[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 169 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 169

  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 SENATE OF THE UNITED STATES

                            January 24, 2001

 Mr. Kyl (for himself, Mr. McCain, Mrs. Hutchison, Mr. Domenici, Mrs. 
Feinstein, Mr. Bingaman, and Mrs. Boxer) 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 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. SHORT TITLE.

    This Act may be cited as the ``State Criminal Alien Assistance 
Program II Act of 2001''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Federal policies and strategies aimed at curbing 
        illegal immigration and criminal alien activity implemented 
        along our Nation's southwest border influence the number of 
        crossings, especially their location.
            (2) States and local governments were reimbursed 
        approximately 60 percent of the costs of the incarceration of 
        criminal aliens in fiscal year 1996 when only 90 jurisdictions 
        applied for such reimbursement. In subsequent years, the number 
        of local jurisdictions receiving reimbursement has increased. 
        For fiscal year 2000, approximately 360 local jurisdictions 
        applied, and reimbursement amounted to only 40 percent of the 
        costs incurred by those jurisdictions.
            (3) Certain counties, often with a small taxpayer base, 
        located on or near the border across from sometimes highly 
        populated areas of Mexico, suffer a substantially 
        disproportionate share of the impact of criminal illegal aliens 
        on its law enforcement and criminal justice systems.
            (4) A University of Arizona/U.S.-Mexico Border Counties 
        Coalition study released in November 2000 reported that the 4 
        counties located on Arizona's border of Mexico, Pima, Yuma, 
        Santa Cruz, and Cochise Counties, are burdened with this 
        problem--
                    (A) for example, in 1999, Arizona's four border 
                counties' combined population was 1.1 million, or 17.5 
                percent of the total population along the U.S.-Mexico 
                border, but accounted for 11 percent of alien crossings 
                and nearly 40 percent of illegal alien apprehensions 
                along the border; Santa Cruz County had 43 percent of 
                alien crossings and 16.3 percent of illegal 
                apprehensions in the State of Arizona and Cochise 
                County had 21 percent of alien crossings and 56 percent 
                of illegal apprehensions in the State of Arizona.
                    (B) for fiscal year 1999, it is estimated that, of 
                its total criminal justice budget of $6,000,000, Santa 
                Cruz County spent $1,978,863 (33 percent) to process 
                criminal illegal aliens, of which over half was not 
                reimbursed by Federal monies; and of Cochise County's 
                total law enforcement and criminal justice budget of 
                $14.2 million, Cochise County spent an estimated $4.6 
                million (32 percent) to apprehend and process criminal 
                illegal aliens, of which over half was not reimbursed 
                by Federal monies; and
                    (C) Santa Cruz County and Cochise County have not 
                obtained relief from this burden, despite repeated 
                appeals to Federal and State officials.
            (5) In the State of Texas, the border counties of Cameron, 
        Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the 
        unreimbursed costs of apprehension, prosecution, indigent 
        defense, and other related services for criminal aliens who 
        served more than 142,000 days in county jails.
            (6) Throughout Texas nonborder counties bore similar 
        unreimbursed costs for apprehension, prosecution, indigent 
        defense, and other related services for criminal aliens who 
        served more than 1,000,000 days in county jails.
            (7) The State of Texas has incurred substantial additional 
        unreimbursed costs for State law enforcement efforts made 
        necessary by the presence of criminal illegal aliens.
            (8) The Federal Government should reimburse States and 
        units of local government for the related costs incurred by the 
        State for the imprisonment of any illegal alien.
    (b) Purpose.--The purpose of this title is--
            (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--
            ``(1) shares a border with Mexico or Canada; or
            ``(2) includes within the State an area in which a large 
        number of undocumented aliens reside relative to the general 
        population of the area.''.

 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 is authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2002 through 2005.
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