Accountability in Foreign Aid Act of 2014 - Directs the Secretary of the Treasury to establish a program to reimburse states and their political subdivisions for qualifying education, incarceration, and public benefit expenses related to the presence of aliens having no lawful U.S. immigration status within their geographical area.
Makes specified foreign assistance amounts available for such reimbursements.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5673 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5673
To direct the Secretary of the Treasury to establish a program to
reimburse States and political subdivisions of States for expenses
related to the presence of aliens having no lawful immigration status,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2014
Mrs. Ellmers introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of the Treasury to establish a program to
reimburse States and political subdivisions of States for expenses
related to the presence of aliens having no lawful immigration status,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability in Foreign Aid Act of
2014''.
SEC. 2. REIMBURSEMENT FOR STATES AND POLITICAL SUBDIVISIONS.
(a) In General.--The Secretary of the Treasury shall establish a
program for the purpose of reimbursing States, and political
subdivisions of States, for expenses required to be incurred and
related to the presence within the geographical area of the State or
political subdivision of aliens having no lawful immigration status in
the United States.
(b) Expenses Described.--The expenses described in subsection (a)
shall include expenses such as the following:
(1) Public elementary and secondary education.
(2) Incarceration and detention.
(3) Public benefits described in section 411(b) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1621(b)).
(c) Exceptions.--Expenses are not reimbursable under this section
if the Secretary of the Treasury determines that--
(1) the State or political subdivision has failed to submit
sufficient documents, statements, or records necessary to
support the request for reimbursement;
(2) the State or political subdivision otherwise has been
substantially compensated for the expenses; or
(3) such compensation will be forthcoming in a reasonable
period of time.
(d) Public Elementary and Secondary Education.--
(1) In general.--Compensation for a local educational
agency under subsection (b)(1) shall be based on--
(A) the number of children having no lawful
immigration status in the United States who were in
average daily attendance during the preceding school
year at the schools of such agency and for whom such
agency provided a free public education; multiplied by
(B) the average per-pupil expenditure of the State
in which the local educational agency is located.
(2) Definitions.--For purposes of this subsection, the
terms ``average daily attendance'', ``average per-pupil
expenditure'', ``free public education'', and ``local
educational agency'' have the meanings given such terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(e) Incarceration and Detention.--Compensation under subsection
(b)(2) shall be the average cost of incarceration of a prisoner in the
relevant State, as determined by the Attorney General.
(f) Applications.--
(1) State applications.--A State desiring to receive
reimbursement for expenses required to be incurred by the State
and related to the presence within the geographical area of the
State of aliens having no lawful immigration status in the
United States shall submit an application for such payment to
the Secretary of the Treasury. Such application shall be
submitted not later than September 30 of each year.
(2) Local applications.--A political subdivision of a State
desiring to receive reimbursement for expenses required to be
incurred by the political subdivision and related to the
presence within the geographical area of the political
subdivision of aliens having no lawful immigration status in
the United States shall submit an application for such payment
to the State. Subject to verification (as determined necessary
by the State), the State shall include such local expenses in
the State application submitted under paragraph (1). The
Governor of the State shall establish deadlines for the
submission of local applications under this paragraph, and
shall distribute all funds received from the Secretary of the
Treasury on behalf of a political subdivision of a State to the
political subdivision.
(g) Insufficient Appropriations.--
(1) In general.--If the amount made available to carry out
this section for a fiscal year is insufficient to pay the full
amount determined by the Secretary of the Treasury to be due to
all States for the year, the Secretary shall ratably reduce the
payment to each State.
(2) Resubmission.--If a State or political subdivision of a
State does not receive reimbursement for any expense due to a
reduction made under paragraph (1), the State or political
subdivision may resubmit documentation for the succeeding
fiscal year demonstrating the validity of the claimed amount
and that the amount has not yet been reimbursed from any other
source.
(h) Confidentiality of Information.--
(1) In general.--In carrying out this section, the
Secretary of the Treasury shall not--
(A) make any publication whereby the information
furnished by any particular alien can be identified; or
(B) permit anyone other than the sworn officers and
employees of the Department of the Treasury to examine
individually identifiable information.
(2) Immigration officials.--Except as provided in this
subsection, the Secretary of Homeland Security, the Attorney
General, the Secretary of State, any other official or employee
of the Department of Homeland Security, the Department of
Justice, or the Department of State, or any bureau or agency
thereof, shall not use information collected or furnished in
support of requests for reimbursement under this section for
any purpose.
(3) Required disclosures.--The Secretary of the Treasury
shall provide the information furnished under this section, and
any other information derived from such furnished information,
to a duly recognized law enforcement entity in connection with
a criminal investigation or prosecution of fraud or other
malfeasance under this section, when such information is
requested in writing by such entity.
(i) Verification of Immigration Status of Aliens.--Notwithstanding
any other provision of law, when used for purposes of establishing or
demonstrating eligibility for reimbursement under this section, the
head of each State or local public agency that incurs costs in
connection with a benefit or service provided to an alien may use the
immigration status verification system of such agency or the Systematic
Alien Verification For Entitlements Program (SAVE) of the Department of
Homeland Security to determine the immigration status of such alien.
SEC. 3. TRANSFER OF FUNDS.
15 percent of any discretionary amounts made available for each of
fiscal years 2016 through 2021 for the Department of State, Foreign
Operations, and Related Programs (other than amounts made available for
``Bilateral Economic Assistance--Funds Appropriated to the President--
Global Health Programs'' and ``Department of State--Nonproliferation,
Anti-Terrorism, Demining and Related Programs'') for foreign assistance
shall be made available to the Secretary of the Treasury to carry out
section 2 of this Act for a 90-day period beginning on the date of the
enactment of each Act appropriating such amounts.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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