< Back to H.R. 823 (107th Congress, 2001–2002)

Text of the State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act

This bill was introduced on March 1, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 1, 2001 (Introduced).

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HR 823 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.