Pub.L. 105-118 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1998, and for other purposes. <> ...

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[[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

[[Page 111 STAT. 2385]]

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):
---------------------------------------------------------------------------

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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