
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4605]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 61--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
          POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 4605. Displaced persons not eligible for assistance


(a) In general

    Except as provided in subsection (c) of this section, a displaced 
person shall not be eligible to receive relocation payments or any other 
assistance under this chapter 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 November 21, 1997, after providing 
    notice and an opportunity for public comment, the head of the lead 
    agency shall promulgate regulations to carry out subsection (a) of 
    this section.

                     (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) of this section.

(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) of this section 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 chapter if the displaced person would 
be eligible for the assistance but for subsection (a) of this section.

(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.

(Pub. L. 91-646, title I, Sec. 104, as added Pub. L. 105-117, Sec. 1, 
Nov. 21, 1997, 111 Stat. 2384.)

                  Section Referred to in Other Sections

    This section is referred to in section 4633 of this title.
