[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4303 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4303

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

  Ms. Harman (for herself and Mr. Campbell) 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 ``Equity in Public Education Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) It is the responsibility of the Federal Government to 
        prevent illegal immigration by enforcing existing laws and 
        enacting new laws and policies.
            (2) The Federal Government has, to date, failed to carry 
        out this responsibility, resulting in a large and increasing 
        number of illegal immigrants residing within the borders of the 
        United States.
            (3) Under current law, the States are required to provide 
        certain public benefits to their residents, including education 
        benefits for all children residing within their jurisdictions, 
        regardless of immigration status.
            (4) The costs of educating illegal aliens are therefore 
        borne primarily by the States.
            (5) The citizens of States that have a disproportionate 
        number of illegal immigrants therefore have borne a 
        disproportionate share of such educational costs, which result 
        from the failures of the Federal Government.
            (6) In the interest of equity, the Federal Government 
        should reimburse the States for such educational costs.

SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR 
              ILLEGAL ALIEN STUDENTS.

    (a) Grants to States.--Subject to the availability of 
appropriations and the succeeding provisions of this section, from the 
amount appropriated under subsection (f), 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--
            (1) shall be a State for which the Secretary of Commerce 
        has made a determination with respect to any fiscal year under 
        subsection (e); and
            (2) shall provide the Secretary of Education with 
        assurances that--
                    (A) the State will cooperate with the Secretary of 
                Commerce in carrying out such Secretary's duties under 
                this Act; and
                    (B) 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 Act, the term 
``reimbursable costs'' means, with respect to a State, the incremental 
increase in 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)), as 
determined by the Secretary of Commerce under subsection (e).
    (d) Eligible Illegal Alien Students.--For purposes of this Act, the 
term ``eligible illegal alien student'' means an alien who is not 
lawfully present in the United States and is enrolled in a public 
elementary or secondary school of a local educational agency in a State 
as of the date of a determination made by the Secretary of Commerce 
under subsection (e)(2).
    (e) Amount of Payment.--
            (1) In general.--The amount of payment to an eligible State 
        for a fiscal year under this section is the product of--
                    (A) the average number last determined under 
                paragraph (3)(A) for the State; and
                    (B) the average incremental increase in 
                expenditures last determined under paragraph (3)(B) for 
                the State.
            (2) Commencement of determinations.--
                    (A) First group of states.--Before the beginning of 
                fiscal year 1998, and before the beginning of every 
                third fiscal year thereafter, the Secretary of Commerce 
                shall make a determination under paragraph (3) for the 
                States of California, Texas, and Florida.
                    (B) Second and third groups of states.--Before the 
                beginning of fiscal year 1999, and before the beginning 
                of every third fiscal year thereafter, the Secretary of 
                Commerce shall make a determination under paragraph (3) 
                for at least \1/2\ of the States that are not described 
                in subparagraph (A). Before the beginning of fiscal 
                year 2000, and before the beginning of every third 
                fiscal year thereafter, the Secretary of Commerce shall 
                make a determination under paragraph (3) for each of 
                the remaining States. To the maximum extent possible, 
                the Secretary shall make an equal number of 
                determinations under this subparagraph before fiscal 
                year 1999 and before fiscal year 2000.
            (3) Determinations.--Pursuant to paragraph (2), the 
        Secretary of Commerce shall determine for a State before the 
        beginning of a 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 incremental increase in per pupil 
                expenditures for public education benefits in the State 
                for such school year that is determined to be 
                attributable to the enrollment of eligible illegal 
                alien students in public elementary and secondary 
                schools, 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 necessary to make grants under this section.
    (g) State Defined.--In this Act, the term ``State'' has the meaning 
given such term in section 101(a)(36) of the Immigration and 
Nationality Act.
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