I

104TH CONGRESS

1ST SESSION H. R. 1224

To amend title 10, United States Code, to authorize the Secretary of Defense

to detail members of the Armed Forces to other Federal agencies to

assist such agencies in enforcing the drug, immigration, and customs

laws of the United States in border areas, to make certain aliens ineligible for certain social services, and to provide for grants to the States

to compensate for State costs associated with resident lawful aliens.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1995

Mr. DEAL introduced the following bill; which was referred to the Committee

on the Judiciary, and in addition to the Committees on National Security,

Agriculture, Commerce, Ways and Means, and Economic and Educational

Opportunities, 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 amend title 10, United States Code, to authorize the

Secretary of Defense to detail members of the Armed

Forces to other Federal agencies to assist such agencies

in enforcing the drug, immigration, and customs laws

of the United States in border areas, to make certain

aliens ineligible for certain social services, and to provide

for grants to the States to compensate for State costs

associated with resident lawful aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Border Integrity Act of 1995’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 this Act is as follows:

Sec. 1. Short title; table of contents

TITLE I—ASSISTANCE OF THE ARMED FORCES IN BORDER

PROTECTION ACTIVITIES

Sec. 101. Use of members of the armed forces to assist in border protection

activities.

TITLE II—INELIGIBILITY OF CERTAIN ALIENS FOR CERTAIN

SOCIAL SERVICES

PART A—INELIGIBILITY OF CERTAIN ALIENS FOR CERTAIN SOCIAL

SERVICES

Sec. 201. Certain aliens ineligible for aid to families with dependent children.

Sec. 202. Certain aliens ineligible for supplemental security income benefits.

Sec. 203. Disqualification of certain aliens to receive food stamp benefits.

Sec. 204. Certain aliens ineligible for medical assistance under medicaid.

Subtitle B—Other Provisions Relating to Aliens

Sec. 211. Sponsor responsibility for costs of income-based cash public assistance provided to an alien.

Sec. 212. Enforcement of affidavits of support or financial responsibility by

State and local governments providing assistance.

Sec. 213. Authority to States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing income-based

cash public assistance.

TITLE III—GRANTS TO STATES TO COMPENSATE FOR RESIDENT

LAWFUL ALIENS

Sec. 301. Grants to States to compensate for resident lawful aliens.
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1 TITLE I—ASSISTANCE OF THE ARMED FORCES

2 IN BORDER PROTECTION ACTIVITIES

3 SEC. 101. USE OF MEMBERS OF THE ARMED FORCES TO AS4 SIST IN BORDER PROTECTION ACTIVITIES.

5 (a) ASSIGNMENT OF MEMBERS TO OTHER AGEN6 CIES.—Section 375 of title 10, United States Code, is

7 amended—

8 (1) by striking out ‘‘The Secretary’’ and insert9 ing in lieu thereof ‘‘(a) RESTRICTION.—Except as

10 provided in subsection (b), the Secretary’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) DIRECT PARTICIPATION AUTHORIZED FOR BOR14 DER PROTECTION.—(1) Notwithstanding section 1385 of

15 title 18 (popularly known as the ‘‘Posse Comitatus Act’’),

16 upon the request of the head of a Federal law enforcement

17 agency, the Secretary of Defense may assign members of

18 the Army, Navy, Air Force, and Marine Corps to assist

19 that agency in the enforcement of laws listed in section

20 374(b)(4)(A) of this title in border areas of the United

21 States. The location and scope of the assistance to be pro22 vided under this subsection shall be specified in agree23 ments entered into between the Secretary of Defense and

24 the head of the Federal law enforcement agency con25 cerned.
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1 ‘‘(2) A member of the armed forces assigned to a law

2 enforcement agency under paragraph (1) may directly par3 ticipate in searches, seizures, arrests, or other similar law

4 enforcement activities during the assignment if—

5 ‘‘(A) the Secretary of Defense and the head of

6 the Federal law enforcement agency concerned au7 thorize the member’s participation; and

8 ‘‘(B) the Secretary of Defense certifies to the

9 head of the Federal law enforcement agency con10 cerned that the member has satisfactorily completed

11 a course of study regarding the methods and tech12 niques required to properly exercise such law en13 forcement activities.’’.

14 (b) CLERICAL AMENDMENTS.—(1) The heading of

15 such section is amended to read as follows:

16 ‘‘§ 375. Restriction on direct participation by military

17 personnel; exception for border protec18 tion

19 (2) The item relating to such section in the table of

20 sections at the beginning of chapter 18 of title 10, United

21 States Code, is amended to read as follows:

‘‘375. Restriction on direct participation by military personnel; exception for

border protection.’’.
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1 TITLE II—INELIGIBILITY OF CERTAIN ALIENS

2 FOR CERTAIN SOCIAL SERVICES

3 PART A—INELIGIBILITY OF CERTAIN ALIENS FOR

4 CERTAIN SOCIAL SERVICES

5 SEC. 201. CERTAIN ALIENS INELIGIBLE FOR AID TO FAMI6 LIES WITH DEPENDENT CHILDREN.

7 (a) IN GENERAL.—Section 402(a)(33) (42 U.S.C.

8 602(a)) is amended—

9 (1) by redesignating subparagraphs (A) and

10 (B) as clauses (i) and (ii), respectively;

11 (2) by inserting ‘‘(A)’’ after ‘‘(33)’’;

12 (3) by adding ‘‘and’’ at the end; and

13 (4) by adding after and below the end the fol14 lowing:

15 ‘‘(B) provide that, notwithstanding subpara16 graph (A), an alien shall not be eligible for aid

17 under the State plan, unless—

18 ‘‘(i) the alien has been lawfully admitted to

19 the United States for permanent residence, has

20 attained 75 years of age, and has resided in the

21 United States for at least 5 years;

22 ‘‘(ii) the alien has been lawfully admitted

23 to the United States pursuant to section 207 of

24 the Immigration and Nationality Act, and the

25 6-year period that begins with the date the
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1 alien was admitted to the United States has not

2 expired;

3 ‘‘(iii) the alien has been granted asylum

4 under section 208 of the Immigration and Na5 tionality Act, and the 6-year period that begins

6 with the date the alien was so granted asylum

7 has not expired; or

8 ‘‘(iv) the alien—

9 ‘‘(I) is a veteran (as defined in section

10 101 of title 38, United States Code) with

11 a discharge characterized as an honorable

12 discharge,

13 ‘‘(II) is on active duty (other than ac14 tive duty for training) in the Armed Forces

15 of the United States, or

16 ‘‘(III) is the spouse or unmarried de17 pendent child of an individual described in

18 subclause (I) or (II).’’.

19 (b) EFFECTIVE DATES.—

20 (1) GENERAL EFFECTIVE DATE.—Except as

21 provided in paragraph (2), the amendments made by

22 subsection (a) shall take effect on October 1, 1995,

23 or on the first day of the first month beginning after

24 the date of the enactment of this Act, whichever oc25 curs later, and shall apply to payments under part
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1 A of title IV of the Social Security Act for quarters

2 beginning on or after such date, without regard to

3 whether or not regulations to carry out such amend4 ments have been promulgated by such date.

5 (2) SPECIAL EFFECTIVE DATE.—If an alien has

6 applied for and is eligible for aid under a State plan

7 approved under part A of title IV of the Social Secu8 rity Act, immediately before the amendments made

9 by subsection (a) takes effect in accordance with

10 paragraph (1), then such amendments shall not be

11 effective with respect to such alien until October 1,

12 1996.

13 SEC. 202. CERTAIN ALIENS INELIGIBLE FOR SUPPLE14 MENTAL SECURITY INCOME BENEFITS.

15 (a) IN GENERAL.—Section 1614(a) (42 U.S.C.

16 1382c(a)) is amended by adding at the end the following:

17 ‘‘(5) Notwithstanding any other provision of this title,

18 an alien shall not be eligible for benefits under this title

19 unless—

20 ‘‘(A) the alien has been lawfully admitted to the

21 United States for permanent residence, has attained

22 75 years of age, and has resided in the United

23 States for at least 5 years;

24 ‘‘(B) the alien has been lawfully admitted to the

25 United States pursuant to section 207 of the Immi-
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1 gration and Nationality Act, and the 6-year period

2 that begins with the date the alien was admitted to

3 the United States has not expired;

4 ‘‘(C) the alien has been granted asylum under

5 section 208 of the Immigration and Nationality Act,

6 and the 6-year period that begins with the date the

7 alien was so granted asylum has not expired; or

8 ‘‘(D) the alien—

9 ‘‘(i) is a veteran (as defined in section 101

10 of title 38, United States Code) with a dis11 charge characterized as an honorable discharge,

12 ‘‘(ii) is on active duty (other than active

13 duty for training) in the Armed Forces of the

14 United States, or

15 ‘‘(iii) is the spouse or unmarried dependent

16 child of an individual described in clause (i) or

17 (ii).’’.

18 (b) EFFECTIVE DATES.—

19 (1) GENERAL EFFECTIVE DATE.—Except as

20 provided in paragraph (2), the amendment made by

21 subsection (a) shall take effect on October 1, 1995,

22 or on the first day of the first month beginning after

23 the date of the enactment of this Act, whichever oc24 curs later, and shall apply to payments for months

25 beginning on or after such date, without regard to
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1 whether or not regulations to carry out such amend2 ment have been promulgated by such date.

3 (2) SPECIAL EFFECTIVE DATE.—If an alien has

4 applied for and is eligible for supplemental security

5 income benefits under title XVI of the Social Secu6 rity Act immediately before the amendments made

7 by subsection (a) take effect in accordance with

8 paragraph (1), then such amendment shall not be ef9 fective with respect to such alien until October 1,

10 1996.

11 SEC. 203. DISQUALIFICATION OF CERTAIN ALIENS TO RE12 CEIVE FOOD STAMP BENEFITS.

13 (a) AMENDMENT.—Section 6 of the Food Stamp Act

14 of 1977 (7 U.S.C. 2015) is amended by adding at the end

15 the following:

16 ‘‘(i) An alien who is otherwise eligible to participate

17 in the food stamp program shall not be eligible to partici18 pate in the food stamp program unless—

19 ‘‘(1) the alien has been lawfully admitted to the

20 United States for permanent residence, has attained

21 75 years of age, and has resided in the United

22 States for at least 5 years;

23 ‘‘(2) the alien has been lawfully admitted to the

24 United States pursuant to section 207 of the Immi25 gration and Nationality Act, and the 6-year period
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1 that begins with the date the alien was admitted to

2 the United States has not expired;

3 ‘‘(3) the alien has been granted asylum under

4 section 208 of the Immigration and Nationality Act,

5 and the 6-year period that begins with the date the

6 alien was so granted asylum has not expired; or

7 ‘‘(4) the alien—

8 ‘‘(A) is a veteran (as defined in section

9 101 of title 38, United States Code) with a dis10 charge characterized as an honorable discharge,

11 ‘‘(B) is on active duty (other than active

12 duty for training) in the Armed Forces of the

13 United States, or

14 ‘‘(C) is the spouse or unmarried dependent

15 child of an individual described in subparagraph

16 (A) or (B).’’.

17 (b) EFFECTIVE DATES AND APPLICATION OF

18 AMENDMENT.—

19 (1) GENERAL EFFECTIVE DATE.—Except as

20 provided in paragraphs (2) and (3), the amendment

21 made by subsection (a) shall take effect on October

22 1, 1995, or on the first day of the first month begin23 ning after the date of the enactment of this Act,

24 whichever occurs later.
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1 (2) SPECIAL EFFECTIVE DATE.—Except as pro2 vided in paragraph (3), if an alien is participating

3 in the food stamp program immediately before the

4 amendment made by subsection (a) takes effect in

5 accordance with paragraph (1), then such amend6 ment shall not be effective with respect to such alien

7 until October 1, 1996.

8 (3) APPLICATION TO CERTIFICATION PERI9 ODS.—The amendment made by subsection (a) shall

10 not apply with respect to an alien for certification

11 periods beginning before the date such amendment

12 is effective with respect to such alien.

13 SEC. 204. CERTAIN ALIENS INELIGIBLE FOR MEDICAL AS14 SISTANCE UNDER MEDICAID.

15 (a) IN GENERAL.—Section 1903(v) (42 U.S.C.

16 1396b(v)(1)) is amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘paragraph (2)’’ and in19 serting ‘‘paragraphs (2) and (4)’’, and

20 (B) by striking ‘‘who is not lawfully admit21 ted’’ and all that follows and inserting a period;

22 (2) in paragraph (2), by striking ‘‘described in

23 paragraph (1)’’; and

24 (3) by adding at the end the following new

25 paragraph:
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1 ‘‘(4) The limitation on payments provided under

2 paragraph (1) shall not apply with respect to medical as3 sistance furnished to an alien—

4 ‘‘(A) who has been lawfully admitted to the

5 United States for permanent residence, is 75 years

6 of age or older, and has resided in the United States

7 for at least 5 years;

8 ‘‘(B) who has been lawfully admitted to the

9 United States pursuant to section 207 of the Immi10 gration and Nationality Act, during the 6-year pe11 riod beginning on the date such alien was so admit12 ted to the United States;

13 ‘‘(C) who has been granted asylum under sec14 tion 208 of the Immigration and Nationality Act,

15 during the 6-year period beginning on the date the

16 alien was so granted asylum; or

17 ‘‘(D) the alien—

18 ‘‘(i) is a veteran (as defined in section 101

19 of title 38, United States Code) with a dis20 charge characterized as an honorable discharge,

21 ‘‘(ii) is on active duty (other than active

22 duty for training) in the Armed Forces of the

23 United States, or
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1 ‘‘(iii) is the spouse or unmarried dependent

2 child of an individual described in clause (i) or

3 (ii).’’.

4 (b) EFFECTIVE DATES.—

5 (1) GENERAL EFFECTIVE DATE.—Except as

6 provided in paragraph (2), the amendments made by

7 subsection (a) shall take effect on October 1, 1995,

8 or on the first day of the first month beginning after

9 the date of the enactment of this Act, whichever oc10 curs later, and shall apply to medical assistance fur11 nished to an alien during quarters beginning on or

12 after such date, without regard to whether or not

13 regulations to carry out such amendments have been

14 promulgated by such date.

15 (2) SPECIAL EFFECTIVE DATE.—If an alien is

16 eligible for medical assistance under a State plan

17 under title XIX of the Social Security Act imme18 diately before the amendments made by subsection

19 (a) take effect in accordance with paragraph (1),

20 then such amendments shall not be effective with re21 spect to such alien until October 1, 1996.
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1 Subtitle B—Other Provisions

2 Relating to Aliens

3 SEC. 211. SPONSOR RESPONSIBILITY FOR COSTS OF IN4 COME-BASED CASH PUBLIC ASSISTANCE PRO5 VIDED TO AN ALIEN.

6 An affidavit of support or similar document of finan7 cial responsibility with respect to the admission into the

8 United States of an alien under the Immigration and Na9 tionality Act shall provide that the sponsor shall be liable

10 for any costs incurred by any State or a political subdivi11 sion of a State for income-based cash public assistance

12 provided to such alien until the date on which the alien

13 becomes a citizen of the United States.

14 SEC. 212. ENFORCEMENT OF AFFIDAVITS OF SUPPORT OR

15 FINANCIAL RESPONSIBILITY BY STATE AND

16 LOCAL GOVERNMENTS PROVIDING ASSIST17 ANCE.

18 An affidavit of support or document of financial re19 sponsibility referred to in section 711 may be enforced

20 with respect to an alien against the alien’s sponsor in a

21 civil suit brought by the Attorney General or a State or

22 political subdivision of a State in the United States district

23 court for the district in which the sponsor resides for the

24 recovery of any costs incurred by any State or political

25 subdivision of a State for income-based cash public assist-
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1 ance provided to such alien for which the sponsor agreed

2 to be liable under such an affidavit or document. A spon3 sor or the sponsor’s estate shall not be liable under such

4 an affidavit or document if the sponsor dies or is adju5 dicated a bankrupt under title 11, United States Code.

6 SEC. 213. AUTHORITY TO STATES AND LOCALITIES TO

7 LIMIT ASSISTANCE TO ALIENS AND TO DIS8 TINGUISH AMONG CLASSES OF ALIENS IN

9 PROVIDING INCOME-BASED CASH PUBLIC AS10 SISTANCE.

11 (a) IN GENERAL.—Subject to subsection (b) and not12 withstanding any other provision of law, a State or local

13 government may prohibit or otherwise limit or restrict the

14 eligibility of aliens or classes of aliens for programs of in15 come-based cash public assistance furnished under the law

16 of the State or a political subdivision of a State.

17 (b) LIMITATION.—The authority under subsection (a)

18 may be exercised only to the extent that any prohibitions,

19 limitations, or restrictions are not inconsistent with the

20 eligibility requirements for comparable Federal programs

21 or are less restrictive. For the purposes of this section,

22 attribution to an alien of a sponsor’s income and resources

23 for purposes of determining the eligibility for and amount

24 of benefits of an alien shall be considered less restrictive

25 than a prohibition of eligibility.
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1 (c) VERIFICATION OF STATUS.—Notwithstanding

2 any other provision of law, pursuant to the authority of

3 subsection (a) a State or local government may verify the

4 citizenship or alien status of any individual for purposes

5 of eligibility for any program of income-based cash public

6 assistance.

7 TITLE III—GRANTS TO STATES TO

8 COMPENSATE FOR RESIDENT LAWFUL ALIENS

9 SEC. 301. GRANTS TO STATES TO COMPENSATE FOR RESI10 DENT LAWFUL ALIENS.

11 (a) IN GENERAL.—

12 (1) ELIGIBLE STATES.—Except as otherwise

13 provided in this section, a State shall be entitled to

14 a grant under this section for a fiscal year on the

15 basis of the number of lawful aliens residing in the

16 State for the preceding fiscal year as determined by

17 the Attorney General under paragraph (2). Grants

18 under this section shall be used in accordance with

19 subsection (d).

20 (2) ALLOCATION OF FUNDS.—The amount ap21 propriated under subsection (b) shall be allocated

22 among the eligible States by allocating to each such

23 State an amount which bears the same ratio to such

24 amount as the number of lawful aliens residing in

25 the eligible State for the preceding fiscal year bears
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1 to the number of such aliens residing in all eligible

2 States for such fiscal year.

3 (3) DETERMINATION OF NUMBER OF LAWFUL

4 RESIDENT ALIENS.—For purposes of this section,

5 the Attorney General shall determine the number of

6 lawful aliens residing in each State on the basis of

7 the most recent satisfactory data available from the

8 Immigration and Naturalization Service. The Com9 missioner of Immigration and Naturalization shall

10 collect and transmit, in a timely fashion, the infor11 mation required by this section to the Attorney Gen12 eral.

13 (4) DEFINITION.—For purposes of this sec14 tion—

15 (A) the term ‘‘State’’ includes the District

16 of Columbia; and

17 (B) the term ‘‘lawful alien’’ means an alien

18 who is lawfully residing in the United States

19 under the immigration laws of the United

20 States at the time such alien is counted for pur21 poses of this section.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated $5,000,000,000 for each

24 of the fiscal years 1997, 1998, 1999, and 2000 to carry

25 out this section.
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1 (c) DURATION OF ASSISTANCE.—During the period

2 beginning October 1, 1996, and ending September 30,

3 2000, the Attorney General shall, in accordance with the

4 provisions of this section, make payments to States for

5 grants made on the basis of entitlements created under

6 this section.

7 (d) USE OF FUNDS.—Amounts made available to the

8 States through grants under this section may be obligated

9 and expended only for services and activities for, or related

10 to, aliens for any of the following purposes:

11 (1) Provision of, or reimbursement for,

12 healthcare for the needy.

13 (2) Elementary and secondary education.

14 (3) State and local assistance to the Border Pa15 trol.

16 (4) Facilities for the temporary incarceration of

17 aliens not lawfully present in the United States.

18 (5) State and local assistance in the deportation

19 of aliens.

20 (6) Citizenship programs for aliens lawfully ad21 mitted for permanent residence.

22 (7) Assistance to State and local law enforce23 ment for enforcement of the immigration laws of the

24 United States.

Æ
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