[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.

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