[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1258

     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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October  6, 1997

  Mr. Bennett introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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.

    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.

    (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) Promulgation of regulations.--Not later than 180 days 
        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, under this Act, against any displaced 
                person on the basis of race, color, or national origin;
                    ``(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);''.
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