To establish a grant program to provide financial assistance to States and local governments for the costs of providing health care and educational services to noncitizens, and to provide additional funding for the State Criminal Alien Assistance Program.

SA 4072. Mrs. CLINTON (for herself, Mr. Obama, Mrs. Boxer, Mr.
Salazar, and Mr. Schumer) submitted an amendment intended to be
proposed by her to the bill S. 2611, to provide for comprehensive
immigration reform and for other purposes; as follows:

On page 259, line 23, strike ``section 286(c)'' and insert
``section 286(x)''.
On page 264, strike line 13, and insert the following:
``(x) State Impact Assistance Account.--
``(1) Establishment.--There
On page 264, strike line 20, and insert the following:

``218A and 218B.
``(2) State criminal alien assistance program account;
state health and education assistance account.--
``(A) State criminal alien assistance program account.--
``(i) Establishment.--There is established within the State
Impact Aid Account a State Criminal Alien Assistance Program
Account.
``(ii) Deposits.--Notwithstanding any other provision under
this Act, there shall be deposited in the State Criminal
Alien Assistance Program Account 25 percent of all amounts
deposited in the State Impact Aid Account, which shall be
available to the Attorney General to disburse in accordance
with section 241(i).
``(B) State health and education assistance account.--
``(i) Establishment.--There is established within the State
Impact Assistance Account a State Health and Education
Assistance Account.
``(ii) Deposits.--Notwithstanding any other provision under
this Act, there shall be deposited in the State Health and
Education Assistance Account 75 percent of all amounts
deposited in the State Impact Aid Account.
``(3) State impact assistance grant program.--
``(A) Establishment.--Not later than January 1 of each year
beginning after the date of enactment of the Comprehensive
Immigration Reform Act of 2006, the Secretary of Homeland
Security, 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 award 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
Health and Education Assistance Account under paragraph
2(B)(ii) during the preceding year .
``(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.--Twenty 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).

``(iii) Funding for local entities.--The Secretary shall
require recipients of the State Impact Assistance Grants to
provide units of local governments with not less than 70
percent of the grant funds not later than 180 days after the
State receives grant funding. States shall distribute funds
to units of local government based on demonstrated need and
function.

[[Page S4813]]

``(D) Use of funds.--A State shall use a grant received
under this paragraph to return funds to State and local
governments, organizations, and entities for the costs of
providing health services and educational services to
noncitizens.
``(E) Administration.--A unit of 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) Contents.--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) 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.
``(J) Exemption.--Notwithstanding any other provision of
law, section 6503(a) of title 31, United States Code, shall
not apply to funds transferred to States under this
paragraph.
``(K) Definition of state.--In this paragraph, the term
`State' means each of--
``(i) the several States of the United States;
``(ii) the District of Columbia;
``(iii) the Commonwealth of Puerto Rico;
``(iv) the Virgin Islands;
``(v) American Samoa; and
``(vi) the Commonwealth of the Northern Mariana Islands.''.
On page 371, line 4, strike ``(B) 10 percent'' and insert
the following:
``(B) 10 percent of such funds shall be deposited in the
State Impact Aid Account in the Treasury in accordance with
section 286(x);
``(C) 5 percent
On page 371, line 8, strike ``(C) 10 percent'' and insert
``(D) 5 percent''.
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