[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10557-H10558]
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. KIM. Mr. Speaker, I move to suspend the rules and pass the Senate
bill (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.
[[Page H10558]]
The Clerk read as follows:
S. 1258
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 nay 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 process, procedures, and information
that a displacing agency must use in determining whether a
displaced person is an alien not lawfully present in the
Untied 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);''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Kim] and the gentleman from Ohio [Mr. Traficant] each
will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Kim].
Mr. KIM. Mr. Speaker, I yield myself such time as I may consume.
{time} 2230
Mr. Speaker, today we bring to the floor S. 1258, a bill to amend the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act to prohibit an illegal alien unlawfully present in the United
States from receiving assistance under the act.
Earlier this year the House passed a virtually identical bill, H.R.
849, originally introduced by the gentleman from California [Mr.
Packard].
When House Resolution 849 was last before this body, on the
corrections calendar it passed by a vote 399 to 0, an overwhelming
indication of House Resolution 849's bipartisan appeal.
S. 1258 and H.R. 849 plugs a loophole left open in last year's
immigration reform bill by amending the Uniform Relocation Assistance
Act to prohibit illegal aliens from receiving relocation assistance.
Acting at the request of the administration, the Senate bill extends
the time which the Department of Transportation will have to write the
implementing regulation from 6 months to 1 year. I recommend to my
colleagues we accommodate the administration on this issue.
I want to once again thank the gentleman from Minnesota [Mr.
Oberstar] and their staff for the cooperative way in which they have
worked with us to prepare this bill for final consideration today. I
want to also thank the gentleman from California [Mr. Packard] for
sponsoring his legislation and bringing this important issue to the
House's attention today. This is a good simple bipartisan bill that
plugs a loophole in immigration law. I urge my colleagues to support
the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the only substantive difference between the Senate bill
and H.R. 849 is the time period the Department of Transportation will
have to develop the regulations that prescribe the processes, the
procedures and the information a displacing agency must use to
determine whether a displaced person is ineligible for assistance
because of immigration status. The House bill provided 6 months; the
Senate bill provides 1 year. These regulations will, in large part,
determine whether this policy change is implemented fairly, that is all
displaced persons must demonstrate the immigration status, or whether
we are creating a new tool to, in fact, discriminate.
The administration believes it needs a full year, the Senate
responded to those concerns, and I am satisfied with changing the time
period for the rulemaking involved and also the fact I want to thank
the gentleman from California [Mr. Kim], the gentleman from
Pennsylvania [Mr. Shuster] and the gentleman from California [Mr.
Packard] for agreeing for key safeguards the Democrats insisted must
accompany the policy that illegal immigrants will not be eligible for
assistance under this act.
So with that again I thank the gentleman from California [Mr.
Packard] for his timely work on this issue. Having no other requests
for time, I urge an aye vote.
Mr. Speaker, I yield back the balance of my time.
Mr. KIM. Mr. Speaker, I, too, yield back the balance of my time.
The SPEAKER pro tempore (Mr. Callahan). All time has expired.
The question is on the motion offered by the gentleman from
California [Mr. Kim] that the House suspend the rules and pass the
Senate bill, S. 1258.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________