State Criminal Alien Assistance Program (16.606)

Program

16.606 State Criminal Alien Assistance Program

Federal Agency

Agency: Department of Justice
Office: Bureau Of Justice Assistance

Authorization

Omnibus Appropriations Act, Public Law 106-113, Division B, Section 1000(a); Immigration and Nationality Act, 8 U.S.C. 1252, Section 242 as Amended; Title II, subtitle C, Section 20301; Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322.

Program Number

16.606

Last Known Status

Active

Objectives

The State Criminal Alien Assistance Program (SCAAP) is a payment program designed to provide federal assistance to states and localities that incur costs for incarcerating undocumented criminal aliens who are being held as a result of state and/or local charges or convictions. BJA administers this program in conjunction with the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services branches.

Types of Assistance

DIRECT PAYMENTS WITH UNRESTRICTED USE

Uses and Use Restrictions

The Department of Justice Reauthorization Act of 2005 (Public Law 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." All funds must be used for correctional purposes only. To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. Once a person meets these criteria, all pre-trial and post-conviction time served may be included in the application. Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full and part-time correctional officers and others who meet the SCAAP definition. See the SCAAP Guidelines at http://www.ojp.usdoj.gov/BJA/.

Eligibility Requirements

Applicant Eligibility

Eligible applicants include States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and localities or local jurisdictions exercising authority with respect to the incarceration of an undocumented criminal alien. This covers state prison facilities (including those housing juveniles convicted as adults of felony offenses or two or more misdemeanors) and local jails, whether operated by counties or cities. Applicants are generally State and units of local government. Note: Only one application is accepted from each separate political division (i.e., State, county, city).

Beneficiary Eligibility

States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and localities or local jurisdictions.

Credentials/Documentation

Applicants who are seeking funding must complete an electronic application form via the Office of Justice Programs Grant Management System (GMS). Inmate data, including the proper inmate identifiers, will either be manually key-stroked into the on-line application system, or submitted on-line by electronically attaching the applicable portions of the applicant�s inmate databases. The authorized official certifies compliance with all SCAAP requirements, including that: the applicant has been authorized by the Chief Executive Officer of the applicable unit of government; the inmate identifiers required have been submitted to BJA in the proper format(s) for Immigration and Customs Enforcement (ICE) verification within the prescribed deadlines; all inmates counted by the applicant have been convicted of either a felony or two misdemeanor offenses under the applicant's law; and, only salary costs for corrections officers were included in the Total Salary Costs. By certifying on-line, the authorizing signing official is also assuring that all federal certifications and assurances are being met. The certification and assurance forms (Assurances, OJP Form 4000/3 and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements, OJP Form 4061/6) are provided on-line to allow applicants to review and accept them electronically. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is required. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. SCAAP applications are administered via the Office of Justice Programs Internet-based Grants Management System. Inmate data, including the proper inmate identifiers, may either be manually key-stroked into the on-line application system, or submitted on-line by electronically attaching the applicable portions of their inmate databases. Awards are announced after the ICE inmate verification process is done. Technical assistance is available to applicants for preparation of the on-line application process by calling the OJP Grants Management System Hotline at 1-888-549-9901.

Award Procedure

The final payment process requires that all applications and all data be fully processed and verified before any payments are made. Inmate data will be verified by the Immigration and Customs Enforcement. ICE will attempt to match the inmate data records provided to records in its databases to obtain the maximum number of confirmed matches. These matches are expected to include three categories: 1) those positively identified (matched) as qualifying undocumented criminal aliens; 2) those unknowns and 3) those positively identified as non criminal aliens. Applicants will be given credit for a percentage of inmates whose eligibility cannot be determined through positive identification or "match," but have valid foreign countries of birth. Payments will be based on the days of incarceration for the verified number of aliens incarcerated by each applicant. Payments are granted by the Director of the Bureau of Justice Assistance, Office of Justice Programs, Department of Justice. The payment must be accepted on-line and the acceptance will effect a simultaneous assurance of compliance with conditions. Acceptance of the payment online initiates the automatic electronic transfer of funds from OJP to the recipient.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Contact BJA.

Appeals

Not Applicable.

Renewals

If additional funding for the State Criminal Alien Assistance Program is allocated by Congress, applications can be submitted annually.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Payments are made within 90 days of application end date. See the following for information on how assistance is awarded/released: Contact BJA.

Post Assistance Requirements

Reports

No program reports are required. No cash reports are required. No progress reports are required. No expenditure reports are required. No performance monitoring is required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Recipients who expend $500,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report in accordance with OMB Circular No. A-133, as amended, and as stated in the on-line payment process. Receipt of SCAAP payments is considered in establishing the requirement for an audit under the Single Audit Act. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

Financial records, supporting documents, statistical records, a copy of the inmate records submission, and all other records pertinent to a grant shall be retained for a period of at least three (3) years following the closeout of the grant.

Program Accomplishments

Fiscal Year 2008: This program has assisted states and localities which have requested assistance in defraying the cost incurred for the imprisonment of undocumented criminal aliens, resulting in more than $4 billion in SCAAP funds being distributed to over 660 unique jurisdictions in the last 9 years. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

15-0404-0-1-754.

Obligations

(Direct Payments for Specified Use) FY 08 $775,402,370; FY 09 est $400,000,000; FY 10 est $0

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines and Literature

OJP Financial Guide and the State Criminal Alien Assistance Program Guidelines.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Linda Hammond-Deckard Bureau of Justice Assistance, 4th floor, 810 7th Street, N.W., Washington, District of Columbia 20531 Email: AskBJA@usdoj.gov Phone: (202) 616-6500 or 1-866-859-2687

Web Site Address

http://www.ojp.usdoj.gov/bja/grant/scaap.html.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.