[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 823 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 Reimbursement 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 illegal juvenile
aliens, and for related costs to States and units of local
government that suffer a substantially disproportionate share
of the impact of criminal illegal aliens on their law
enforcement and criminal 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 illegal immigration and criminal
alien activity implemented 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 imprisonment
of any illegal alien or Cuban national who is convicted of a
felony by such State; and
``(2) the indirect costs related to the imprisonment
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, detention 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 follows:
``(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 INCARCERATING 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 delinquent or has been
committed to a correctional facility)'' before ``who is in the
United States unlawfully''; 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 section 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 offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration 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 paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the number of illegal juvenile aliens (as defined 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 Reform and
Control Act of 1986 applies.''.
SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO 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 Reimbursements.--Reimbursements under
this section shall be allotted in a manner that takes into account
special consideration for any State that--
TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH
SERVICES TO UNDOCUMENTED ALIENS
SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF
EMERGENCY HEALTH SERVICES 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 fiscal 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 allotments 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 paragraph (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 Division 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
governments, 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 emergency 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, hospitals, 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 subsection:
(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 furnishes
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 section 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2002 through 2005.
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