[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12207-S12209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES 
                         ACT OF 1970 AMENDMENT

  Mr. CRAIG. Mr. President, I now ask unanimous consent that the Senate 
now proceed to the consideration of S. 1258.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1258) to amend the Uniform Relocation Assistance 
     and Real Property Acquisition Policies Act of 1970.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 1617

                     (Purpose: Technical Amendment)

  Mr. CRAIG. Mr. President, Senator Bennett has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho (Mr. Craig), for Mr. Bennett, 
     proposes an amendment numbered 1617.

       On page 2, line 3, strike ``(a)''.
       On page 3, line 4, strike ``, under this Act,''.
       On page 3, beginning on line 5, strike ``on the basis of 
     race, color, or national origin''.

  Mr. BENNETT. Mr. President, I rise today to make a brief statement 
regarding S. 1258, a bill I introduced on October 6, 1997. This 
legislation will amend the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 to prohibit an alien not 
lawfully present in the United States from receiving assistance under 
that act. The Senate Committee on Environment and Public Works has 
reviewed this bill and approved it for Senate floor action.
  My purpose in bringing this bill before the Senate is to address a 
loophole that was inadvertently created when immigration and welfare 
reform bills were recently enacted. In part, these bills were crafted 
to prevent illegal immigrants from entering the United States by 
denying Federal taxpayer paid benefits to illegal aliens. Currently, 
illegal aliens are still eligible to receive relocation assistance. 
Often, this assistance turns out to be a significant sum of money.
  This legislation was originally introduced in the other body 
following an incident in California in which an illegal immigrant was 
awarded $12,000 because her legal status in this country made her 
ineligible to be moved into section 8 housing. In other instances, 
relocation assistance is being awarded to illegal aliens who then use 
the money to buy homes in their countries of origin.
  This legislation simply closes a loophole which was overlooked in 
previous legislation and fully complies with the intent of Congress 
when it enacted immigration and welfare reform laws. I note that this 
legislation will not affect foreign nationals residing in the

[[Page S12208]]

United States as legal residents or under the legal protection of a 
valid visa. In addition, the bill provides Federal agencies the ability 
to waive the provisions of this act in case of an exceptional and 
extremely unusual hardship.
  I have one technical amendment to bring the bill into conformance 
with the legislation already passed by the other body. This amendment 
does not change the substance of the bill and I ask that it be 
considered with the bill. I have worked closely with the Senate 
Committee on Environment and Public Works in bringing this bill to the 
floor. I appreciate their support and the help of committee staff in 
moving this legislation toward enactment.
  Mr. CHAFEE. Mr. President, today the Senate is considering S. 1258, a 
bill introduced by Senator Bennett 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. The Committee on Environment and 
Public Works unanimously approved this bill on Wednesday, October 29, 
1997.
  S. 1258 includes several features, in addition to the general 
provision prohibiting illegal aliens from receiving Federal assistance, 
to ensure that the act is carried out in a fair manner. In cases of 
extreme and unusual hardship, S. 1258 leaves it to the discretion of 
the Department of Transportation to provide a waiver to the 
ineligibility that is otherwise applicable. In addition, rights to 
compensation that an illegal alien may have under other Federal or 
State laws are not affected.
  I ask for unanimous consent that a letter from the Congressional 
Budget Office be printed in the Record.
  Mr. President, I encourage Senate adoption of this necessary measure.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    U.S. Congress,


                                   Congressional Budget Office

                                 Washington, DC, November 3, 1997.
     Hon. John H. Chafee,
     Chairman, Committee on Environment and Public Works, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for S. 1258, 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.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contacts for this 
     estimate are Deborah Reis (for federal costs), who can be 
     reached at 226-2860, and Kristen Layman (for the state and 
     local impact), who can be reached at 225-3220.
           Sincerely,
                                        June E. O'Neill, Director.
       Enclosure.


               congressional budget office, cost estimate

     S. 1258.--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
       CBO estimates that implementing S. 1258 would cost the 
     federal government less than $500,000 over the next year or 
     two, assuming appropriation of the necessary amounts. The 
     bill would not affect direct spending or receipts; therefore, 
     pay-as-you-go procedures would not apply. S. 1258 would 
     impose no intergovernmental or private-sector mandates as 
     defined in the Unfunded Mandates Reform Act of 1995 and would 
     impose no significant costs on state, local, or tribal 
     governments.
       S. 1258 would prevent persons who are not lawfully present 
     in the United States from receiving relocation payments or 
     other assistance when real property they occupy is acquired 
     by a federal agency or with federal financing. The bill would 
     require the U.S. Department of Transportation (DOT) to 
     promulgate regulations within one year of enactment to 
     implement the new law, including rules for determining 
     whether a displaced person is lawfully present in the country 
     and standards for judging when exceptions should be made for 
     unusual hardship. DOT also would be responsible for providing 
     agencies with information on proper implementation of the law 
     through training and technical assistance.
       Based on information provided by DOT and other agencies, 
     and assuming appropriation of the necessary amounts, CBO 
     estimates that DOT and other federal agencies would spend 
     less than $500,000 to develop the necessary regulations, 
     guidelines, and training programs to implement the 
     legislation. We expect that the bill would have little or no 
     effect on total property acquisition costs because so few 
     transactions are likely to involve aliens who reside 
     illegally in this country.
       The bill would place a new requirement on state, local, and 
     in some circumstances, tribal entities carrying out programs 
     or projects with federal financial assistance that result in 
     the displacement of persons. As a condition of receiving such 
     assistance, the affected entities would have to determine 
     whether displaced persons are lawfully present in the United 
     States. Based on discussions with the U.S. Departments of 
     Transportation and Housing and Urban Development, the 
     Immigration and Naturalization Service, and affected state 
     and local agencies, CBO estimates that the additional 
     administrative costs to state, local, and tribal governments 
     would be minimal.
       On June 20, 1997, CBO prepared a cost estimate for H.R. 
     849, as ordered reported by the House Committee on 
     Transportation and Infrastructure on June 11, 1997. The two 
     bills are similar and the estimates are identical.
       The CBO staff contacts for this estimate are Deborah Reis 
     (for federal costs), who can be reached at 226-2860, and 
     Kristen Layman (for the state and local impact), who can be 
     reached at 225-3220. This estimate was approved by Paul N. 
     Van de Water, Assistant Director for Budget Analysis.

  Mr. CRAIG. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be considered read the third time and passed, as 
amended, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill appear in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered
  The amendment (No. 1617) was agreed to.
  The bill (S. 1258), as amended, was passed, as follows:
       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);''.

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