Reimbursement for States and political subdivisions

(a)

In general

The Secretary of the Treasury shall establish a program for the purpose of reimbursing States, and political subdivisions of States, for expenses required to be incurred and related to the presence within the geographical area of the State or political subdivision of aliens having no lawful immigration status in the United States. (b)

Expenses described

The expenses described in subsection (a) shall include expenses such as the following: (1)Public elementary and secondary education. (2)Incarceration and detention. (3)Public benefits described in section 411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(b)). (c)

Exceptions

Expenses are not reimbursable under this section if the Secretary of the Treasury determines that— (1)the State or political subdivision has failed to submit sufficient documents, statements, or records necessary to support the request for reimbursement; (2)the State or political subdivision otherwise has been substantially compensated for the expenses; or (3)such compensation will be forthcoming in a reasonable period of time. (d)

Public elementary and secondary education

(1)

In general

Compensation for a local educational agency under subsection (b)(1) shall be based on— (A)the number of children having no lawful immigration status in the United States who were in average daily attendance during the preceding school year at the schools of such agency and for whom such agency provided a free public education; multiplied by (B)the average per-pupil expenditure of the State in which the local educational agency is located. (2)

Definitions

For purposes of this subsection, the terms average daily attendance, average per-pupil expenditure, free public education, and local educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (e)

Incarceration and detention

Compensation under subsection (b)(2) shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the Attorney General. (f)

Applications

(1)

State applications

A State desiring to receive reimbursement for expenses required to be incurred by the State and related to the presence within the geographical area of the State of aliens having no lawful immigration status in the United States shall submit an application for such payment to the Secretary of the Treasury. Such application shall be submitted not later than September 30 of each year. (2)

Local applications

A political subdivision of a State desiring to receive reimbursement for expenses required to be incurred by the political subdivision and related to the presence within the geographical area of the political subdivision of aliens having no lawful immigration status in the United States shall submit an application for such payment to the State. Subject to verification (as determined necessary by the State), the State shall include such local expenses in the State application submitted under paragraph (1). The Governor of the State shall establish deadlines for the submission of local applications under this paragraph, and shall distribute all funds received from the Secretary of the Treasury on behalf of a political subdivision of a State to the political subdivision. (g)

Insufficient appropriations

(1)

In general

If the amount made available to carry out this section for a fiscal year is insufficient to pay the full amount determined by the Secretary of the Treasury to be due to all States for the year, the Secretary shall ratably reduce the payment to each State. (2)

Resubmission

If a State or political subdivision of a State does not receive reimbursement for any expense due to a reduction made under paragraph (1), the State or political subdivision may resubmit documentation for the succeeding fiscal year demonstrating the validity of the claimed amount and that the amount has not yet been reimbursed from any other source. (h)

Confidentiality of information

(1)

In general

In carrying out this section, the Secretary of the Treasury shall not— (A)make any publication whereby the information furnished by any particular alien can be identified; or (B) permit anyone other than the sworn officers and employees of the Department of the Treasury to examine individually identifiable information. (2)

Immigration officials

Except as provided in this subsection, the Secretary of Homeland Security, the Attorney General, the Secretary of State, any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State, or any bureau or agency thereof, shall not use information collected or furnished in support of requests for reimbursement under this section for any purpose. (3)

Required disclosures

The Secretary of the Treasury shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution of fraud or other malfeasance under this section, when such information is requested in writing by such entity. (i)

Verification of immigration status of aliens

Notwithstanding any other provision of law, when used for purposes of establishing or demonstrating eligibility for reimbursement under this section, the head of each State or local public agency that incurs costs in connection with a benefit or service provided to an alien may use the immigration status verification system of such agency or the Systematic Alien Verification For Entitlements Program (SAVE) of the Department of Homeland Security to determine the immigration status of such alien.