I 

108TH CONGRESS 

1ST SESSION H. R. 2848

To provide for Federal custody and Federal payment of costs of emergency 

ambulance and medical services for aliens illegally attempting to enter 

the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. FILNER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, 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 provide for Federal custody and Federal payment of 

costs of emergency ambulance and medical services for 

aliens illegally attempting to enter the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pay for All Your Un5 documented Procedures (PAY UP!) Act of 2003’’.
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1 SEC. 2. PROVIDING FOR FEDERAL CUSTODY AND FEDERAL 

2 PAYMENT OF COSTS OF EMERGENCY AMBU3 LANCE AND MEDICAL SERVICES FOR ALIENS 

4 ILLEGALLY ATTEMPTING TO ENTER THE 

5 UNITED STATES. 

6 (a) IN GENERAL.—In the case described in sub7 section (b)—

8 (1) the border patrol officer or other Federal 

9 immigration offical who sought or provided assist10 ance to the alien, or such other officer or official as 

11 the Secretary of Homeland Security may designate, 

12 shall provide (to the extent practicable) for securing 

13 custody of the alien before the alien departs from 

14 the medical facility to which the alien is brought for 

15 emergency services; and 

16 (2) any such emergency services provided shall 

17 be treated as if such services had been provided to 

18 the alien while under the custody of such an officer 

19 and the provider of the ambulance or other emer20 gency services shall be entitled to receive from the 

21 Secretary of Health and Human Services, from 

22 amounts in the Treasury not otherwise appropriated, 

23 appropriate reimbursement for the costs of such 

24 services, but only to the extent that such costs are 

25 not otherwise reimbursed through any Federal pro-
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1 gram and cannot be recovered from the alien or an2 other person. 

3 Paragraph (2) of this subsection constitutes budget au4 thority in advance of appropriations Acts and represents 

5 the obligation of the Federal Government to provide for 

6 the payment of amounts provided under such paragraph. 

7 (b) CASE OF INJURED ALIEN DESCRIBED.—A case 

8 described in this subsection is the case of an alien injured 

9 while crossing a land or sea border of United States with10 out inspection or at any time or place other than as des11 ignated by the Secretary of Homeland Security, if a border 

12 patrol officer or other Federal immigration official pro13 vides assistance in any form, directly or indirectly, in seek14 ing or obtaining emergency medical assistance, including 

15 contacting an ambulance service for the transport of the 

16 alien to an appropriate medical facility for the receipt of 

17 emergency services.

Æ