State Criminal Alien Assistance Program (16.606)
Program
16.606 State Criminal Alien Assistance Program
Federal Agency
OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, DEPARTMENT OF JUSTICE
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) provides Federal assistance to states and units of local government incurring costs of incarcerating illegal aliens convicted of one felony or two misdemeanor offenses and to expedite the transfer of custody for certain deportable aliens.
Types of Assistance
Direct Payments with Unrestricted Use.
Uses and Use Restrictions
Funds are based on information regarding alien prisoner population; aliens housed for a minimum of four consecutive days. Funds need not be used for correctional purposes or even criminal justice purposes, but may revert to the State or county general fund. This is governed by state law or is at the option of the chief executive officer of the applicant jurisdiction. All that BJA requires is the expeditious draw-down of the payment funds, retention of records for the required audit period (3 years), and information necessary to allow the orderly closeout of the payment, if requested by the grantor agency.
Eligibility Requirements
Applicant Eligibility
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 would cover 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's 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 their inmate databases. The authorized official certifies compliance with all SCAAP requirements, including that: the applicant has been designated by the Chief Executive Officer of the applicable unit of government to be the recipient of the federal payment; the inmate identifiers required have been submitted to BJA in the proper format(s) for Immigration and Naturalization Services (INS) 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 calculations underlying the average inmate cost per year figures. 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.
Application and Award Process
Preapplication Coordination
No formal preapplication coordination is required. While informal preapplication coordination is not required, it is encouraged that applicants coordinate with any facilities for which they have responsibility to detain or incarcerate undocumented criminal aliens. This program is excluded from coverage under E.O. 12372 "Intergovernmental Review of Federal Programs."
Application Procedure
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. For fiscal year 2003, applications will be accepted between April 14 and June 6, 2003. Awards were announced after INS 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 Naturalization Service (INS). INS 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 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 will be accepted on-line and the acceptance will effect a simultaneous assurance of compliance with conditions. Acceptance of payment online initiates the automatic transfer of funds from OJP to the recipient.
Deadlines
Fiscal year 2003 application period closes June 6, 2003. Fiscal year 2003 payments are to begin by the end of August 2003.
Range of Approval/Disapproval Time
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. Payments are based on the verified number of aliens incarcerated by each applicant and cost considerations which are used to determine relative percentage of total funding each applicant is eligible to receive.
Length and Time Phasing of Assistance
Payments are made within 90 days of application end date.
Post Assistance Requirements
Reports
No reports are required under this payment program.
Audits
Recipients who expend $300,000 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 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $300,000 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 years following the closeout of the grant.
Program Accomplishments
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.
Financial Information
Account Identification
15-0404-0-1-754.
Obligations
(Grants) FY 02 $563,757,000; FY 03 est $565,000,000; and FY 04 est $250,000,000.
Range and Average of Financial Assistance
Not available.
Regulations, Guidelines and Literature
OJP Financial Guide and the State Criminal Alien Assistance Program Guidelines.
Related Programs
None.
Information Contacts
Regional or Local Office
None.
Headquarters Office
State Criminal Alien Assistance Program, Office of Justice Programs, Bureau of Justice Assistance, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531. Contact: Division Director. Telephone: (202)616-3176.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Awards will be made on a pro rata share of the average costs of incarceration of a prisoner in the relevant state or locality for verified criminal aliens, based on three factors: 1) the applicant's number of qualifying undocumented criminal aliens; 2) total days for qualifying undocumented criminal aliens; 3) the total salary cost for the applicant jurisdiction; and (4) the ratio of criminal aliens' days to total population days. Total data for all applicants will be divided into the available appropriation and each applicant will receive a payment based on ("cents on the dollar"). Assistance is contingent on applicants meeting all of the above criteria, and there is no Federal obligation until all payment claims have been calculated.
