I

107TH CONGRESS

1ST SESSION H. R. 823

To provide Federal reimbursement for indirect costs relating to the incarceration of illegal criminal aliens and for emergency health services furnished to undocumented aliens.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 2001

Mr. CONDIT (for himself, Mr. DREIER, Mr. BONILLA, Mr. BECERRA, Mr.

HUNTER, Mr. FILNER, Mr. SKEEN, Mr. REYES, Mr. FLAKE, Mr.

DEUTSCH, Mr. BISHOP, Mr. GUTIERREZ, Mr. MCDERMOTT, Mr. GARY

MILLER of California, Mr. PASTOR, Mr. ANDREWS, Mr. SESSIONS, Mr.

HAYWORTH, Mr. DOOLEY of California, Mr. HASTINGS of Washington,

and Mr. SHADEGG) 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 Federal reimbursement for indirect costs relating

to the incarceration of illegal criminal aliens and for

emergency health services furnished to undocumented

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.

2 This Act may be cited as the ‘‘State Criminal Alien

3 Assistance Program II and Local Medical Emergency Re4 imbursement Act’’.

5 TITLE I—STATE CRIMINAL

6 ALIEN ASSISTANCE PROGRAM II

7 SEC. 101. PURPOSES.

8 The purposes of this title are—

9 (1) to assist States and local communities by

10 providing financial assistance for expenditures for il11 legal juvenile aliens, and for related costs to States

12 and units of local government that suffer a substan13 tially disproportionate share of the impact of crimi14 nal illegal aliens on their law enforcement and crimi15 nal justice systems; and

16 (2) to ensure equitable treatment for those

17 States and local governments that are affected by

18 Federal policies and strategies aimed at curbing ille19 gal immigration and criminal alien activity imple20 mented on the Southwest border of the United

21 States.

22 SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT

23 COSTS RELATING TO THE INCARCERATION

24 OF ILLEGAL ALIENS.

25 Section 501 of the Immigration Reform and Control

26 Act of 1986 (8 U.S.C. 1365) is amended—
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1 (1) in subsection (a), by striking ‘‘for’’ and all

2 that follows through ‘‘State’’ and inserting ‘‘for—

3 ‘‘(1) the costs incurred by the State for the im4 prisonment of any illegal alien or Cuban national

5 who is convicted of a felony by such State; and

6 ‘‘(2) the indirect costs related to the imprison7 ment described in paragraph (1).’’;

8 (2) by striking subsection (c) and inserting the

9 following:

10 ‘‘(c) INDIRECT COSTS DEFINED.—In subsection (a),

11 the term ‘indirect costs’ includes—

12 ‘‘(1) court costs, county attorney costs, deten13 tion costs, and criminal proceedings expenditures

14 that do not involve going to trial;

15 ‘‘(2) indigent defense; and

16 ‘‘(3) unsupervised probation costs.’’; and

17 (3) by amending subsection (d) to read as fol18 lows:

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

20 is authorized to be appropriated $200,000,000 to carry

21 out subsection (a)(2) for each of the fiscal years 2002

22 through 2005.’’.
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1 SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF IN2 CARCERATING JUVENILE ALIENS.

3 (a) IN GENERAL.—Section 501 of the Immigration

4 Reform and Control Act of 1986 (8 U.S.C. 1365), as

5 amended by section 103 of this Act, is further amended—

6 (1) in subsection (a)(1), by inserting ‘‘or illegal

7 juvenile alien who has been adjudicated delinquent

8 or committed to a juvenile correctional facility by

9 such State or locality’’ before the semicolon;

10 (2) in subsection (b), by inserting ‘‘(including

11 any juvenile alien who has been adjudicated delin12 quent or has been committed to a correctional facil13 ity)’’ before ‘‘who is in the United States unlaw14 fully’’; and

15 (3) by adding at the end the following:

16 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section,

17 the term ‘juvenile alien’ means an alien (as defined in sec18 tion 101(a)(3) of the Immigration and Nationality Act)

19 who has been adjudicated delinquent or committed to a

20 correctional facility by a State or locality as a juvenile of21 fender.’’.

22 (b) ANNUAL REPORT.—Section 332 of the Illegal Im23 migration Reform and Immigrant Responsibility Act of

24 1996 (8 U.S.C. 1366) is amended—

25 (1) by striking ‘‘and’’ at the end of paragraph

26 (3);
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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘; and’’; and

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

4 ‘‘(5) the number of illegal juvenile aliens (as de5 fined in section 501(f) of the Immigration Reform

6 and Control Act) that are committed to State or

7 local juvenile correctional facilities, including the

8 type of offense committed by each juvenile.’’.

9 (c) CONFORMING AMENDMENT.—Section

10 241(i)(3)(B) of the Immigration and Nationality Act (8

11 U.S.C. 1231(i)(3)(B)) is amended—

12 (1) by striking ‘‘or’’ at the end of clause (ii);

13 (2) by striking the period at the end of clause

14 (iii) and inserting ‘‘; or’’; and

15 (3) by adding at the end the following:

16 ‘‘(iv) is a juvenile alien with respect to

17 whom section 501 of the Immigration Re18 form and Control Act of 1986 applies.’’.

19 SEC. 105. REIMBURSEMENT OF STATES BORDERING MEX20 ICO OR CANADA.

21 Section 501 of the Immigration Reform and Control

22 Act of 1986 (8 U.S.C. 1365), as amended by sections 103

23 and 104 of this Act, is further amended by adding at the

24 end the following new subsection:
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1 ‘‘(g) MANNER OF ALLOTMENT OF REIMBURSE2 MENTS.—Reimbursements under this section shall be al3 lotted in a manner that takes into account special consid4 eration for any State that—

5 TITLE II—REIMBURSEMENT OF

6 STATES AND LOCALITIES FOR

7 EMERGENCY HEALTH SERV8 ICES TO UNDOCUMENTED

9 ALIENS

10 SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIM11 BURSEMENT OF EMERGENCY HEALTH SERV12 ICES FURNISHED TO UNDOCUMENTED

13 ALIENS

14 (a) TOTAL AMOUNT AVAILABLE FOR ALLOTMENT.—

15 To the extent of available appropriations under subsection

16 (e), there are available for allotments under this section

17 for each of fiscal years 2002 through 2005, $200,000,000

18 for payments to certain States under this section.

19 (b) STATE ALLOTMENT AMOUNT.—

20 (1) IN GENERAL.—The Secretary shall compute

21 an allotment for each fiscal year beginning with fis22 cal year 2002 and ending with fiscal year 2005 for

23 each of the 17 States with the highest number of

24 undocumented aliens. The amount of such allotment

25 for each such State for a fiscal year shall bear the
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1 same ratio to the total amount available for allot2 ments under subsection (a) for the fiscal year as the

3 ratio of the number of undocumented aliens in the

4 State in the fiscal year bears to the total of such

5 numbers for all such States for such fiscal year. The

6 amount of allotment to a State provided under this

7 paragraph for a fiscal year that is not paid out

8 under subsection (c) shall be available for payment

9 during the subsequent fiscal year.

10 (2) DETERMINATION.—For purposes of para11 graph (1), the number of undocumented aliens in a

12 State under this section shall be determined based

13 on estimates of the resident illegal alien population

14 residing in each State prepared by the Statistics Di15 vision of the Immigration and Naturalization Service

16 as of October 1992 (or as of such later date if such

17 date is at least 1 year before the beginning of the

18 fiscal year involved).

19 (c) USE OF FUNDS.—

20 (1) IN GENERAL.—From the allotments made

21 under subsection (b) for a fiscal year, the Secretary

22 shall pay to each State amounts described in a State

23 plan, submitted to the Secretary, under which the

24 amounts so allotted will be paid to local govern25 ments, hospitals, and related providers of emergency
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1 health services to undocumented aliens in a manner

2 that—

3 (A) takes into account—

4 (i) each eligible local government’s,

5 hospital’s or related provider’s payments

6 under the State plan approved under title

7 XIX of the Social Security Act for emer8 gency medical services described in section

9 1903(v)(2)(A) of such Act (42 U.S.C.

10 1396b(v)(2)(A)) for such fiscal year; or

11 (ii) an appropriate alternative proxy

12 for measuring the volume of emergency

13 health services provided to undocumented

14 aliens by eligible local governments, hos15 pitals, and related providers for such fiscal

16 year; and

17 (B) provides special consideration for local

18 governments, hospitals, and related providers

19 located in—

20 (i) a county that shares a border with

21 Mexico or Canada; or

22 (ii) an area in which a large number

23 of undocumented aliens reside relative to

24 the general population of the area.
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1 (2) SPECIAL RULES.—For purposes of this sub2 section:

3 (A) A provider shall be considered to be

4 ‘‘related’’ to a hospital to the extent that the

5 provider furnishes emergency health services to

6 an individual for whom the hospital also fur7 nishes emergency health services.

8 (B) Amounts paid under this subsection

9 shall not duplicate payments made under title

10 XIX of the Social Security Act for the provision

11 of emergency medical services described in sec12 tion 1903(v)(2)(A) of such Act (42 U.S.C.

13 1396b(v)(2)(A)).

14 (d) DEFINITIONS.—In this section:

15 (1) HOSPITAL.—The term ‘‘hospital’’ has the

16 meaning given such term in section 1861(e) of the

17 Social Security Act (42 U.S.C. 1395x(e)).

18 (2) PROVIDER.—The term ‘‘provider’’ includes

19 a physician, another health care professional, and an

20 entity that furnishes emergency ambulance services.

21 (3) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of Health and Human Services.

23 (4) STATE.—The term ‘‘State’’ means the 50

24 States and the District of Columbia.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $200,000,000 for each of fiscal years 2002 through 2005.

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