I
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 Op-
portunities
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equity in Public Edu-
cation Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is the responsibility of the Federal Gov-
ernment 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 dis-
proportionate number of illegal immigrants therefore
have borne a disproportionate share of such edu-
cational costs, which result from the failures of the
Federal Government.
(6) In the interest of equity, the Federal Gov-
ernment should reimburse the States for such edu-
cational costs.
SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDU-
CATIONAL COSTS FOR ILLEGAL ALIEN STU-
DENTS.
(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 Sec-
retary of Commerce in carrying out such Sec-
retary’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 in-
curred by local educational agencies in the State in provid-
ing 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 pur-
poses 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 Com-
merce 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 ex-
penditures 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 deter-
mination 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 Com-
merce shall make a determination under para-
graph (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 deter-
mination under paragraph (3) for each of the
remaining States. To the maximum extent pos-
sible, the Secretary shall make an equal number
of determinations under this subparagraph be-
fore 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 ben-
efits in the State for such school year that is
determined to be attributable to the enrollment
of eligible illegal alien students in public ele-
mentary 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 ele-
mentary and secondary schools.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1998) such sums as may be nec-
essary 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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