[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Enrolled Bill (ENR)]

        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.