information that a displacing agency must
use in determining whether a displaced person
HR 849 RFS
is an alien not lawfully present in the United
States;
‘‘(B) prohibit a displacing agency from dis-
criminating against any displaced person;
‘‘(C) ensure that each eligibility determina-
tion is fair and based on reliable information;
and
‘‘(D) prescribe standards for a displacing
agency to apply in making determinations relat-
ing to exceptional and extremely unusual hard-
ship under subsection (c).
‘‘(c) EXCEPTIONAL
AND
EXTREMELY
UNUSUAL
HARDSHIP.—If a displacing agency determines by clear
and convincing evidence that a determination of the ineli-
gibility 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 dis-
placing agency shall provide relocation payments and
other assistance to the displaced person under this Act
if the displaced person is otherwise eligible for such assist-
ance.
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed to affect any
HR 849 RFS
rights available to a displaced person under any other pro-
vision 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 follow-
ing:
‘‘(2) provide, in consultation with the Attorney
General (acting through the Commissioner of the
Immigration and Naturalization Service), through
training and technical assistance activities, informa-
tion developed with the Attorney General (acting
through the Commissioner) on proper implementa-
tion 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.