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.
PL 105-117 (S.1258), enacted 11/21/1997

I l l STAT. 2384 
PUBLIC LAW 105-117—NOV. 21, 1997 
Public Law 105-117 
105th Congress 
An Act 
91 1QQ7 
'^^ 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 
[S. 1258] 
States from receiving assistance under that Act. 
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. 
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: 
42 u s e 4605. 
"SEC. 104. DISPLACED PERSONS NOT ELIGIBLE FOR ASSISTANCE. 
"(a) IN GENERAL.—Except as provided in subsection (c), a dis-
placed 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) PROMULGATION OF REGULATIONS.—Not later than 1 
year after the date of enactment of this section, after providing 
notice and an opportunity for public comment, the head of 
the lead agency shall promulgate regulations to carry out sub-
section (a). 
"(2) CONTENTS OF REGULATIONS.—Regulations promulgated 
under paragraph (1) shall— 
"(A) prescribe the processes, procedures, and informa-
tion 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 in the United 
States, the displacing agency shall provide relocation payments 
and other assistance to the displaced person under this Act if 
PUBLIC LAW 105-117—NOV. 21, 1997 
111 STAT. 2385 
the displaced person would be eligible for the assistance but for 
subsection (a). 
"(d) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this section affects any right available to a displaced person under 
any other provision of Federal or State law.". 
SEC. 2. DtrriES OF LEAD AGENCY. 
Section 213(a) of the Uniform Relocation Assistance and Real 
Property Acquisition Pohcies Act of 1970 (42 U.S.C. 4633(a)) is 
amended— 
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (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 teclmical assist-
ance activities for displacing agencies, 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 in accordsmce with section 
104(b)(2)(B);". 
Approved November 21, 1997. 
LEGISLATIVE HISTORY—S. 1258 (H.R. 849): 
HOUSE REPORTS: No. 105-147 accompanying H.R. 849 (Comm. on Transportation 
and Infrastructure). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 8, considered and passed Senate. 
Nov. 9, considered and passed House.