[House Report 105-147]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-147
_______________________________________________________________________
INELIGIBILITY OF ILLEGAL ALIENS FOR RELOCATION ASSISTANCE
_______
June 23, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 849]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 849) to prohibit an alien who is
not lawfully present in the United States from receiving
assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. DISPLACED PERSONS NOT ELIGIBLE FOR ASSISTANCE.
(a) In General.--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 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) Issuance of regulations.--Not later than 6 months after
the date of the enactment of this section, and after providing
notice and an opportunity for public comment, the head of the
lead agency shall issue regulations to carry out subsection
(a).
``(2) Contents of regulations.--Regulations issued 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, the displacing agency shall provide relocation
payments and other assistance to the displaced person under this Act if
the displaced person is otherwise eligible for such assistance.
``(d) Limitation on Statutory Construction.--Nothing in this section
may be construed to affect any rights 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, 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;''.
Purpose and Summary
The purpose of this legislation is to amend the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) to prohibit individuals who are aliens not
lawfully present in the United States from receiving relocation
assistance.
Need for Legislation
The URA provides a statutory scheme of compensation to any
person who is displaced from property as a result of the
acquisition of that property for a Federal program or project
or for a project which uses Federal financial assistance.
Displaced people entitled to compensation are property
occupants including: real property owners; residential tenants;
and operators of businesses and farms. To the extent that the
statutory scheme applies to real property owner/occupants, it
is a legislative supplement to the compensation required by the
Just Compensation clause of the Fifth Amendment to the United
States Constitution. For tenants and business operators who are
not real property owners, recovery under the Just Compensation
clause is extremely rare and the URA will typically provide the
only compensation of any significance. In all cases URA
compensation is based upon a regulatory formula taking into
account such factors as moving costs, length of occupancy and
rent or mortgage differentials.
H.R. 849, will deny relocation compensation to any
individual who is an alien ``not lawfully present in the United
States,'' i.e. an illegal alien. It was prompted by local press
reports from Oceanside, California detailing $12,000 in
compensation and assistance to an allegedly illegal alien
displaced from public housing by condemnation of the building
for a local community AIDS center. The Immigration and
Naturalization Service is currently investigating this person's
immigration status. There are also press reports of a similar
instance in New Jersey.
Section-by-Section Analysis
As ordered reported by the Committee, H.R. 849 contains the
following sections:
Section 1.--Section 1 amends the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
by adding a new section to the law, Section 104. The provisions
of new Section 104 are as follows:
Section 104(a) prohibits relocation payments to any
displaced person who is an illegal alien, that is, one who is
``not lawfully present'' in the United States. The Committee
understands that ``not lawfully present'' is a term of art in
immigration law and is limited to those who are unlawfully
present in the United States after the expiration of the period
of stay authorized by the Attorney General or are present in
the United States without being admitted or paroled. Those who
are lawfully present in the United States include both those
with American citizenship and those who are lawful residents.
The Committee also understands that the phrase ``not
lawfully present'' is limited to those contexts where an alien
is illegally in the United States. The phrase should not be,
and has not been, interpreted to mean that relocation
assistance should be denied to those who lawfully own property
in the United States and are not in the United States
unlawfully at the time eligibility for relocation assistance is
determined. A foreign national who resides outside the United
States, or an American citizen residing outside the United
States, but who owns property within the United States will not
be denied relocation assistance by this provision.
Section 104(b) directs the Department of Transportation to
issue regulations implementing Section 104(a) within 6 months
of enactment of the bill into law. In issuing these regulations
the Department must provide for public notice and comment. The
regulations shall prescribe the processes, procedures and
information all agencies will use in determining whether a
displaced person is ineligible for relocation payments under
subsection (a). The regulations will also prohibit
discrimination and will be required to ensure that all
individual eligibility determinations are based on reliable
information.
It is not the Committee's intent to specify precisely the
content of such regulations. However, the Committee anticipates
that these regulations will conform to the following
principles:
(1) The regulations for determining eligibility for
relocation assistance based upon immigration status will be
applied uniformly to all applicants. All applicants will be
required to establish eligibility by demonstrating citizenship
or lawful residence and uniform standards for establishing
eligibility shall apply to all applicants.
(2) The regulations will establish procedures and standards
for the determination of eligibility for relocation benefits of
those whose immigration status has yet to be determined, such
as asylum seekers. The Committee intends that the regulations
shall establish standards that every displacing agency would
apply to such cases. All displacing agencies should treat
similarly situated individuals in a similar fashion.
(3) The regulations will adopt uniform evidentiary
standards which displacing agencies will use to establish
eligibility for relocation assistance. The Committee expects
that the regulations will list documents a displacing agency
may request as evidence of lawful residency or citizenship. For
example, 8 U.S.C. Sec. 274A of the Immigration and Nationality
Act lists documents that employers may request to determine a
person's eligibility for employment. A comparable list could be
developed for the relocation assistance context.
(4) The regulations will incorporate existing regulations
relating to administrative appeals from adverse determinations,
such as those set forth in 49 CFR 24.10. These regulations
derive from Section 213(b)(3) of the URA which the Committee
intends to apply to eligibility determinations under Section
104. The Committee also anticipatesthat relocation notices
required pursuant to 49 CFR 24.203 will clearly indicate that the right
to appeal includes appeal of an eligibility determination under Section
104.
The Committee notes that, in requiring that the regulations
provide for the determination of eligibility for relocation
assistance on the basis of ``reliable evidence,'' the Committee
is speaking to the nature and quantum of evidence necessary and
suitable for each individual eligibility determination. It is
not the Committee's intent that the Department of
Transportation should assess the overall reliability of
existing databases and information systems of the Immigration
and Naturalization Service (INS). To the contrary, the
Committee anticipates that the regulations will incorporate the
expertise of the INS in determining immigration status and will
rely upon existing information and databases developed by the
INS, such as the System for Alien Verification of Eligibility
established in Section 121(a) of the Immigration Reform and
Control Act of 1986, or comparable systems.
Section 104(c) provides a safety net for those highly
unusual and rare situations where, in the case of a person not
lawfully present in the United States, failure to provide
compensation for displacement would cause exceptional and
extremely unusual hardship to a displaced alien's spouse, child
or parent who is a United States citizen or a lawful resident
alien. In such rare circumstances it is appropriate to waive
the ineligibility that is otherwise applicable under subsection
(a) even though the recipient is an illegal alien.
The Committee intends that this exemption be used very
sparingly. Accordingly, the Committee has adopted the hardship
standard established for the cancellation of removal under the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, 8 U.S.C. Sec. 240A(b)(1)(D) . A level of hardship that
would merit cancellation of removal should also merit
displacement compensation under the Uniform Relocation
Assistance Act for those not lawfully present in the United
States if they otherwise qualify as a displaced person. The
Committee anticipates that in providing guidance to displacing
agencies for implementing subsection (c) the lead agency will
be informed and guided by the standards developed in the
interpretation of the parallel immigration provisions.
Displacement always causes some degree of hardship; the
exemption described in subsection (c) is intended to be applied
to those situations which are truly extraordinary and warrant
an exception. Thus, the Committee intends that the agency
require clear and convincing evidence of harm to an illegal
alien's spouse, child or parent (who is a United States citizen
or lawfully resident alien) that is substantially beyond that
which would ordinarily result from displacement. For example,
the mere fact that the displaced person is an illegal alien who
has a spouse, parent or child of U.S. citizenship would not, by
itself, provide a basis for exempting the alien from the
operation of the provisions of this Act. Indeed, it was the
provision of compensation in these circumstances under existing
law that was a prime motivation for this legislation. Nor would
the Committee anticipate that social circumstances, such as
having become acclimated to life in the United States or a
particular locality, would constitute the requisite hardship.
The Committee shares the Judiciary Committee's view that:
* * * our immigration law is generally clear that an
alien may not derive benefits or compensation through
his or her child, parent or spouse who is a United
States citizen. The availability in truly exceptional
cases or relief under [subsection (c)] must not
undermine this or other fundamental immigration
enforcement policies.
House Rpt. 104-828, at 213-14 (104th Cong. 2d Sess.) (referring
to Section 240A as enacted in the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996).
Despite the narrowness of this exemption, the Committee
believes that it is important to include such a provision in
law for two reasons. First, an exemption from ineligibility for
compensation for exceptional and extremely unusual cases is
necessary to establish consistency between this legislation and
general immigration law. Second, the Committee recognizes that
extreme conditions which cannot presently be foreseen can arise
that would warrant an exemption.
Section 104(d) makes clear that nothing in the provisions
of H.R. 849 in any way replaces or modifies other rights that a
displaced person might have under Federal or state laws other
than the URA. To the extent that illegal aliens have a real
property interest for which they may seek compensation under
the Just Compensation clause of the United States Constitution,
under a relevant state constitution, or under other applicable
Federal or state laws, they remain free to do so. The sole
intention of H.R. 849 is to eliminate the Federal right to
relocation assistance under the URA.
Section 2.--Section 2 requires the Secretary of
Transportation, in consultation with the Attorney General, to
provide training to other agencies on the proper implementation
of Section 104 and to ensure that Section 104 is implemented
fairly and without discrimination.
Committee Consideration
The Committee on Transportation and Infrastructure held no
hearings on the legislation. The Committee, at a meeting on
June 11, 1997, a quorum being present, discharged the
Subcommittee on Surface Transportation from further
consideration of H.R. 849, unanimously approved the bill, as
amended, by voice vote and ordered it reported.
Rollcall Vote
Clause 2(l)(2)(A) and (B) of rule XI requires that a
majority of a committee be present in order to report a
measure; and that each committee report include the total
number of votes cast for and against on each roll call vote on
a motion to report the measure and the names of those members
voting for and against. On June 11, 1997, the Committee on
Transportation and Infrastructure met in open markup wherein
Mr. Petrimoved to report H.R. 849, as amended, favorably to the
whole House. The bill, as amended, was favorably reported by voice
vote, a quorum being present.
Committee Oversight Findings
Clause 2(l)(3)(A) of rule XI requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of rule X. The Transportation and
Infrastructure Committee has no specific oversight findings.
Oversight Findings and Recommendations of the Committee on Government
Reform and Oversight
Clause 2(l)(3)(D) of rule XI requires each committee report
to contain a summary of the oversight findings and
recommendations made by the Government Reform and Oversight
Committee pursuant to clause 4(c)(2) of rule X, whenever such
findings have been timely submitted. The Committee on
Transportation and Infrastructure has received no such findings
or recommendations from the Committee on Government Reform and
Oversight.
Committee Cost Estimate
Clause 2(l)(3)(B) of rule XI requires each committee report
that accompanies a measure providing new budget authority, new
spending authority or changing revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974, as amended. H.R. 849 does
not provide new budget authority, spending authority, or new
credit authority as defined by that act; nor does it change
revenues or tax expenditures.
Clause 7(a) of rule XIII requires committees to include in
reports accompanying measures their own estimate of the costs
to be incurred by the United States by carrying out the
legislation. The Committee on Transportation and Infrastructure
adopts as its own, the cost estimate prepared by the Director
of the Congressional Budget Office, pursuant to section 403 of
the Congressional Budget Act of 1974.
Congressional Budget Office Estimates
Clause 2(l)(3)(C) of rule XI requires each committee report
accompanying a measure to include the estimate and comparison
prepared by the Director of the Congressional Budget Office
pursuant to section 403 of the Congressional Budget Act of
1974, if timely submitted. The following is the Congressional
Budget Office cost estimate:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 20, 1997.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 849, a bill to
prohibit an alien who is not lawfully present in the United
States from receiving assistance under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs), and Karen L. McVey (for the state and
local impact).
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 849--A bill to prohibit an alien who is not lawfully present in
the United States from receiving assistance under the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970
CBO estimates that implementing H.R. 849 would cost the
federal government less than $500,000 over the next year or
two, assuming appropriation of the necessary amounts. The bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 849 would impose no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act of 1995 and would impose no
significant costs on state, local, or tribal governments.
H.R. 849 would prevent persons who are not lawfully present
in the United States from receiving relocation payments or
other assistance when real property they occupy is acquired by
a federal agency or with federal financing. The bill would
require the U.S. Department of Transportation (DOT) to
promulgate regulations within six months of enactment to
implement the new law, including rules for determining whether
a displaced person is lawfully present in the country and
standards for judging when exceptions should be made for
unusual hardship. DOT also would be responsible for providing
agencies with information on proper implementation of the law
through training and technical assistance.
Based on information provided by DOT and other agencies,
and assuming appropriation of the necessary amounts, CBO
estimates that DOT and other federal agencies would spend less
than $500,000 to develop the necessary regulations, guidelines,
and training programs to implement H.R. 849. We expect that the
bill would have little or no effect on total property
acquisition costs because so few transactions are likely to
involve aliens who reside illegally in this country.
The bill would place a new requirement on state, local,
and, in some circumstances, tribal entities carrying out
programs or projects with federal financial assistance that
result in the displacement of persons. As a condition of
receiving such assistance the affected entities would have to
determine whether displaced persons are lawfully present in the
U.S. Based on discussions with the U.S. Departments of
Transportation, and Housing and Urban Development, the
Immigration and Naturalization Service, and affected agencies,
CBO estimates that the additional administrative costs to
state, local, and tribal governments would be minimal.
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs), and Karen L. McVey (for the state and
local impact). This estimate was approved by Paul N. Van de
Water, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (2)(l)(4) of rule XI of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES
ACT OF 1970
* * * * * * *
TITLE I--GENERAL PROVISIONS
* * * * * * *
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) Issuance of regulations.--Not later than 6 months
after the date of the enactment of this section, and
after providing notice and an opportunity for public
comment, the head of the lead agency shall issue
regulations to carry out subsection (a).
(2) Contents of regulations.--Regulations issued
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,
the displacing agency shall provide relocation payments and
other assistance to the displaced person under this Act if the
displaced person is otherwise eligible for such assistance.
(d) Limitation on Statutory Construction.--Nothing in this
section may be construed to affect any rights available to a
displaced person under any other provision of Federal or State
law.
* * * * * * *
TITLE II--UNIFORM RELOCATION ASSISTANCE
* * * * * * *
duties of lead agency
Sec. 213. (a) The head of the lead agency shall--
(1) develop, publish, and issue, with the active
participation of the Secretary of Housing and Urban
Development and the heads of other Federal agencies
responsible for funding relocation and acquisition
actions, and in coordination with State and local
governments, such regulations as may be necessary to
carry out this Act;
(2) provide, in consultation with the Attorney
General (acting through the Commissioner of the
Immigration and Naturalization Service), through
training and technical assistance activities,
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;
[(2)] (4) ensure that relocation assistance
activities under this Act are coordinated with low-
income housing assistance programs or projects by a
Federal agency or a State or State agency with Federal
financial assistance;
[(3)] (5) monitor, in coordination with other Federal
agencies, the implementation and enforcement of this
Act and report to the Congress, as appropriate, on any
major issues or problems with respect to any policy or
other provision of this Act; and
[(4)] (6) perform such other duties as may be
necessary to carry out this Act.
* * * * * * *