II
Calendar No. 634
104TH CONGRESS
2D SESSION
H. R. 4134
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 1996
Received and read the first time
SEPTEMBER 26, 1996
Read the second time and placed on the calendar
AN ACT
To amend the Immigration and Nationality Act to authorize
States to deny public education benefits to aliens not
lawfully present in the United States who are not en-
rolled in public schools during the period beginning Sep-
tember 1, 1996, and ending July 1, 1997.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDU-
CATION BENEFITS TO CERTAIN ALIENS NOT
LAWFULLY PRESENT IN THE UNITED STATES.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by adding after title V the following new
title:
‘‘TITLE VI—AUTHORIZING STATES TO DIS-
QUALIFY CERTAIN ALIENS NOT LAWFULLY
PRESENT IN THE UNITED STATES FROM
PUBLIC EDUCATION BENEFITS
‘‘CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF
ALIENS NOT LAWFULLY PRESENT IN THE UNITED
STATES FOR PUBLIC EDUCATION BENEFITS
‘‘SEC. 601. (a) STATEMENT OF POLICY.—Because
Congress views that the right to a free public education
for aliens who are not lawfully present in the United
States promotes violations of the immigration laws and be-
cause such a free public education for such aliens creates
a significant burden on States’ economies and depletes
States’ limited educational resources, Congress declares it
to be the policy of the United States that—
‘‘(1) aliens who are not lawfully present in the
United States are not entitled to public education
benefits in the same manner as United States citi-
zens, nationals, and lawful resident aliens; and
‘‘(2) States should not be obligated to provide
public education benefits to aliens who are not law-
fully present in the United States.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed as expressing any statement of Federal pol-
icy with regard to—
‘‘(1) aliens who are lawfully present in the
United States,
‘‘(2) benefits other than public education bene-
fits provided under State law, or
‘‘(3) preventing the exclusion or deportation of
aliens unlawfully present in the United States.
‘‘AUTHORITY OF STATES
‘‘SEC. 602. (a) IN GENERAL.—In order to carry out
the policies described in section 601, each State may pro-
vide, subject to subsection (f), with respect to an alien who
is not lawfully present in the United States that—
‘‘(1) the alien is not eligible for public education
benefits under State law; or
‘‘(2) the alien is required, as a condition of ob-
taining such benefits, to pay a fee in an amount con-
sistent with the following:
‘‘(A) In the case of a State that requires
payment of a fee of nonresidents as a condition
of obtaining such benefits, the amount of such
nonresident fee.
‘‘(B) In the case of any other State, an
amount specified by the State, not to exceed the
average per pupil expenditures for such benefits
(as determined by the State and selected by the
State either for the State or for the local edu-
cational agency involved).
‘‘(b) INDIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.—For purposes of subsection (a), an in-
dividual shall be considered to be not lawfully present in
the United States unless the individual (or, in the case
of an individual who is a child, another on the child’s be-
half)—
‘‘(1) declares in writing under penalty of per-
jury that the individual (or child) is a citizen or na-
tional of the United States and (if required by a
State) presents evidence of United States citizenship
or nationality; or
‘‘(2)(A) declares in writing under penalty of
perjury that the individual (or child) is not a citizen
or national of the United States but is an alien law-
fully present in the United States, and
‘‘(B) presents either—
‘‘(i) documentation described in section
1137(d)(2) of the Social Security Act, or
‘‘(ii) such other documents as the State de-
termines constitutes reasonable evidence indi-
cating that the individual (or child) is an alien
lawfully present in the United States.
‘‘(c) PROCEDURES FOR SCREENING.—If a State pro-
vides for immigration eligibility screening pursuant to this
section for individuals who are seeking public education
benefits, the State shall provide for such screening for all
individuals seeking such benefits.
‘‘(2) A State may (at its option) verify with the Serv-
ice the alien’s immigration status through a system for
alien verification of eligibility (SAVE) described in section
1137(d)(3) of the Social Security Act (42 U.S.C. 1320b–
7(d)(3)).
‘‘(d) OPPORTUNITY FOR FAIR HEARING.—If a State
denies public education benefits under this section with
respect to an alien, the State shall provide the alien with
an opportunity for a fair hearing to establish that the alien
has been determined by the Service to be lawfully present
in the United States, consistent with subsection (b) and
Federal immigration law.
‘‘(e) NO REQUIREMENT
TO DENY FREE PUBLIC
EDUCATION.—No State shall be required by this section
to deny public education benefits to any alien not lawfully
present in the United States.
‘‘(f) NO AUTHORITY TO DENY FREE PUBLIC EDU-
CATION TO STUDENTS ENROLLED AT ANY TIME DURING
THE PERIOD BEGINNING SEPTEMBER 1, 1996, AND END-
ING JULY 1, 1997.—(1) A State may not deny, and may
not require payment of a fee as a condition for the receipt
of, public education benefits under this section with re-
spect to a protected alien.
‘‘(2) For purposes of this subsection, the term ‘pro-
tected alien’ means an alien who is not lawfully present
in the United States and is enrolled as a student in a pub-
lic elementary or secondary school in the United States
at any time during the period beginning September 1,
1996, and ending July 1, 1997.
‘‘(g) NO IMPACT ON IMMIGRATION STATUS.—Noth-
ing in this section or section 601 shall be construed as
affecting the immigration status of any alien, including
the conferring of any immigration benefit or change in any
proceedings under this Act with respect to the alien.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by adding at the end the following new items:
‘‘TITLE VI—AUTHORIZING STATES TO DISQUALIFY CERTAIN
ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES
FROM PUBLIC EDUCATION BENEFITS
‘‘Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits.
‘‘Sec. 602. Authority of States.’’.
Passed the House of Representatives September 25,
1996.
Attest:
ROBIN H. CARLE,
Clerk.