Speech #1040011863

Madam President. as I outlined in a statement which accompanied amendment No. 184 when it was originally proposed. the purpose of this amendment is to deal in a fair and equitable manner with another form of unfunded mandate. That form of unfunded mandate occurs when the Federal Government has the sole. singular constitutional responsibility to carry out a function of Government and where its failure to carry out that function of Government inevitably leads to significant costs to State. local. or tribal governments. The specific function to which this amendment goes is the issue of immigration and specifically illegal Immigration. The amendment utilizes the same procedures that we have been discussing for the past several days relative to other forms of unfunded mandates. It provides that that procedure will be available in basically two categories. The first is where there is a proposal to reduce or eliminate the amount of authorization of appropriations for the control of borders by the Federal Government: that is. where there is a proposal to reduce the capacity of the Federal Government to carry out its constitutional responsibility to enforce our national borders through immigration and other border control responsibilities. Or. second. where there is a proposal to reduce or eliminate the amount of authorization for reimbursement to States. local governments. or tribal governments for the net cost associated with three categories of illegal aliens: first. criminal justice activity. second. emergency health care. and. third. education of the children of illegal aliens. There is a provision also in this amendment which states that. in order for a State. local government. or tribal government to be eligible for this. they must demonstrate that they have cooperated with the Federal Government to locate. apprehend. and deport illegal aliens. That is to say. a unit of government at the State. local. or tribal level must indicate that it has cooperated in the national effort to arrest or control this problem as a condition of being able to meet the test necessary to activate this procedure. Madam President.