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 ineli-
gible 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 juris-
diction 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Border Integrity Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents of
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 assist-
ance 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.
TITLE I—ASSISTANCE OF THE ARMED FORCES
IN BORDER PROTECTION ACTIVITIES
SEC. 101. USE OF MEMBERS OF THE ARMED FORCES TO AS-
SIST IN BORDER PROTECTION ACTIVITIES.
(a) ASSIGNMENT OF MEMBERS TO OTHER AGEN-
CIES.—Section 375 of title 10, United States Code, is
amended—
(1) by striking out ‘‘The Secretary’’ and insert-
ing in lieu thereof ‘‘(a) RESTRICTION.—Except as
provided in subsection (b), the Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DIRECT PARTICIPATION AUTHORIZED FOR BOR-
DER PROTECTION.—(1) Notwithstanding section 1385 of
title 18 (popularly known as the ‘‘Posse Comitatus Act’’),
upon the request of the head of a Federal law enforcement
agency, the Secretary of Defense may assign members of
the Army, Navy, Air Force, and Marine Corps to assist
that agency in the enforcement of laws listed in section
374(b)(4)(A) of this title in border areas of the United
States. The location and scope of the assistance to be pro-
vided under this subsection shall be specified in agree-
ments entered into between the Secretary of Defense and
the head of the Federal law enforcement agency con-
cerned.
‘‘(2) A member of the armed forces assigned to a law
enforcement agency under paragraph (1) may directly par-
ticipate in searches, seizures, arrests, or other similar law
enforcement activities during the assignment if—
‘‘(A) the Secretary of Defense and the head of
the Federal law enforcement agency concerned au-
thorize the member’s participation; and
‘‘(B) the Secretary of Defense certifies to the
head of the Federal law enforcement agency con-
cerned that the member has satisfactorily completed
a course of study regarding the methods and tech-
niques required to properly exercise such law en-
forcement activities.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 375. Restriction on direct participation by military
personnel; exception for border protec-
tion
(2) The item relating to such section in the table of
sections at the beginning of chapter 18 of title 10, United
States Code, is amended to read as follows:
‘‘375. Restriction on direct participation by military personnel; exception for
border protection.’’.
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 FAMI-
LIES WITH DEPENDENT CHILDREN.
(a) IN GENERAL.—Section 402(a)(33) (42 U.S.C.
602(a)) is amended—
(1) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(33)’’;
(3) by adding ‘‘and’’ at the end; and
(4) by adding after and below the end the fol-
lowing:
‘‘(B) provide that, notwithstanding subpara-
graph (A), an alien shall not be eligible for aid
under the State plan, unless—
‘‘(i) the alien has been lawfully admitted to
the United States for permanent residence, has
attained 75 years of age, and has resided in the
United States for at least 5 years;
‘‘(ii) the alien has been lawfully admitted
to the United States pursuant to section 207 of
the Immigration and Nationality Act, and the
6-year period that begins with the date the
alien was admitted to the United States has not
expired;
‘‘(iii) the alien has been granted asylum
under section 208 of the Immigration and Na-
tionality Act, and the 6-year period that begins
with the date the alien was so granted asylum
has not expired; or
‘‘(iv) the alien—
‘‘(I) is a veteran (as defined in section
101 of title 38, United States Code) with
a discharge characterized as an honorable
discharge,
‘‘(II) is on active duty (other than ac-
tive duty for training) in the Armed Forces
of the United States, or
‘‘(III) is the spouse or unmarried de-
pendent child of an individual described in
subclause (I) or (II).’’.
(b) EFFECTIVE DATES.—
(1) GENERAL
EFFECTIVE
DATE.—Except as
provided in paragraph (2), the amendments made by
subsection (a) shall take effect on October 1, 1995,
or on the first day of the first month beginning after
the date of the enactment of this Act, whichever oc-
curs later, and shall apply to payments under part
A of title IV of the Social Security Act for quarters
beginning on or after such date, without regard to
whether or not regulations to carry out such amend-
ments have been promulgated by such date.
(2) SPECIAL EFFECTIVE DATE.—If an alien has
applied for and is eligible for aid under a State plan
approved under part A of title IV of the Social Secu-
rity Act, immediately before the amendments made
by subsection (a) takes effect in accordance with
paragraph (1), then such amendments shall not be
effective with respect to such alien until October 1,
1996.
SEC. 202. CERTAIN ALIENS INELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME BENEFITS.
(a) IN
GENERAL.—Section 1614(a) (42 U.S.C.
1382c(a)) is amended by adding at the end the following:
‘‘(5) Notwithstanding any other provision of this title,
an alien shall not be eligible for benefits under this title
unless—
‘‘(A) the alien has been lawfully admitted to the
United States for permanent residence, has attained
75 years of age, and has resided in the United
States for at least 5 years;
‘‘(B) the alien has been lawfully admitted to the
United States pursuant to section 207 of the Immi-