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Catalog of Federal Domestic Assistance

Program Descriptions

16.606:  State Criminal Alien Assistance Program

Popular Name:  SCAAP

Objectives:  Provides Federal assistance to States and localities who request it for costs incurred for the incarceration of undocumented criminal aliens convicted of a felony offense(s) or two or more misdemeanors. Additionally, to better identify undocumented criminal aliens and to expedite the process of transferring illegal aliens from State and local correctional institutions to Federal custody in preparation for deportation.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

16.606 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:  States, DC, 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 Department of Corrections and local sheriffs or city jail administrators, pursuant to designation authority to receive the payment from the chief executive officer of the political entity, e.g., Governor, County Executive, Mayor or City Manager. Note: Only one application is accepted from each separate political division (i.e., State, county, city).

Beneficiary Eligibility:  States, DC, 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. If there are lobbying activities to disclose, applicants should request the Disclosure Form to Report Lobbying, Standard Form - LLL from the U.S. Department of Justice Response Center at 1-800-421-677; this form would then need to be filled out and returned to BJA in hardcopy.

16.606 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 that provide overnight, secured lodging (i.e., incarceration) of undocumented criminal aliens. 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 their respective State for more information on what process the State may require of those applying for assistance.

Application Procedure:  The Fiscal Year (FY) 2000 SCAAP application for payment process has been modified from previous fiscal year funding. The SCAAP cycle for FY 2000 will be administered via the Office of Justice Programs Internet-based Grants Management System. 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 on-line application process will begin in late February, 2000, and end mid-April, 2000. The INS inmate verification process will last 30 days, beginning in mid-April 2000, and ending in mid-May, 2000. Requests for Payment (RFP) and monetary drawdowns will begin in June 2000, and end no later than 90 days after the date the payment process becomes available. 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 who are positively identified (matched) as non-qualifying undocumented criminal aliens within the definitions applicable to SCAAP; and 3) those not positively identified relative to categories 1 or 2. 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.

Deadlines:  Applications are due no later than April 15, 2000.

Range of Approval/Disapproval Time:  Not applicable.

Appeals:  Not applicable.

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

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) an average length of incarceration; and, 3) the applicant's daily average cost per inmate. Total claims for all applicants will be divided into the available appropriation and each applicant will receive an equivalent percentage payout ("cents on the dollar"). Assistance is contingent on applicants meeting all of the above criteria, and there is no federal obligation until claims have been fully certified. As this amount is NOT expected to meet all claims, each applicant will receive only partial payment of their total request.

Examples of Funded Projects:  Not applicable.

Range and Average of Financial Assistance:  Not available.

16.606 RELATED PROGRAMS:

16.606 PROGRAM ACCOMPLISHMENTS:

16.606 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, DEPARTMENT OF JUSTICE

Type of Assistance:  Direct Payments with Unrestricted Use.

Obligations:  (Grants) FY 99 $1,150,650,948; FY 00 est 411,430,000; and FY 01 est $578,852,700.

Budget Account Number:  15-0404-0-1-754.

Authorization:  Omnibus Appropriations Act, Public Law 106-113, Division B, Section 1000(a) referencing HR 3421 of the 106th Congress, as introduced on November 17, 1999, appropriating funds pursuant to Section 242 of the Immigration and Nationality Act, 8 U.S.C. 1252, as amended, Title II, subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322.

Regulations, Guidelines, and Literature:  OJP Financial Guide, OMB Circular A-133, and the State Criminal Alien Assistance Program Guidance and Application Kit.

16.606 INFO 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: Maty Santonastasso, Division Director. Phone: (202) 305-2088.

(See Appendix IV for more contact info.)

16.606 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 if no data is being verified.

Uses and Use Restrictions:  There are no restrictions on or prescribed use of funds. Funds derived from these payments are available to the applicants or the applicant jurisdictions to use as they see fit, as this is essentially assistance to defray cost previously incurred by jurisdictions for the housing of undocumented criminal aliens. 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.

16.606 POST ASSISTANCE REQUIREMENTS:

Reports:  No reports are required under this payment program.

Audits:  Recipients who receive $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.

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.