To require aliens seeking adjustment of status under section 245B of the Immigration and Nationality Act or Deferred Mandatory Departure status under section 245C of such Act to pay a supplemental application fee, which shall be used to provide financial assistance to States for health and educational services for noncitizens.

SA 4038. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 264, strike lines 13 through 20.
On page 370, line 21, strike ``this subsection'' and insert
``paragraphs (2) and (3)''.
On page 371, between lines 14 and 15, insert the following:
``(5) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, an alien shall
submit, at the time

[[Page S4712]]

the alien files an application under this section, a State
impact assistance fee equal to--
``(i) $750 for the principal alien; and
``(ii) $100 for the spouse and each child described in
subsection (a)(2).
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
On page 389, between lines 6 and 7, insert the following:
``(3) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, an alien seeking
Deferred Mandatory Departure status shall submit, at the time
the alien files an application under this section, a State
impact assistance fee equal to $750.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
On page 389, between lines 21 and 22, insert the following:
``(3) State impact assistance fee.--
``(A) In general.--In addition to any other amounts
required to be paid under this subsection, the spouse and
each child of an alien seeking Deferred Mandatory Departure
status shall submit a State impact assistance fee equal to
$100.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the State Impact Assistance Account
established under section 286(x).
On page 395, after line 23, add the following:
(e) State Impact Assistance Account.--Section 286 (8 U.S.C.
1356) is amended by inserting after subsection (w) the
following:
``(x) State Impact Assistance Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account, which shall be known
as the `State Impact Assistance Account'.
``(2) Source of funds.--Notwithstanding any other provision
under this Act, there shall be deposited as offsetting
receipts into the State Impact Assistance Account all State
impact assistance fees collected under section 245B(m)(5) and
subsections (j)(3) and (k)(3) of section 245C.
``(3) Use of funds.--Amounts deposited into the State
Impact Assistance Account may only be used to carry out the
State Impact Assistance Grant Program established under
paragraph (4).
``(4) State impact assistance grant program.--
``(A) Establishment.--The Secretary of Health and Human
Services, in consultation with the Secretary of Education,
shall establish the State Impact Assistance Grant Program
(referred to in this section as the `Program'), under which
the Secretary may award grants to States to provide health
and education services to noncitizens in accordance with this
paragraph.
``(B) State allocations.--The Secretary of Health and Human
Services shall annually allocate the amounts available in the
State Impact Assistance Account among the States as follows:
``(i) Noncitizen population.--Eighty percent of such
amounts shall be allocated so that each State receives the
greater of--

``(I) $5,000,000; or
``(II) after adjusting for allocations under subclause (I),
the percentage of the amount to be distributed under this
clause that is equal to the noncitizen resident population of
the State divided by the noncitizen resident population of
all States, based on the most recent data available from the
Bureau of the Census.

``(ii) High growth rates.--Twenty percent of such amounts
shall be allocated among the 20 States with the largest
growth rates in noncitizen resident population, as determined
by the Secretary of Health and Human Services, so that each
such State receives the percentage of the amount distributed
under this clause that is equal to--

``(I) the growth rate in the noncitizen resident population
of the State during the most recent 3-year period for which
data is available from the Bureau of the Census; divided by
``(II) the average growth rate in noncitizen resident
population for the 20 States during such 3-year period.

``(iii) Legislative appropriations.--The use of grant funds
allocated to States under this paragraph shall be subject to
appropriation by the legislature of each State in accordance
with the terms and conditions under this paragraph.
``(C) Funding for local government.--
``(i) Distribution criteria.--Grant funds received by
States under this paragraph shall be distributed to units of
local government based on need and function.
``(ii) Minimum distribution.--Except as provided in clause
(iii), a State shall distribute not less than 30 percent of
the grant funds received under this paragraph to units of
local government not later than 180 days after receiving such
funds.
``(iii) Exception.--If an eligible unit of local government
that is available to carry out the activities described in
subparagraph (D) cannot be found in a State, the State does
not need to comply with clause (ii).
``(iv) Unexpended funds.--Any grant funds distributed by a
State to a unit of local government that remain unexpended as
of the end of the grant period shall revert to the State for
redistribution to another unit of local government.
``(D) Use of funds.--States and units of local government
shall use grant funds received under this paragraph to
provide health services, educational services, and related
services to noncitizens within their jurisdiction directly,
or through contracts with eligible services providers,
including--
``(i) health care providers;
``(ii) local educational agencies; and
``(iii) charitable and religious organizations.
``(E) State defined.--In this paragraph, the term `State'
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(F) Certification.--In order to receive a payment under
this section, the State shall provide the Secretary of Health
and Human Services with a certification that the State's
proposed uses of the fund are consistent with (D).
(G) Annual Report.--The Secretary of Health and Human
Services shall inform the States annually of the amount of
funds available to each State under the Program.''.
______