[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3013 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3013

   To amend the Balanced Budget Act of 1997 to extend and modify the 
 reimbursement of State and local funds expended for emergency health 
               services furnished to undocumented aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2002

   Mr. Kyl (for himself, Mr. McCain, Mr. Domenici, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Balanced Budget Act of 1997 to extend and modify the 
 reimbursement of State and local funds expended 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 ``Local Emergency Health Services 
Reimbursement Act of 2002''.

SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO 
              UNDOCUMENTED ALIENS.

    Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 
note) is amended to read as follows:

``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES 
              FURNISHED TO UNDOCUMENTED ALIENS.

    ``(a) Total Amount Available for Allotment.--There is appropriated, 
out of any funds in the Treasury not otherwise appropriated, 
$200,000,000 for each of fiscal years 2003 through 2007, for the 
purpose of making allotments under this section to States described in 
paragraph (1) or (2) of subsection (b).
    ``(b) State Allotments.--
            ``(1) Based on highest number of undocumented aliens.--
                    ``(A) Determination of allotments.--
                            ``(i) In general.--Out of the amount 
                        appropriated under subsection (a) for a fiscal 
                        year, the Secretary shall use $134,000,000 of 
                        such amount to compute an allotment for each 
                        such fiscal year for each of the 17 States with 
                        the highest number of undocumented aliens.
                            ``(ii) Formula.--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 this paragraph 
                        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.
                            ``(iii) Availability of funds.--The amount 
                        of an allotment provided to a State 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.
                    ``(B) Data.--For purposes of subparagraph (A), the 
                number of undocumented aliens in a State shall be 
                determined based on estimates of the resident 
                undocumented 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).
            ``(2) Based on number of undocumented alien apprehension 
        states.--
                    ``(A) In general.--Out of the amount appropriated 
                under subsection (a) for a fiscal year, the Secretary 
                shall use $66,000,000 of such amount to compute an 
                allotment for each such fiscal year for each of the 6 
                States with the highest number of undocumented alien 
                apprehensions for such fiscal year.
                    ``(B) Determination of allotments.--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 this paragraph for the fiscal year 
                as the ratio of the number of undocumented alien 
                apprehensions in the State in the fiscal year bears to 
                the total of such numbers for all such States for such 
                fiscal year.
                    ``(C) Data.--For purposes of this paragraph, the 
                highest number of undocumented alien apprehensions for 
                a fiscal year shall be based on the 4 most recent 
                quarterly apprehension rates for undocumented aliens in 
                such States, as reported by the Immigration and 
                Naturalization Service.
                    ``(D) Availability of funds.--The amount of an 
                allotment provided to a State 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.
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed as prohibiting a State that is described in both 
        of paragraphs (1) and (2) from receiving an allotment under 
        both such paragraphs for a fiscal year.
    ``(c) Use of Funds.--The Secretary shall pay, from the allotments 
made for a State under paragraphs (1) and, if applicable, (2) of 
subsection (b) for a fiscal year, to each State and directly to local 
governments, hospitals, or other providers located in the State 
(including providers of services received through an Indian Health 
Service facility whether operated by the Indian Health Service or by an 
Indian tribe or tribal organization (as defined in section 4 of the 
Indian Health Care Improvement Act)) that provide uncompensated 
emergency health services furnished to undocumented aliens during that 
fiscal year, such amounts (subject to the total amount available from 
such allotments) as the State, local governments, hospitals, or 
providers demonstrate were incurred for the provision of such services 
during that fiscal year.
    ``(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, 
        any other health care professional licensed under State law, 
        and any other entity that furnishes emergency health services, 
        including 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) Entitlement.--This section constitutes budget authority in 
advance of appropriations Acts and represents the obligation of the 
Federal Government to provide for the payment of amounts provided under 
this section.''.
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