II

106TH CONGRESS

1ST SESSION S. 1709

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

undocumented aliens.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7, 1999

Mr. KYL (for himself, Mr. MCCAIN, Mrs. HUTCHISON, Mr. DOMENICI, Mr.

BINGAMAN, and Mrs. FEINSTEIN) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To provide Federal reimbursement for indirect costs relating

to the incarceration of illegal 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,

3 SECTION 1. SHORT TITLE.

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

5 Assistance Program II and Local Medical Emergency Re6 imbursement Act’’.
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1 TITLE I—STATE CRIMINAL

2 ALIEN ASSISTANCE PROGRAM II

3 SEC. 101. SHORT TITLE.

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

5 Assistance Program II Act of 1999’’.

6 SEC. 102. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) Federal policies and strategies aimed at

10 curbing illegal immigration and criminal alien activ11 ity implemented along our Nation’s southwest border

12 influence the number of crossings, especially their lo13 cation.

14 (2) States and local governments were reim15 bursed approximately 60 percent of the costs of the

16 incarceration of criminal aliens in fiscal year 1996

17 when only 90 jurisdictions applied for such reim18 bursement. In subsequent years, the number of local

19 jurisdictions receiving reimbursement has increased.

20 For fiscal year 1999, 280 local jurisdictions applied,

21 and reimbursement amounted to only 40 percent of

22 the costs incurred by those jurisdictions.

23 (3) Certain counties, often with a small tax24 payer base, located on or near the border across

25 from sometimes highly populated areas of Mexico,
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1 suffer a substantially disproportionate share of the

2 impact of criminal illegal aliens on its law enforce3 ment and criminal justice systems.

4 (4) A University of Arizona study released in

5 January 1998 reported that at least 2 of the 4 coun6 ties located on Arizona’s border of Mexico, Santa

7 Cruz and Cochise Counties, are burdened with this

8 problem—

9 (A) for example, in 1998, Santa Cruz

10 County had 12.7 percent of Arizona’s border

11 population but 50 percent of alien crossings and

12 32.5 percent of illegal alien apprehensions;

13 (B) for fiscal year 1998, it is estimated

14 that, of its total criminal justice budget of

15 5,000,000 ($5,033,000), Santa Cruz County

16 spent $1,900,000 (39 percent) to process crimi17 nal illegal aliens, of which over half was not re18 imbursed by Federal monies; and

19 (C) Santa Cruz County has not obtained

20 relief from this burden, despite repeated ap21 peals to Federal and State officials.

22 (5) In the State of Texas, the border counties

23 of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val

24 Verde, and Webb bore the unreimbursed costs of ap25 prehension, prosecution, indigent defense, and other
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1 related services for criminal aliens who served more

2 than 142,000 days in county jails.

3 (6) Throughout Texas nonborder counties bore

4 similar unreimbursed costs for apprehension, pros5 ecution, indigent defense, and other related services

6 for criminal aliens who served more than 1,000,000

7 days in county jails.

8 (7) The State of Texas has incurred substantial

9 additional unreimbursed costs for State law enforce10 ment efforts made necessary by the presence of

11 criminal illegal aliens.

12 (8) The Federal Government should reimburse

13 States and units of local government for the related

14 costs incurred by the State for the imprisonment of

15 any illegal alien.

16 (b) PURPOSE.—The purpose of this title is—

17 (1) to assist States and local communities by

18 providing financial assistance for expenditures for il19 legal juvenile aliens, and for related costs to States

20 and units of local government that suffer a substan21 tially disproportionate share of the impact of crimi22 nal illegal aliens on their law enforcement and crimi23 nal justice systems; and

24 (2) to ensure equitable treatment for those

25 States and local governments that are affected by
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1 Federal policies and strategies aimed at curbing ille2 gal immigration and criminal alien activity imple3 mented on the southwest border.

4 SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT

5 COSTS RELATING TO THE INCARCERATION

6 OF ILLEGAL ALIENS.

7 Section 501 of the Immigration Reform and Control

8 Act of 1986 (8 U.S.C. 1365) is amended—

9 (1) in subsection (a), by striking ‘‘for’’ and all

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

11 ‘‘(1) the costs incurred by the State for the im12 prisonment of any illegal alien or Cuban national

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

14 ‘‘(2) the indirect costs related to the imprison15 ment described in paragraph (1).’’;

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

17 following:

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

19 the term ‘indirect costs’ includes—

20 ‘‘(1) court costs, county attorney costs, and

21 criminal proceedings expenditures that do not in22 volve going to trial;

23 ‘‘(2) indigent defense; and

24 ‘‘(3) unsupervised probation costs.’’; and
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1 (3) by amending subsection (d) to read as fol2 lows:

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

4 are authorized to be appropriated $200,000,000 to carry

5 out subsection (a)(2) for each of the fiscal years 2001

6 through 2004.’’.

7 SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF IN8 CARCERATING JUVENILE ALIENS.

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

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

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

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

13 juvenile alien who has been adjudicated delinquent

14 or committed to a juvenile correctional facility by

15 such State or locality’’ before the semicolon;

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

17 any juvenile alien who has been adjudicated delin18 quent or has been committed to a correctional facil19 ity)’’ before ‘‘who is in the United States unlaw20 fully’’; and

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

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

23 the term ‘juvenile alien’ means an alien (as defined in sec24 tion 101(a)(3) of the Immigration and Nationality Act)

25 who has been adjudicated delinquent or committed to a
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1 correctional facility by a State or locality as a juvenile of2 fender.’’.

3 (b) ANNUAL REPORT.—Section 332 of the Illegal Im4 migration Reform and Immigrant Responsibility Act of

5 1996 (8 U.S.C. 1366) is amended—

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

7 (3);

8 (2) by striking the period at the end of para9 graph (4) and inserting ‘‘; and’’; and

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

11 ‘‘(5) the number of illegal juvenile aliens (as de12 fined in section 501(f) of the Immigration Reform

13 and Control Act) that are committed to State or

14 local juvenile correctional facilities, including the

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

16 (c) CONFORMING AMENDMENT.—Section

17 241(i)(3)(B) of the Immigration and Nationality Act (8

18 U.S.C. 1231(i)(3)(B)) is amended—

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

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

21 (iii) and inserting ‘‘; or’’; and

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

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

24 whom section 501 of the Immigration Re25 form and Control Act of 1986 applies.’’.
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1 SEC. 105. REIMBURSEMENT OF STATES BORDERING

2 MEXICO OR CANADA.

3 Section 501 of the Immigration Reform and Control

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

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

6 end the following new subsection:

7 ‘‘(g) MANNER OF ALLOTMENT OF REIMBURSE8 MENTS.—Reimbursements under this section shall be al9 lotted in a manner that takes into account special consid10 eration for any State that—

11 ‘‘(1) shares a border with Mexico or Canada; or

12 ‘‘(2) includes within the State an area in which

13 a large number of undocumented aliens reside rel14 ative to the general population of the area.’’.

15 TITLE II—REIMBURSEMENT OF

16 STATES AND LOCALITIES FOR

17 EMERGENCY HEALTH SERV18 ICES TO UNDOCUMENTED

19 ALIENS

20 SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIM21 BURSEMENT OF EMERGENCY HEALTH SERV22 ICES FURNISHED TO UNDOCUMENTED

23 ALIENS

24 (a) TOTAL AMOUNT AVAILABLE FOR ALLOTMENT.—

25 To the extent of available appropriations under subsection

26 (e), there are available for allotments under this section
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1 for each of fiscal years 2002 through 2005, $200,000,000

2 for payments to certain States under this section.

3 (b) STATE ALLOTMENT AMOUNT.—

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

5 an allotment for each fiscal year beginning with fis6 cal year 2001 and ending with fiscal year 2004 for

7 each of the 17 States with the highest number of

8 undocumented aliens. The amount of such allotment

9 for each such State for a fiscal year shall bear the

10 same ratio to the total amount available for allot11 ments under subsection (a) for the fiscal year as the

12 ratio of the number of undocumented aliens in the

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

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

15 amount of allotment to a State provided under this

16 paragraph for a fiscal year that is not paid out

17 under subsection (c) shall be available for payment

18 during the subsequent fiscal year.

19 (2) DETERMINATION.—For purposes of para20 graph (1), the number of undocumented aliens in a

21 State under this section shall be determined based

22 on estimates of the resident illegal alien population

23 residing in each State prepared by the Statistics Di24 vision of the Immigration and Naturalization Service

25 as of October 1992 (or as of such later date if such
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1 date is at least 1 year before the beginning of the

2 fiscal year involved).

3 (c) USE OF FUNDS.—

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

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

6 shall pay to each State amounts described in a State

7 plan, submitted to the Secretary, under which the

8 amounts so allotted will be paid to local govern9 ments, hospitals, and related providers of emergency

10 health services to undocumented aliens in a manner

11 that—

12 (A) takes into account—

13 (i) each eligible local government’s,

14 hospital’s or related provider’s payments

15 under the State plan approved under title

16 XIX of the Social Security Act for emer17 gency medical services described in section

18 1903(v)(2)(A) of such Act (42 U.S.C.

19 1396b(v)(2)(A)) for such fiscal year; or

20 (ii) an appropriate alternative proxy

21 for measuring the volume of emergency

22 health services provided to undocumented

23 aliens by eligible local governments, hos24 pitals, and related providers for such fiscal

25 year; and
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1 (B) provides special consideration for local

2 governments, hospitals, and related providers

3 located in—

4 (i) a county that shares a border with

5 Mexico or Canada; or

6 (ii) an area in which a large number

7 of undocumented aliens reside relative to

8 the general population of the area.

9 (2) SPECIAL RULES.—For purposes of this sub10 section:

11 (A) A provider shall be considered to be

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

13 provider furnishes emergency health services to

14 an individual for whom the hospital also fur15 nishes emergency health services.

16 (B) Amounts paid under this subsection

17 shall not duplicate payments made under title

18 XIX of the Social Security Act for the provision

19 of emergency medical services described in sec20 tion 1903(v)(2)(A) of such Act (42 U.S.C.

21 1396b(v)(2)(A)).

22 (d) DEFINITIONS.—In this section:

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

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

25 Social Security Act (42 U.S.C. 1395x(e)).
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1 (2) PROVIDER.—The term ‘‘provider’’ includes

2 a physician, another health care professional, and an

3 entity that furnishes emergency ambulance services.

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

5 the Secretary of Health and Human Services.

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

7 States and the District of Columbia.

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $200,000,000 for each of fiscal years 2001 through 2005.

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