Set Text Size:

S

S

S

P.L. 105-117

Cite as "AILA InfoNet Doc. No. 97112158 (posted Nov. 21, 1997)"


--S.1258--

S.1258

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

An Act

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.

    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:

`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) 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 subsection (a).

      `(2) CONTENTS OF REGULATIONS- Regulations promulgated 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 in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this Act if 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. 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 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 accordance with section 104(b)(2)(B);'.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

END

© 1999, American Immigration Lawyers Association

 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us