S.Amdt. 3372Senate109th Congress (2005-2007)

S.Amdt. 3372

What it does: 5 changes: replaces text in 3 places, inserts text in 2 places
Submitted April 5, 2006

What it changes

5 changes to S. 2454

Replaces text in 3 placesInserts text in 2 places
  1. Change 1: Rewrites page 245, line 4

    ReplacesPrinted page

    Removes page 245, line 4 of the printed bill. See that page

    Inserted: (x) State Impact Assistance Account.--

    Inserted: (1) Establishment.--There

    Original wording

    On page 245, strike line 4 and insert the following:

  2. Change 2: Rewrites page 245, line 11

    ReplacesPrinted page

    Removes page 245, line 11 of the printed bill. See that page

    Inserted: 218A and 218B.

    Inserted: "(2) Use of fees for grant program.--Amounts deposited in the State Impact Assistance Account under paragraph (1) shall remain available to the Secretary until expended for use for the State Impact Assistance Grant Program established under paragraph (3)(A).

    Inserted: "(3) State impact assistance grant program.--

    Inserted: "(A) Establishment.--Not later than January 1 of each year beginning after the date of enactment of this subsection, the Secretary, in cooperation with the Secretary of Health and Human Services (referred to in this paragraph as the 'Secretary'), shall establish a State Impact Assistance Grant Program, under which the Secretary shall make grants to States for use in accordance with subparagraph (D).

    Inserted: "(B) Available funds.--For each fiscal year beginning after the date of enactment of this subsection, the Secretary shall use \1/2\ of the amounts deposited into the State Impact Assistance Account under paragraph (1) during the preceding fiscal year to provide grants under this paragraph.

    Inserted: "(C) Allocation.--The Secretary shall allocate grants under this paragraph as follows:

    Inserted: "(i) Noncitizen population.--

    Inserted: "(I) In general.--Subject to subclause (II), 80 percent shall be allocated to States on a pro-rata basis according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists--

    Inserted: "(aa) the noncitizen population of the State; bears to

    Inserted: "(bb) the noncitizen population of all States.

    Inserted: "(II) Minimum amount.--Notwithstanding the formula under subclause (I), no State shall receive less than $5,000,000 under this clause.

    Inserted: "(ii) High growth rates.--20 percent shall be allocated on a pro-rata basis among the 20 States with the largest growth rate in noncitizen population, as determined by the Secretary, according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists--

    Show 21 more inserted paragraphs

    Inserted: "(I) the growth rate in the noncitizen population of the State during the most recent 3-year period for which data is available; bears to

    Inserted: "(II) the combined growth rate in noncitizen population of the 20 States during the 3-year period described in subclause (I).

    Inserted: "(D) Use of funds.--A State shall use a grant received under this paragraph to return to local governments, organizations, and entities moneys for the costs of providing health services, educational services, and public safety services to noncitizen communities.

    Inserted: "(E) Administration.--A local government, organization, or entity may provide services described in subparagraph (D) directly or pursuant to contracts with the State or another entity, including--

    Inserted: "(i) a unit of local government;

    Inserted: "(ii) a public health provider, such as a hospital, community health center, or other appropriate entity;

    Inserted: "(iii) a local education agency; and

    Inserted: "(iv) a charitable organization.

    Inserted: "(F) Refusal.--

    Inserted: "(i) In general.--A State may elect to refuse any grant under this paragraph.

    Inserted: "(ii) Action by secretary.--On receipt of notice of a State of an election under clause (i), the Secretary shall deposit the amount of the grant that would have been provided to the State into the State Impact Assistance Account.

    Inserted: "(G) Reports.--

    Inserted: "(i) In general.--Not later than March 1 of each year, each State that received a grant under this paragraph during the preceding fiscal year shall submit to the Secretary a report in such manner and containing such information as the Secretary may require, in accordance with clause (ii).

    Inserted: "(ii) Inclusions.--A report under clause (i) shall include a description of--

    Inserted: "(I) the services provided in the State using the grant;

    Inserted: "(II) the amount of grant funds used to provide each service and the total amount available during the applicable fiscal year from all sources to provide each service; and

    Inserted: "(III) the method by which the services provided using the grant addressed the needs of communities with significant and growing noncitizen populations in the State.

    Inserted: "(H) Collaboration.--In promulgating regulations and issuing guidelines to carry out this paragraph, the Secretary shall collaborate with representatives of State and local governments.

    Inserted: "(I) Effect of paragraph.--

    Inserted: "(i) Enforcement of federal immigration law.--Nothing in this paragraph authorizes any State or local law enforcement agency or officer to exercise Federal immigration law enforcement authority.

    Inserted: "(ii) State appropriations.--Funds received by a State under this paragraph shall be subject to appropriation by the legislature of the State, in accordance with the terms and conditions described in this paragraph.".

    Original wording

    On page 245, strike line 11 and insert the following: “218A and 218B.

  3. Change 3: Inserts “, to be deposited in the Treasury in accordance with section 286(w)” after “Labor”

    InsertsPage 245, line 22Printed page

    …Labor[inserted: , to be deposited in the Treasury in accordance with section 286(w)]…

    Original wording

    On page 245, line 22, insert “, to be deposited in the Treasury in accordance with section 286(w)” after “Labor”.

  4. Change 4: Rewrites page 333, lines 9–12

    ReplacesPrinted page

    Removes page 333, lines 9–12 of the printed bill. See that page

    Inserted: (4) Collection of fines and fees.--Of the fines and fees collected under this section--

    Inserted: (A) 50 percent shall be deposited in the Treasury in accordance with section 286(w); and

    Inserted: (B) 50 percent shall be deposited in the Treasury in accordance with section 286(x).

    Original wording

    On page 333, strike lines 9 through 12 and insert the following:

  5. Change 5: Inserts “, to be deposited in the Treasury in accordance with section 286(w)” before the period

    InsertsPage 341, line 17Printed page

    Inserted: , to be deposited in the Treasury in accordance with section 286(w)

    Original wording

    On page 341, line 17, insert “, to be deposited in the Treasury in accordance with section 286(w)” before the period.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3372. Mrs. CLINTON (for herself, Mr. Obama, and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows:

On page 245, strike line 4 and insert the following:

“(x) State Impact Assistance Account.--

“(1) Establishment.--There

On page 245, strike line 11 and insert the following: “218A and 218B.

“(2) Use of fees for grant program.--Amounts deposited in the State Impact Assistance Account under paragraph (1) shall remain available to the Secretary until expended for use for the State Impact Assistance Grant Program established under paragraph (3)(A).

“(3) State impact assistance grant program.--

“(A) Establishment.--Not later than January 1 of each year beginning after the date of enactment of this subsection, the Secretary, in cooperation with the Secretary of Health and Human Services (referred to in this paragraph as the ‘Secretary'), shall establish a State Impact Assistance Grant Program, under which the Secretary shall make grants to States for use in accordance with subparagraph (D).

“(B) Available funds.--For each fiscal year beginning after the date of enactment of this subsection, the Secretary shall use \1/2\ of the amounts deposited into the State Impact Assistance Account under paragraph (1) during the preceding fiscal year to provide grants under this paragraph.

“(C) Allocation.--The Secretary shall allocate grants under this paragraph as follows:

“(i) Noncitizen population.--

“(I) In general.--Subject to subclause (II), 80 percent shall be allocated to States on a pro-rata basis according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists--

“(aa) the noncitizen population of the State; bears to

“(bb) the noncitizen population of all States.

“(II) Minimum amount.--Notwithstanding the formula under subclause (I), no State shall receive less than $5,000,000 under this clause.

“(ii) High growth rates.--20 percent shall be allocated on a pro-rata basis among the 20 States with the largest growth rate in noncitizen population, as determined by the Secretary, according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists--

“(I) the growth rate in the noncitizen population of the State during the most recent 3-year period for which data is available; bears to

“(II) the combined growth rate in noncitizen population of the 20 States during the 3-year period described in subclause (I).

“(D) Use of funds.--A State shall use a grant received under this paragraph to return to local governments, organizations, and entities moneys for the costs of providing health services, educational services, and public safety services to noncitizen communities.

“(E) Administration.--A local government, organization, or entity may provide services described in subparagraph (D) directly or pursuant to contracts with the State or another entity, including--

“(i) a unit of local government;

“(ii) a public health provider, such as a hospital, community health center, or other appropriate entity;

“(iii) a local education agency; and

“(iv) a charitable organization.

“(F) Refusal.--

“(i) In general.--A State may elect to refuse any grant under this paragraph.

“(ii) Action by secretary.--On receipt of notice of a State of an election under clause (i), the Secretary shall deposit the amount of the grant that would have been provided to the State into the State Impact Assistance Account.

“(G) Reports.--

“(i) In general.--Not later than March 1 of each year, each State that received a grant under this paragraph during the preceding fiscal year shall submit to the Secretary a report in such manner and containing such information as the Secretary may require, in accordance with clause (ii).

“(ii) Inclusions.--A report under clause (i) shall include a description of--

“(I) the services provided in the State using the grant;

“(II) the amount of grant funds used to provide each service and the total amount available during the applicable fiscal year from all sources to provide each service; and

“(III) the method by which the services provided using the grant addressed the needs of communities with significant and growing noncitizen populations in the State.

“(H) Collaboration.--In promulgating regulations and issuing guidelines to carry out this paragraph, the Secretary shall collaborate with representatives of State and local governments.

“(I) Effect of paragraph.--

“(i) Enforcement of federal immigration law.--Nothing in this paragraph authorizes any State or local law enforcement agency or officer to exercise Federal immigration law enforcement authority.

“(ii) State appropriations.--Funds received by a State under this paragraph shall be subject to appropriation by the legislature of the State, in accordance with the terms and conditions described in this paragraph.”.

On page 245, line 22, insert “, to be deposited in the Treasury in accordance with section 286(w)” after “Labor”.

On page 333, strike lines 9 through 12 and insert the following:

“(4) Collection of fines and fees.--Of the fines and fees collected under this section--

“(A) 50 percent shall be deposited in the Treasury in accordance with section 286(w); and

“(B) 50 percent shall be deposited in the Treasury in accordance with section 286(x).

On page 341, line 17, insert “, to be deposited in the Treasury in accordance with section 286(w)” before the period.

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Senate amendment submitted

April 5, 2006