I
107TH CONGRESS
1ST SESSION
H. R. 823
To provide Federal reimbursement for indirect costs relating to the incarcer-
ation of illegal criminal aliens and for emergency health services fur-
nished 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 En-
ergy 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘State Criminal Alien
Assistance Program II and Local Medical Emergency Re-
imbursement Act’’.
TITLE I—STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM II
SEC. 101. PURPOSES.
The purposes of this title are—
(1) to assist States and local communities by
providing financial assistance for expenditures for il-
legal juvenile aliens, and for related costs to States
and units of local government that suffer a substan-
tially disproportionate share of the impact of crimi-
nal illegal aliens on their law enforcement and crimi-
nal justice systems; and
(2) to ensure equitable treatment for those
States and local governments that are affected by
Federal policies and strategies aimed at curbing ille-
gal immigration and criminal alien activity imple-
mented on the Southwest border of the United
States.
SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT
COSTS RELATING TO THE INCARCERATION
OF ILLEGAL ALIENS.
Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365) is amended—
(1) in subsection (a), by striking ‘‘for’’ and all
that follows through ‘‘State’’ and inserting ‘‘for—
‘‘(1) the costs incurred by the State for the im-
prisonment of any illegal alien or Cuban national
who is convicted of a felony by such State; and
‘‘(2) the indirect costs related to the imprison-
ment described in paragraph (1).’’;
(2) by striking subsection (c) and inserting the
following:
‘‘(c) INDIRECT COSTS DEFINED.—In subsection (a),
the term ‘indirect costs’ includes—
‘‘(1) court costs, county attorney costs, deten-
tion costs, and criminal proceedings expenditures
that do not involve going to trial;
‘‘(2) indigent defense; and
‘‘(3) unsupervised probation costs.’’; and
(3) by amending subsection (d) to read as fol-
lows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $200,000,000 to carry
out subsection (a)(2) for each of the fiscal years 2002
through 2005.’’.
SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF IN-
CARCERATING JUVENILE ALIENS.
(a) IN GENERAL.—Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365), as
amended by section 103 of this Act, is further amended—
(1) in subsection (a)(1), by inserting ‘‘or illegal
juvenile alien who has been adjudicated delinquent
or committed to a juvenile correctional facility by
such State or locality’’ before the semicolon;
(2) in subsection (b), by inserting ‘‘(including
any juvenile alien who has been adjudicated delin-
quent or has been committed to a correctional facil-
ity)’’ before ‘‘who is in the United States unlaw-
fully’’; and
(3) by adding at the end the following:
‘‘(f) JUVENILE ALIEN DEFINED.—In this section,
the term ‘juvenile alien’ means an alien (as defined in sec-
tion 101(a)(3) of the Immigration and Nationality Act)
who has been adjudicated delinquent or committed to a
correctional facility by a State or locality as a juvenile of-
fender.’’.
(b) ANNUAL REPORT.—Section 332 of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1366) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) the number of illegal juvenile aliens (as de-
fined in section 501(f) of the Immigration Reform
and Control Act) that are committed to State or
local juvenile correctional facilities, including the
type of offense committed by each juvenile.’’.
(c) 
CONFORMING
AMENDMENT.—Section
241(i)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1231(i)(3)(B)) is amended—
(1) by striking ‘‘or’’ at the end of clause (ii);
(2) by striking the period at the end of clause
(iii) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iv) is a juvenile alien with respect to
whom section 501 of the Immigration Re-
form and Control Act of 1986 applies.’’.
SEC. 105. REIMBURSEMENT OF STATES BORDERING MEX-
ICO OR CANADA.
Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365), as amended by sections 103
and 104 of this Act, is further amended by adding at the
end the following new subsection:
‘‘(g) MANNER
OF
ALLOTMENT
OF
REIMBURSE-
MENTS.—Reimbursements under this section shall be al-
lotted in a manner that takes into account special consid-
eration for any State that—
TITLE II—REIMBURSEMENT OF
STATES AND LOCALITIES FOR
EMERGENCY HEALTH SERV-
ICES 
TO 
UNDOCUMENTED
ALIENS
SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIM-
BURSEMENT OF EMERGENCY HEALTH SERV-
ICES 
FURNISHED 
TO 
UNDOCUMENTED
ALIENS
(a) TOTAL AMOUNT AVAILABLE FOR ALLOTMENT.—
To the extent of available appropriations under subsection
(e), there are available for allotments under this section
for each of fiscal years 2002 through 2005, $200,000,000
for payments to certain States under this section.
(b) STATE ALLOTMENT AMOUNT.—
(1) IN GENERAL.—The Secretary shall compute
an allotment for each fiscal year beginning with fis-
cal year 2002 and ending with fiscal year 2005 for
each of the 17 States with the highest number of
undocumented aliens. The amount of such allotment
for each such State for a fiscal year shall bear the
same ratio to the total amount available for allot-
ments under subsection (a) for the fiscal year as the
ratio of the number of undocumented aliens in the
State in the fiscal year bears to the total of such
numbers for all such States for such fiscal year. The
amount of allotment to a State provided under this
paragraph for a fiscal year that is not paid out
under subsection (c) shall be available for payment
during the subsequent fiscal year.
(2) DETERMINATION.—For purposes of para-
graph (1), the number of undocumented aliens in a
State under this section shall be determined based
on estimates of the resident illegal alien population
residing in each State prepared by the Statistics Di-
vision of the Immigration and Naturalization Service
as of October 1992 (or as of such later date if such
date is at least 1 year before the beginning of the
fiscal year involved).
(c) USE OF FUNDS.—
(1) IN GENERAL.—From the allotments made
under subsection (b) for a fiscal year, the Secretary
shall pay to each State amounts described in a State
plan, submitted to the Secretary, under which the
amounts so allotted will be paid to local govern-
ments, hospitals, and related providers of emergency
health services to undocumented aliens in a manner
that—
(A) takes into account—
(i) each eligible local government’s,
hospital’s or related provider’s payments
under the State plan approved under title
XIX of the Social Security Act for emer-
gency medical services described in section
1903(v)(2)(A) of such Act (42 U.S.C.
1396b(v)(2)(A)) for such fiscal year; or
(ii) an appropriate alternative proxy
for measuring the volume of emergency
health services provided to undocumented
aliens by eligible local governments, hos-
pitals, and related providers for such fiscal
year; and
(B) provides special consideration for local
governments, hospitals, and related providers
located in—
(i) a county that shares a border with
Mexico or Canada; or
(ii) an area in which a large number
of undocumented aliens reside relative to
the general population of the area.
(2) SPECIAL RULES.—For purposes of this sub-
section:
(A) A provider shall be considered to be
‘‘related’’ to a hospital to the extent that the
provider furnishes emergency health services to
an individual for whom the hospital also fur-
nishes emergency health services.
(B) Amounts paid under this subsection
shall not duplicate payments made under title
XIX of the Social Security Act for the provision
of emergency medical services described in sec-
tion 1903(v)(2)(A) of such Act (42 U.S.C.
1396b(v)(2)(A)).
(d) DEFINITIONS.—In this section:
(1) HOSPITAL.—The term ‘‘hospital’’ has the
meaning given such term in section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)).
(2) PROVIDER.—The term ‘‘provider’’ includes
a physician, another health care professional, and an
entity that furnishes emergency ambulance services.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(4) STATE.—The term ‘‘State’’ means the 50
States and the District of Columbia.