[105th Congress Public Law 117]
[From the U.S. Government Printing Office]
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[DOCID: f:publ117.105]
[[Page 111 STAT. 2384]]
Public Law 105-117
105th Congress
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. <<NOTE: Nov.
21, 1997 - [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. <<NOTE: 42
USC 4605.>>
``(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
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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);''.
Approved November 21, 1997.
LEGISLATIVE HISTORY--S. 1258 (H.R. 849):
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HOUSE REPORTS: No. 105-147 accompanying H.R. 849 (Comm. on
Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 8, considered and passed Senate.
Nov. 9, considered and passed House.
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