42 U.S.C. § 4605 — Displaced persons not eligible for assistance
submitted 29 years ago by Pub. L. 91-646 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 295 words · no verdicts yet
(a) Except as subsection (c) provides, a displaced person who is an alien not lawfully present in the United States is not eligible for relocation payments or other assistance under this chapter. (b)(1) Within one year after November 21, 1997, after notice and public comment, the lead-agency head must issue regulations implementing (a). (2) The regulations must (A) set the processes, procedures, and information a displacing agency uses to decide whether a displaced person is such an alien; (B) bar discrimination against displaced people; (C) make every decision fair and based on reliable information; and (D) set standards for exceptional and extremely unusual hardship decisions under (c).
(a) Except as subsection (c) provides, a displaced person* who is an alien not lawfully present in the United States is not eligible for relocation payments or other assistance under this chapter.
(b)(1) Within one year after November 21, 1997, after notice and public comment, the lead-agency head must issue regulations implementing (a). (2) The regulations must (A) set the processes, procedures, and information a displacing agency* uses to decide whether a displaced person* is such an alien; (B) bar discrimination against displaced people; (C) make every decision fair and based on reliable information; and (D) set standards for exceptional and extremely unusual hardship decisions under (c).
(c) If a displacing agency finds by clear and convincing evidence that denying the person would cause exceptional and extremely unusual hardship to the person’s spouse, parent, or child who is a United States citizen or lawful permanent resident, it must provide the payments and assistance if the person would otherwise qualify.
(d) This section does not affect a right available under another Federal or State* law.
Except as provided in subsection (c), 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.
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).
Regulations promulgated under paragraph (1) shall—
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;
prohibit a displacing agency from discriminating against any displaced person;
ensure that each eligibility determination is fair and based on reliable information; and
prescribe standards for a displacing agency to apply in making determinations relating to exceptional and extremely unusual hardship under subsection (c).
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 chapter if the displaced person would be eligible for the assistance but for subsection (a).
Nothing in this section affects any right available to a displaced person under any other provision of Federal or State* law.
Source credit: (Pub. L. 91–646, title I, § 104, as added Pub. L. 105–117, § 1, Nov. 21, 1997, 111 Stat. 2384.)
- 1997Enacted · Pub. L. 91-646 · 111 Stat. 2384
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-646 on 1997-11-21.
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