text: 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.
target: Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. 
  Provides for such payments first to the States of California, Texas, and Florida.  Provides for later payments to second and third groups of eligible States. 
  Authorizes appropriations.
feat_title: Equity in Public Education Act of 1996