[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Reported in House (RH)]






                                                  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 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,

<DELETED>SECTION 1. DISPLACED PERSON DEFINED.</DELETED>

<DELETED>    Section 101(6)(B) of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601(6)(B)) 
is amended--</DELETED>
        <DELETED>    (1) by striking the period at the end of clause 
        (ii) and inserting ``; and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(iii) an alien that is not lawfully 
                present in the United States.''.</DELETED>

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;''.




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

_______________________________________________________________________

                             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