Public Law 105-117
105th Congress
An Act
Nov. 21, 1997
[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.
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:
42 USC 4605. "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
