[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4062 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4062

To authorize appropriations to reimburse States for costs of educating 
                    certain illegal alien students.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 1996

Mr. Bilbray (for himself, Mr. Doolittle, Mr. Herger, Mr. Moorhead, Mr. 
 Riggs, Mr. Bono, Mr. Packard, Mr. McKeon, Mrs. Seastrand, Mr. Hunter, 
 Mr. Baker of California, Mr. Calvert, and Mr. Dreier) introduced the 
  following bill; which was referred to the Committee on Economic and 
                       Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations to reimburse States for costs of educating 
                    certain illegal alien students.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Alien Educational Impact Aid 
Act of 1996''.

SEC. 2. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR 
              ILLEGAL ALIEN STUDENTS.

    (a) Grants to States.--From the amount appropriated pursuant to 
subsection (e), subject to the succeeding provisions of this section, 
the Secretary of Education shall provide for payment to each eligible 
State (as defined in subsection (b)) for reimbursable costs (as defined 
in subsection (c)).
    (b) Eligible States.--In order for a State to be eligible for 
payment under this section, the State shall provide the Secretary of 
Education with--
            (1) such information as the Secretary may require to 
        compute the amount of payment to the State under this section, 
        and
            (2) assurances that such payments shall be used only for 
        the purpose of reimbursing local educational agencies for 
        reimbursable costs.
    (c) Reimbursable Costs Defined.--For purposes of this section, the 
term ``reimbursable costs'' means, with respect to a State, costs 
incurred by local educational agencies in the State in providing a free 
public education (as mandated by Federal law) to eligible illegal alien 
students (as defined in subsection (d)(1)) who have been identified to 
the Secretary of Education in a form and manner specified by the 
Secretary.
    (d) Eligible Illegal Alien Students.--
            (1) In general.--For purposes of this section, the term 
        ``eligible illegal alien student'' means an alien who is not 
        lawfully present in the United States and is enrolled in a 
        public school of a local educational agency in a State in an 
        elementary or secondary school level as of September 30, 1996, 
        but only so long as such alien remains enrolled at a public 
        school of such local educational agency within such school 
        level.
            (2) School levels defined.--For purposes of this 
        subsection, there shall be 2 school levels:
                    (A) The elementary school level, consisting of 
                kindergarten through the 6th grade.
                    (B) The secondary school level, consisting of the 
                7th through 12th grades.
    (e) Amount of Payment.--
            (1) In general.--The amount of payment to an eligible State 
        for a fiscal year under this section is the amount appropriated 
        pursuant to subsection (f) for the fiscal year multiplied by 
        the ratio of--
                    (A) the product of--
                            (i) the average number determined under 
                        paragraph (2)(A) for the State and the fiscal 
                        year involved, and
                            (ii) the average expenditures determined 
                        under paragraph (2)(B) for the State and fiscal 
                        year involved; to
                    (B) the sum of the products under subparagraph (A) 
                for all eligible States for the fiscal year.
            (2) Determinations.--The Secretary of Education shall 
        determine for each eligible State before the beginning of each 
        fiscal year--
                    (A) the average number of eligible illegal alien 
                students in the State for any school day during the 
                school year ending during the fiscal year, and
            (B) the average per pupil expenditures for public education 
        benefits in the State for such school year, as determined based 
        on statistics of the National Center for Education Statistics 
        relating to expenditure per pupil in average daily attendance 
        in public elementary and secondary schools.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year (beginning with fiscal year 1998) 
such sums as may be required to make grants under this section.
    (g) State Defined.--In this section, the term ``State'' has the 
meaning given such term in section 101(a)(36) of the Immigration and 
Nationality Act.
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