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§ 13511. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Edu-
cation to carry out this chapter:
(1) $100,000,000 for the fiscal year ending September 30, 1995.
(2) necessary amounts for each of the fiscal years ending September
30, 1996–1999.
CHAPTER 137—STATE LEGALIZATION IMPACT-
ASSISTANCE GRANTS
Sec.
13701.
Definitions and nonapplication.
13702.
Allotments and allotment uses.
13703.
Applications and statements about allotments.
13704.
Determining and paying allotments.
13705.
Nondiscrimination.
13706.
Consultation with State and local officials.
13707.
Reports and audits.
13708.
Criminal penalties.
13709.
Appropriations.
§ 13701. Definitions and nonapplication
(a) DEFINITIONS.—In this chapter—
(1) ‘‘eligible legalized alien’’ means an alien having the status of an
alien lawfully admitted for temporary residence under chapter 93 of
this title, but only until the end of the 5-year period beginning on the
date the alien first acquired the status.
(2) ‘‘program of public assistance’’ means a program in a State or
political subdivision of a State that—
(A) provides for cash, medical, or other assistance (as defined
by the Secretary of Health and Human Services) designed to meet
the basic subsistence or health needs of individuals;
(B) is available generally to needy individuals residing in the
State or political subdivision; and
(C) receives financing from the State government or political
subdivision.
(3) ‘‘program of public health assistance’’ means a program in a
State or political subdivision that—
(A) provides public health services, including immunizations for
immunizable diseases, testing and treatment for tuberculosis and
sexually-transmitted diseases, and family planning services;
(B) is available generally to needy individuals residing in the
State or political subdivision; and
(C) receives financing from the State government or political
subdivision.
(b) NONAPPLICATION.—The 5-year limitation referred to in subsection
(a)(1) of this section does not apply to making payments from amounts ap-
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propriated under the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1995 (Public Law
103–333, 108 Stat. 2558) for—
(1) providing public information and outreach activities about natu-
ralization and citizenship; and
(2) English language and civics instruction to any adult eligible le-
galized alien who has not met the requirements of section 20301(7)
and (8) of this title.
§ 13702. Allotments and allotment uses
(a) GENERAL AUTHORITY.—A State may be paid an allotment as pro-
vided under this chapter. The State may use amounts allotted to the State
only—
(1) to reimburse the costs of programs of public assistance provided
for eligible legalized aliens not disqualified under section 9310 of this
title when the assistance is provided;
(2) to reimburse the costs of programs of public health assistance
provided to any alien who is, or who applied before May 5, 1988, to
become, an eligible legalized alien;
(3) to pay a State educational agency for assisting a local edu-
cational agency in providing educational services for eligible legalized
aliens;
(4) to pay for public education and outreach (including providing in-
formation to individual applicants, but not including client counseling
or another service that would assume responsibility for an alien’s appli-
cation for adjustment of status) to inform aliens lawfully admitted for
temporary residence about—
(A) the requirements of chapter 93 of this title related to ad-
justment of status;
(B) sources of assistance for aliens obtaining adjustment of sta-
tus, including educational, informational, and referral services, and
information about the rights and responsibilities of those aliens
and aliens lawfully admitted for permanent residence;
(C) the identification of health, employment, and social services;
and
(D) the importance of identifying oneself to service providers as
an alien lawfully admitted for temporary residence; and
(5) to pay for education and outreach efforts by State agencies about
unfair discrimination in employment practices because of national ori-
gin or citizenship status, except that State agencies may initiate these
efforts only after consulting with the Special Counsel for Immigration-
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Related Unfair Employment Practices to ensure, to the maximum ex-
tent possible, a uniform program.
(b) DISCRETION TO DISTRIBUTE AMONG USES.—Except as provided in
subsection (c) of this section, a State may decide on the distribution of
amounts among the uses described in subsection (a) of this section.
(c) REQUIRED USE PERCENTAGES.—(1) Except as provided in para-
graphs (2) and (3) of this subsection, of the amounts allotted to a State
under this chapter in a fiscal year—
(A) 10 percent shall be used by the State for reimbursement under
subsection (a)(1) of this section;
(B) 10 percent shall be used by the State for reimbursement under
subsection (a)(2) of this section; and
(C) 10 percent shall be used by the State for payments under sub-
section (a)(3) of this section.
(2) Subject to paragraph (3) of this subsection, a State not requiring all
of the 10 percent of an allotted amount for a use described in subsection
(a)(1), (2), or (3) of this section for a fiscal year shall distribute the unused
amount equally between the other 2 uses described in subsection (a)(1)–(3).
(3) Amounts provided under this chapter may not be used to provide re-
imbursement for more than 100 percent of the costs described in subsection
(a)(1) or (2) of this section.
(4) Of the amounts allotted to a State under this chapter in a fiscal year,
the State may not use more than the greater of—
(A) one percent or $100,000, for payments under subsection (a)(4)
of this section; and
(B) one percent or $100,000, for payments under subsection (a)(5)
of this section.
(d) LIMITATION ON PAYMENTS.—A payment under this chapter—
(1) may be made to a State only for costs for assistance of a pro-
gram of public assistance or public health assistance to the extent the
assistance otherwise generally is available under the program to citizens
residing in the State; and
(2) may not be made for costs to the extent the costs otherwise are
reimbursed or paid for under another United States Government pro-
gram.
(e) APPLICATION OF CHAPTER 135.—Chapter 135 of this title applies to
a payment under subsection (a)(3) of this section except that—
(1) a reference in chapter 135 to ‘‘immigrant children’’ is deemed
to be a reference to ‘‘eligible legalized aliens’’ (including aliens over 16
years of age) during the 5-year period beginning with the first month
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in which such an alien acquires the status of an alien lawfully admitted
for temporary residence under this title;
(2) in determining a payment for an eligible legalized alien over 16
years of age, the exception in section 13502(a)(3) of this title does not
apply;
(3) the State educational agency may provide educational services to
adult eligible legalized aliens through local educational agencies and
other public agencies and private nonprofit organizations, including
community-based organizations of demonstrated effectiveness; and
(4) the services may include instruction in English and other pro-
grams designed to enable such aliens to acquire the citizenship skills
described in section 20301(a)(7) and (8) of this title.
§ 13703. Applications and statements about allotments
(a) GENERAL REQUIREMENTS.—A State is eligible for payment of an
amount allotted under section 13704 of this title only if the State—
(1) has filed with the Secretary of Health and Human Services an
application containing the information described in subsection (b) of
this section, criteria for and administrative methods of distributing
amounts received under this chapter, and other information the Sec-
retary decides is necessary to carry out this chapter;
(2) has its application approved by the Secretary; and
(3) submits to the Secretary a statement certifying that—
(A) amounts allotted to the State under this chapter will be
used only as provided under section 13702(a) of this title;
(B) the State will decide on, and provide a fair method for, allo-
cating amounts among State and local authorities consistent with
subsection (b) of this section and section 13702(c) of this title;
and
(C) fiscal control and accounting procedures will be established
that are adequate to meet the requirements of subsection (b) of
this section and sections 13702(d) and 13707 of this title.
(b) APPLICATION INFORMATION REQUIREMENTS.—The application of
each State under this section for each fiscal year must include detailed in-
formation on—
(1) the number of eligible legalized aliens residing in the State; and
(2) the costs (excluding costs otherwise paid by the United States
Government) that the State and each political subdivision is likely to
incur for the purposes described in section 13702(a) of this title.
§ 13704. Determining and paying allotments
(a) PRESCRIBING ALLOTMENT FORMULA.—From amounts appropriated
under section 13709(a) of this title for a fiscal year (less the amount re-