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PART 3-PUBLIC EDUCATION BENEFITS SEC. 615. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES.

(a) IN GENERAL.-The Immigration and Nationality Act is amended by adding at the end the following new title: "TITLE

VI-DISQUALIFICATION

OF ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM CERTAIN PROGRAM

"CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FOR PUBLIC EDUCATION BENEFITS

"SEC. 601. (a) Because Congress views that the right to a free public education for aliens who are not lawfully present in the United States promotes violations of the immigration laws and because such a free public education for such aliens creates a significant burden on States' economies and depletes States' limited educational resources, Congress declares it to be the policy of the United States that

"(1) aliens who are not lawfully present in the United States not be entitled to public education benefits in the same manner as United States citizens and lawful resident aliens; and

"(2) States should not be obligated to provide public education benefits to aliens who are not lawfully present in the United States.

"(b) Nothing in this section shall be construed as expressing any statement of Federal policy with regard to

"(1) aliens who are lawfully present in the United States, or

"(2) benefits other than public education benefits provided under State law.

"AUTHORITY OF STATES

"SEC. 602. (a) In order to carry out the policies described in section 601, each State may provide that an alien who is not lawfully present in the United States is not eligible for public education benefits in the State or, at the option of the State, may be treated as a non-resident of the State for purposes of provision of such benefits.

"(b) For purposes of subsection (a), an individual shall be considered to be not lawfully present in the United States unless the individual (or, in the case of an individual who is a child, another on the child's behalf)—

"(1) declares in writing under penalty of perjury that the individual (or child) is a citizen or national of United States and (if required by a State) presents evidence of United States citizenship or nationality; or

"(2)(A) declares in writing under penalty of perjury that the individual (or child) is not a citizen or national of the United States but is lawfully present in the United States, and "(B) presents either

"(i) alien registration documentation or other proof of immigration registration from the Service, or

"(ii) such other documents as the State determines constitutes reasonable evidence indicating that the individual (or child) is lawfully present in the United States.

If the documentation described in paragraph (2)(B)(i) is presented, the State may (at its option) verify with the Service the alien's immigration status through a system described in section 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)).

"(c) If a State denies public education benefits under this section with respect to an alien, the State shall provide the alien with an opportunity for a fair hearing to establish that the alien is lawfully present in the United States, consistent with subsection (b) and Federal immigration law.".

(b) CLERICAL AMENDMENT. The table of contents of such Act is amended by adding at the end the following new items:

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Payne (VA) Peterson (FL) Peterson (MN) Pickett

Taylor (MS) Thomas Thornberry Thornton Thurman Torricelli Traficant

Vucanovich

Walker
Wamp
Watts (OK)
Waxman
Weldon (FL)
Weller
Whitfield
Wicker

Wolf

Young (FL) Zeliff Zimmer

So the amendment, as modified, was not agreed to.

After some further time,

131.18 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment, as modified, submitted by Mr. GALLEGLY:

Amend section 401 to read as follows (and conform the table of contents accordingly): SEC. 401. EMPLOYMENT ELIGIBILITY CONFIRMATION PROCESS.

Section 274A (8 U.S.C. 1324a) is amended(1) in subsection (a)(3), by inserting “(A)” after "DEFENSE.-", and by adding at the end the following:

"(B) FAILURE TO SEEK AND OBTAIN CONFIRMATION.-Subject to subsection (b)(7), in the case of a hiring of an individual for employment in the United States by a person or entity that employs more than 3 employees, the following rules apply:

"(i) FAILURE TO SEEK CONFIRMATION.— "(I) IN GENERAL.-If the person or entity has not made an inquiry, under the mechanism established under subsection (b)(6), seeking confirmation of the identity, social security number, and work eligibility of the

individual, by not later than the end of 3 working days (as specified by the Attorney General) after the date of the hiring, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after such 3 working days, except as provided in subclause (II).

"(II) SPECIAL RULE FOR FAILURE OF CONFIRMATION MECHANISM.-If such a person or entity in good faith attempts to make an inquiry during such 3 working days in order to qualify for the defense under subparagraph (A) and the confirmation mechanism has registered that not all inquiries were responded to during such time, the person or entity can make an inquiry in the first subsequent working day in which the confirmation mechanism registers no nonresponses and qualify for the defense.

"(ii) FAILURE TO OBTAIN CONFIRMATION.—If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate confirmation of such identity, number, and work eligibility under such mechanism within the time period specified under subsection (b)(6)(D)(iii) after the time the confirmation inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period.";

(2) by amending paragraph (3) of subsection (b) to read as follows:

"(3) RETENTION OF VERIFICATION FORM AND CONFIRMATION.-After completion of such form in accordance with paragraphs (1) and (2), the person or entity must

"(A) if the person employs not more than 3 employees, retain the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending

"(i) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and

"(ii) in the case of the hiring of an individual

"(I) three years after the date of such hiring, or

"(II) one year after the date the individual's employment is terminated, whichever is later; and

"(B) subject to paragraph (7), if the person employs more than 3 employees, seek to have (within 3 working days of the date of hiring) and have (within the time period. specified under paragraph (6)(D)(iii)) the identity, social security number, and work eligibility of the individual confirmed in accordance with the procedures established under paragraph (6), except that if the person or entity in good faith attempts to make an inquiry in accordance with the procedures established under paragraph (6) during such 3 working days in order to fulfill the requirements under this subparagraph, and the confirmation mechanism has registered that not all inquiries were responded to during such time, the person or entity shall make an inquiry in the first subsequent working day in which the confirmation mechanism registers no nonresponses."; and

(3) by adding at the end of subsection (b) the following new paragraphs:

"(6) EMPLOYMENT ELIGIBILITY CONFIRMATION PROCESS.

"(A) IN GENERAL.-Subject to paragraph (7), the Attorney General shall establish a confirmation mechanism through which the Attorney General (or a designee of the Attorney General which may include a nongovernmental entity)

"(i) responds to inquiries by employers, made through a toll-free telephone line, other electronic media, or toll-free facsimile

number in the form of an appropriate confirmation code or otherwise, on whether an individual is authorized to be employed by that employer, and

"(ii) maintains a record that such an inquiry was made and the confirmation provided (or not provided)

"(B) EXPEDITED PROCEDURE IN CASE OF NO CONFIRMATION.-In connection with subparagraph (A), the Attorney General shall establish, in consultation with the Commissioner of Social Security and the Commissioner of the Service, expedited procedures that shall be used under the confirmation mechanism in cases in which the confirmation is sought but is not provided through confirmation mechanism.

"(C) DESIGN AND OPERATION OF MECHANISM. The confirmation mechanism shall be designed and operated

"(i) to maximize the reliability of the confirmation process, and the ease of use by employers, recruiters, and referrers, consistent with insulating and protecting the privacy and security of the underlying information, and

"(ii) to respond to all inquiries made by employers on whether individuals are authorized to be employed by those employers, recruiters, or referrers registering all times when such response is not possible.

"(D) CONFIRMATION PROCESS.-(i) As part of the confirmation mechanism, the Commissioner of Social Security shall establish a reliable, secure method, which within the time period specified under clause (iii), compares the name and social security account number provided against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information.

"(ii) As part of the confirmation mechanism, the Commissioner of the Service shall establish a reliable, secure method, which, within the time period specified under clause (iii), compares the name and alien identification number (if any) provided against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided and whether the alien is authorized to be employed in the United States.

"(iii) For purposes of this section, the Attorney General (or a designee of the Attorney General) shall provide through the confirmation mechanism confirmation or a tentative nonconfirmation of an individual's employment eligibility within 3 working days of the initial inquiry. In cases of tentative nonconfirmation, the Attorney General shall specify, in consultation with the Commissioner of Social Security and the Commissioner of the Service, an expedited time period not to exceed 10 working days within which final confirmation or denial must be provided through the confirmation mechanism in accordance with the procedures under subparagraph (B).

"(iv) The Commissioners shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information.

"(E) PROTECTIONS.-(i) In no case shall an individual be denied employment because of inaccurate or inaccessible data under the confirmation mechanism.

"(ii) The Attorney General shall assure that there is a timely and accessible process to challenge nonconfirmations made through the mechanism.

"(iii) If an individual would not have been dismissed from a job but for an error of the confirmation mechanism, the individual will be entitled to compensation through the mechanism of the Federal Tort Claims Act.

"(F) TESTER PROGRAM.-As part of the confirmation mechanism, the Attorney General shall implement a program of testers and investigative activities (similar to testing and other investigative activities assisted under the fair housing initiatives program under section 561 of the Housing and Community Development Act of 1987 to enforce rights under the Fair Housing Act) in order to monitor and prevent unlawful discrimination under the mechanism.

"(G) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE EMPLOYMENT ELIGIBILITY CONFIRMATION MECHANISM.-No person shall be civilly or criminally liable for any action. taken in good faith reliance on information provided through the employment eligibility confirmation mechanism established under this paragraph (including any pilot program established under paragraph (7)).

"(7) APPLICATION OF CONFIRMATION MECHANISM THROUGH PILOT PROJECTS.

"(A) IN GENERAL.-Subsection (a)(3)(B) and paragraph (3) shall only apply to individuals hired if they are covered under a pilot project established under this paragraph.

"(B) UNDERTAKING PILOT PROJECTS.-For purposes of this paragraph, the Attorney General shall undertake pilot projects for all employers in at least 5 of the 7 States with the highest estimated population of unauthorized aliens, in order to test and assure that the confirmation mechanism described in paragraph (6) is reliable and easy to use. Such projects shall be initiated not later than 6 months after the date of the enactment of this paragraph. The Attorney General, however, shall not establish such mechanism in other States unless Congress so provides by law. The pilot projects shall terminate on such dates, not later than October 1, 1999, as the Attorney General determines. At least one such pilot project shall be carried out through a nongovernmental entity as the confirmation mechanism.

"(C) REPORT.-The Attorney General shall submit to the Congress annual reports in 1997, 1998, and 1999 on the development and implementation of the confirmation mechanism under this paragraph. Such reports may include an analysis of whether the mechanism implemented—

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Cramer

Crane

Crapo

Cremeans

"(i) is reliable and easy to use; "(ii) limits job losses due to inaccurate or unavailable data to less than 1 percent; "(iii) increase or decreases discrimination; "(iv) protects individual privacy with appropriate policy and technological mechanisms; and

"(v) burdens individual employers with costs or additional administrative requirements.".

It was decided in the Yeas negative

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Coburn
Coleman
Collins (GA)
Collins (MI)
Combest

Conyers

Cooley

Cubin

Portman

Poshard

Pryce
Quillen

Istook

Jackson (IL)

Jackson-Lee
(TX)
Jefferson

Johnson, E. B.

Johnson, Sam
Jones

Porter

Quinn

Rahall

Ramstad

Rangel

Reed
Regula

Richardson

Riggs

Danner

Baker (CA) Barton Bateman Beilenson

Dreier

LaFalce

Davis

Duncan

Leach

de la Garza

Eshoo

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Rivers

Roberts

Roemer

Gejdenson Geren Gilchrest Goodlatte

Dixon

Meehan

Metcalf

Doggett
Dooley
Doolittle

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Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe

Rogers

Ros-Lehtinen

Rush

Salmon

Sanders

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Burton
Calvert
Campbell

Canady

Cardin Castle Condit Cunningham Deal DeFazio DeLauro

Kennedy (MA) Kennedy (RI)

Kim

Obey

Rohrabacher

Lantos

Largent

Roybal-Allard

Latham

LaTourette
Laughlin
Lazio

Scarborough
Schaefer
Schiff

Schroeder

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131.20 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment submitted by Mr. CANADY:

Amend subsection (c) of section 514 to read as follows:

(c) ESTABLISHING JOB OFFER AND ENGLISH LANGUAGE PROFICIENCY REQUIREMENTS.— Paragraph (2) of section 203(c) (8 U.S.C. 1153(c)) is amended to read as follows:

"(2) REQUIREMENTS OF JOB OFFER AND EDUCATION OR SKILLED WORKER AND ENGLISH LANGUAGE PROFICIENCY.-An alien is not eligible for a visa under this subsection unless the alien

“(A) has a job offer in the United States which has been verified;

"(B) has at least a high school education or its equivalent;

"(C) has at least 2 years of work experience in an occupation which requires at least 2 years of training; and

"(D) demonstrates the ability to speak and to read the English language at an appropriate level specified under subsection (i).".

Redesignate section 519 as section 520 and insert after section 518 the following new section (and conform the table of contents, and cross-references to section 519, accordingly):

SEC. 519. STANDARDS FOR ENGLISH LANGUAGE PROFICIENCY FOR MOST IMMIGRANTS. Section 203 (8 U.S.C. 1153), as amended by section 524(a), is amended by adding at the end the following new subsection:

"(i) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—(1) For purposes of this section, the levels of English language speaking and reading ability specified in this subsection are as follows:

"(A) The ability to speak English at a level required, without a dictionary, to meet routine social demands and to engage in a generally effective manner in casual conversation about topics of general interest, such as current events, work, family, and personal history, and to have a basic understanding of most conversations on nontechnical subjects, as shown by an appropriate score on the standardized test of English-speaking ability most commonly used by private firms doing business in the United States.

"(B) The ability to read English at a level required to understand simple prose in a form equivalent to typescript or printing on subjects familiar to most general readers, and, with a dictionary, the general sense of

routine business letters, and articles in newspapers and magazines directed to the general reader.

"(2) The levels of ability described in paragraph (1) shall be shown by an appropriate score on the standardized test of Englishspeaking ability most commonly used by private firms doing business in the United States. Determinations of the tests required and the computing of the appropriate score on each such test are within the sole discretion of the Secretary of Education, and are not subject to further administrative or judicial review.

"(3) The level of English language speaking and reading ability specified under this subsection shall not apply to family members accompanying, or following to join, an immigrant under subsection (e).".

Amend paragraph (3) of section 513(a) to read as follows:

(3) by adding at the end the following new paragraphs:

"(8) NOT COUNTING WORK EXPERIENCE AS AN UNAUTHORIZED ALIEN.-For purposes of this subsection, work experience obtained in employment in the United States with respect to which the alien was an unauthorized alien (as defined in section 274A(h)(3)) shall not be taken into account.

"(9) ENGLISH LANGUAGE PROFICIENCY REQUIREMENT.-An alien is not eligible for an immigrant visa number under this subsection unless the alien demonstrates the ability to speak and to read the English language at an appropriate level specified under subsection (i).”.

In section 553(b)—

(1) in paragraph (1), strike "paragraph (2)" and insert "paragraphs (2) and (3)", and

(2) redesignate paragraph (3) and paragraph (4), and

(3) insert after paragraph (2) the following new paragraph:

(3) In determining the order of issuance of visa numbers under this section, if an immigrant demonstrates the ability to speak and to read the English language at appropriate levels specified under section 203(i) of the Immigration and Nationality Act (as added by section 519), the immigrant's priority date shall be advanced to 180 days before the priority date otherwise established. It was decided in the affirmative .....

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Yeas Nays

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210 207

......

Bryant (TX)

Bunn

Cardin

Castle

Chapman

Clay

Peterson (FL)

Clayton

Clyburn

Pomeroy

Coleman

Portman

Frisa Funderburk

Collins (MI)

Poshard

Conyers

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Torricelli

Watts (OK)

Hayworth
Hefley

McDade

Saxton

McHale

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Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg

Shays

Shuster

Skaggs

Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder

Taylor (MS)
Taylor (NC)
Tejeda

Thomas

Thornberry

Thornton

Tiahrt

Torkildsen

Visclosky
Volkmer

Vucanovich

Waldholtz

Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker

Moran

Morella

Johnson (CT)

Murtha

Johnson (SD)

Myers

Johnson, E. B.

Myrick

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Spence
Stenholm
Stockman
Stump

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Stupak

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Tauzin

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Torres

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Towns

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Traficant

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Upton

LaHood

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Pelosi
Petri

Velazquez
Vento

[Roll No. 79]

AYES-359

Pickett
Pombo

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When Mr. BONILLA, Chairman, reported that the Committee, having had under consideration said bill, had come to no resolution thereon.

131.24 PROVIDING FOR THE

CONSIDERATION OF H.J. RES. 165

Mr. DREIER, by direction of the Committee on Rules, reported (Rept. No. 104-489) the resolution (H. Res. 386) providing for the consideration of the joint resolution (H.J. Res. 165) making further continuing appropriations for the fiscal year 1996, and for other purposes, and waiving a requirement of clause 4(b) of rule XI with respect to consideration of certain resolutions reported from the Committee on Rules.

When said resolution and report were referred to the House Calendar and ordered printed.

131.25 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted

To Mr. OLVER, for today; and

To Ms. WATERS, for today and balance of the week.

And then,

131.26 ADJOURNMENT

On motion of Mr. BILIRAKIS, at 10 o'clock and 29 minutes p.m., the House adjourned.

131.27 REPORTS OF COMMITTEES ON

PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows:

Mr. SHUSTER: Committee on Transportation and Infrastructure. House Concurrent Resolution 146. Resolution authorizing the 1996 Special Olympics Torch Relay to be run through the Capitol Grounds (Rept. No. 104487). Referred to the House Calendar.

Mr. SHUSTER: Committee on Transportation and Infrastructure. House Concurrent Resolution 147. Resolution authorizing the use of the Capitol Grounds for the 15th annual National Peace Officers' Memorial Service (Rept. No. 104-488). Referred to the House Calendar.

Mr. McINNIS: Committee on Rules. House Resolution 386. Resolution providing for consideration of the joint resolution (H.J. Res. 165) making further continuing appropriations for the fiscal year 1996, and for other purposes, and waiving a requirement of clause 4(b) of rule XI with respect to consideration of certain resolutions reported from the Committee on Rules (Rept. No. 104-489). Referred to the House Calendar.

131.28 PUBLIC BILLS AND RESOLUTIONS Under clause 5 of rule X and clause 4 of rule XXII, public bills and resolutions were introduced and severally referred as follows:

By Mr. MONTGOMERY (for himself,
Mr. STUMP, Mr. EDWARDS, and Mr.
HUTCHINSON):

H.R. 3117. A bill to amend title 38, United States Code, to enable the Secretary of Veterans Affairs to improve service-delivery of

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