[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1224 Introduced in House (IH)]

  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 
 ineligible 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 jurisdiction 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 Representatives 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 
                            assistance 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 ASSIST IN BORDER 
              PROTECTION ACTIVITIES.

    (a) Assignment of Members to Other Agencies.--Section 375 of title 
10, United States Code, is amended--
            (1) by striking out ``The Secretary'' and inserting in lieu 
        thereof ``(a) Restriction.--Except as provided in subsection 
        (b), the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) Direct Participation Authorized for Border 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 provided under this subsection shall be specified in 
agreements entered into between the Secretary of Defense and the head 
of the Federal law enforcement agency concerned.
    ``(2) A member of the armed forces assigned to a law enforcement 
agency under paragraph (1) may directly participate 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 authorize the member's 
        participation; and
            ``(B) the Secretary of Defense certifies to the head of the 
        Federal law enforcement agency concerned that the member has 
        satisfactorily completed a course of study regarding the 
        methods and techniques required to properly exercise such law 
        enforcement activities.''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 375. Restriction on direct participation by military personnel; 
              exception for border protection
    (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 FAMILIES 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 following:
            ``(B) provide that, notwithstanding subparagraph (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 Nationality 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 active 
                        duty for training) in the Armed Forces of the 
                        United States, or
                            ``(III) is the spouse or unmarried 
                        dependent 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 occurs 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 amendments 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 Security 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 SUPPLEMENTAL 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 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;
            ``(C) the alien has been granted asylum under section 208 
        of the Immigration and Nationality Act, and the 6-year period 
        that begins with the date the alien was so granted asylum has 
        not expired; or
            ``(D) 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 active duty 
                for training) in the Armed Forces of the United States, 
                or
                    ``(iii) is the spouse or unmarried dependent child 
                of an individual described in clause (i) or (ii).''.
    (b) Effective Dates.--
            (1) General effective date.--Except as provided in 
        paragraph (2), the amendment 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 occurs later, and shall apply to payments for months 
        beginning on or after such date, without regard to whether or 
        not regulations to carry out such amendment have been 
        promulgated by such date.
            (2) Special effective date.--If an alien has applied for 
        and is eligible for supplemental security income benefits under 
        title XVI of the Social Security Act immediately before the 
        amendments made by subsection (a) take effect in accordance 
        with paragraph (1), then such amendment shall not be effective 
        with respect to such alien until October 1, 1996.

SEC. 203. DISQUALIFICATION OF CERTAIN ALIENS TO RECEIVE FOOD STAMP 
              BENEFITS.

    (a) Amendment.--Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 
2015) is amended by adding at the end the following:
    ``(i) An alien who is otherwise eligible to participate in the food 
stamp program shall not be eligible to participate in the food stamp 
program unless--
            ``(1) 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;
            ``(2) 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;
            ``(3) the alien has been granted asylum under section 208 
        of the Immigration and Nationality Act, and the 6-year period 
        that begins with the date the alien was so granted asylum has 
        not expired; or
            ``(4) the alien--
                    ``(A) is a veteran (as defined in section 101 of 
                title 38, United States Code) with a discharge 
                characterized as an honorable discharge,
                    ``(B) is on active duty (other than active duty for 
                training) in the Armed Forces of the United States, or
                    ``(C) is the spouse or unmarried dependent child of 
                an individual described in subparagraph (A) or (B).''.
    (b) Effective Dates and Application of Amendment.--
            (1) General effective date.--Except as provided in 
        paragraphs (2) and (3), the amendment 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 occurs later.
            (2) Special effective date.--Except as provided in 
        paragraph (3), if an alien is participating in the food stamp 
        program immediately before the amendment made by subsection (a) 
        takes effect in accordance with paragraph (1), then such 
        amendment shall not be effective with respect to such alien 
        until October 1, 1996.
            (3) Application to certification periods.--The amendment 
        made by subsection (a) shall not apply with respect to an alien 
        for certification periods beginning before the date such 
        amendment is effective with respect to such alien.

SEC. 204. CERTAIN ALIENS INELIGIBLE FOR MEDICAL ASSISTANCE UNDER 
              MEDICAID.

    (a) In General.--Section 1903(v) (42 U.S.C. 1396b(v)(1)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraphs (2) and (4)'', and
                    (B) by striking ``who is not lawfully admitted'' 
                and all that follows and inserting a period;
            (2) in paragraph (2), by striking ``described in paragraph 
        (1)''; and
            (3) by adding at the end the following new paragraph:
    ``(4) The limitation on payments provided under paragraph (1) shall 
not apply with respect to medical assistance furnished to an alien--
            ``(A) who has been lawfully admitted to the United States 
        for permanent residence, is 75 years of age or older, and has 
        resided in the United States for at least 5 years;
            ``(B) who has been lawfully admitted to the United States 
        pursuant to section 207 of the Immigration and Nationality Act, 
        during the 6-year period beginning on the date such alien was 
        so admitted to the United States;
            ``(C) who has been granted asylum under section 208 of the 
        Immigration and Nationality Act, during the 6-year period 
        beginning on the date the alien was so granted asylum; or
            ``(D) 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 active duty 
                for training) in the Armed Forces of the United States, 
                or
                    ``(iii) is the spouse or unmarried dependent child 
                of an individual described in clause (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 occurs later, and shall apply to medical assistance 
        furnished to an alien during quarters beginning on or after 
        such date, without regard to whether or not regulations to 
        carry out such amendments have been promulgated by such date.
            (2) Special effective date.--If an alien is eligible for 
        medical assistance under a State plan under title XIX of the 
        Social Security Act immediately before the amendments made by 
        subsection (a) take effect in accordance with paragraph (1), 
        then such amendments shall not be effective with respect to 
        such alien until October 1, 1996.

            Subtitle B--Other Provisions Relating to Aliens

SEC. 211. SPONSOR RESPONSIBILITY FOR COSTS OF INCOME-BASED CASH PUBLIC 
              ASSISTANCE PROVIDED TO AN ALIEN.

    An affidavit of support or similar document of financial 
responsibility with respect to the admission into the United States of 
an alien under the Immigration and Nationality Act shall provide that 
the sponsor shall be liable for any costs incurred by any State or a 
political subdivision of a State for income-based cash public 
assistance provided to such alien until the date on which the alien 
becomes a citizen of the United States.

SEC. 212. ENFORCEMENT OF AFFIDAVITS OF SUPPORT OR FINANCIAL 
              RESPONSIBILITY BY STATE AND LOCAL GOVERNMENTS PROVIDING 
              ASSISTANCE.

    An affidavit of support or document of financial responsibility 
referred to in section 711 may be enforced with respect to an alien 
against the alien's sponsor in a civil suit brought by the Attorney 
General or a State or political subdivision of a State in the United 
States district court for the district in which the sponsor resides for 
the recovery of any costs incurred by any State or political 
subdivision of a State for income-based cash public assistance provided 
to such alien for which the sponsor agreed to be liable under such an 
affidavit or document. A sponsor or the sponsor's estate shall not be 
liable under such an affidavit or document if the sponsor dies or is 
adjudicated a bankrupt under title 11, United States Code.

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.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, a State or local government may prohibit or 
otherwise limit or restrict the eligibility of aliens or classes of 
aliens for programs of income-based cash public assistance furnished 
under the law of the State or a political subdivision of a State.
    (b) Limitation.--The authority under subsection (a) may be 
exercised only to the extent that any prohibitions, limitations, or 
restrictions are not inconsistent with the eligibility requirements for 
comparable Federal programs or are less restrictive. For the purposes 
of this section, attribution to an alien of a sponsor's income and 
resources for purposes of determining the eligibility for and amount of 
benefits of an alien shall be considered less restrictive than a 
prohibition of eligibility.
    (c) Verification of Status.--Notwithstanding any other provision of 
law, pursuant to the authority of subsection (a) a State or local 
government may verify the citizenship or alien status of any individual 
for purposes of eligibility for any program of 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.

    (a) In General.--
            (1) Eligible states.--Except as otherwise provided in this 
        section, a State shall be entitled to a grant under this 
        section for a fiscal year on the basis of the number of lawful 
        aliens residing in the State for the preceding fiscal year as 
        determined by the Attorney General under paragraph (2). Grants 
        under this section shall be used in accordance with subsection 
        (d).
            (2) Allocation of funds.--The amount appropriated under 
        subsection (b) shall be allocated among the eligible States by 
        allocating to each such State an amount which bears the same 
        ratio to such amount as the number of lawful aliens residing in 
        the eligible State for the preceding fiscal year bears to the 
        number of such aliens residing in all eligible States for such 
        fiscal year.
            (3) Determination of number of lawful resident aliens.--For 
        purposes of this section, the Attorney General shall determine 
        the number of lawful aliens residing in each State on the basis 
        of the most recent satisfactory data available from the 
        Immigration and Naturalization Service. The Commissioner of 
        Immigration and Naturalization shall collect and transmit, in a 
        timely fashion, the information required by this section to the 
        Attorney General.
            (4) Definition.--For purposes of this section--
                    (A) the term ``State'' includes the District of 
                Columbia; and
                    (B) the term ``lawful alien'' means an alien who is 
                lawfully residing in the United States under the 
                immigration laws of the United States at the time such 
                alien is counted for purposes of this section.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000,000 for each of the fiscal years 1997, 1998, 
1999, and 2000 to carry out this section.
    (c) Duration of Assistance.--During the period beginning October 1, 
1996, and ending September 30, 2000, the Attorney General shall, in 
accordance with the provisions of this section, make payments to States 
for grants made on the basis of entitlements created under this 
section.
    (d) Use of Funds.--Amounts made available to the States through 
grants under this section may be obligated and expended only for 
services and activities for, or related to, aliens for any of the 
following purposes:
            (1) Provision of, or reimbursement for, healthcare for the 
        needy.
            (2) Elementary and secondary education.
            (3) State and local assistance to the Border Patrol.
            (4) Facilities for the temporary incarceration of aliens 
        not lawfully present in the United States.
            (5) State and local assistance in the deportation of 
        aliens.
            (6) Citizenship programs for aliens lawfully admitted for 
        permanent residence.
            (7) Assistance to State and local law enforcement for 
        enforcement of the immigration laws of the United States.
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HR 1224 IH----2