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State Criminal Alien Assistance Program

SCAAP
Number: 16.606
Agency: Department of Justice
Office: Bureau of Justice Assistance

Program Information 

Program Number/Title (010):
16.606 State Criminal Alien Assistance Program
Federal Agency (030):
Bureau of Justice Assistance, Department of Justice
Authorization (040):
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.
Objectives (050):
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 convictions. The Bureau of Justice Assistance (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 (060):
Direct Payments for Specified Use
Uses and Use Restrictions (070):
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/. Funds may be used only for correctional purposes. BJA may further define the eligible uses of funds. For further information, see http://www.ojp.usdoj.gov/BJA/grant/scaap.html.
Eligibility Requirements (080)
Applicant Eligibility (081):
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 States and units of local government. Note: Only one application is accepted from each separate political division (i.e., State, county, city).
Beneficiary Eligibility (082):
States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands and localities or local jurisdictions.
Credentials/Documentation (083):
Applicants who are seeking funding must complete an electronic application form via the Office of Justice Programs Grants 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 (090)
Preapplication Coordination (091):
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 Procedures (092):
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 (093):
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 ICE, who 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 on-line initiates the automatic electronic transfer of funds from OJP to the recipient.
Deadlines (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Contact BJA.
Appeals (096):
Not Applicable.
Renewals (097):
Applications may be submitted annually, subject to availability of funding.
Assistance Consideration (100)
Formula and Matching Requirements (101):
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 (102):
SCAAP awards are usually obligated and announced by the end of September and released for drawdown by mid-October. There are no restrictions placed on the time permitted to spend the money awarded because SCAAP funds are considered no year funds. As of fiscal year 2008, SCAAP funds must be used for corrections purposes. Method of awarding/releasing assistance: lump sum.
Post Assistance Requirements (110)
Reports (111):
No reports are required.
Audits (112):
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.
Records (113):
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.
Financial Information (120)
Obligations (122):
(Direct Payments for Specified Use) FY 12 $240,000,000; FY 13 est $237,123,000; and FY 14 est $0
Range and Average of Financial Assistance (123):
Contact Bureau of Justice Assistance for funding information or see the SCAAP Guidelines at http://www.ojp.usdoj.gov/BJA/.
Program Accomplishments (130):
Not Applicable.
Regulations, Guidelines, and Literature (140):
Solicitation guidelines are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/solicitations.htm.
For additional guidance reference the Office of Justice Programs’ Financial Guide 2011 (www.ojp.usdoj.gov/financialguide/index.htm ) and Post award Instructions (www.ojp.usdoj.gov/funding/pdfs/post_award_instructions.pdf). Applicable OMB Circulars and Department of Justice regulations applicable to specific types of grantees can be found in title 28 of the Code of Federal Regulations (28 C.F.R.).
Information Contacts (150)
Regional or Local Office (151) :
None.
Headquarters Office (152):
Joseph Husted Office of Justice Programs
Bureau of Justice Assistance
810 7th Street, NW, Washington, District of Columbia 20531 Email: SCAAP@usdoj.gov Phone: 202-353-4411
Website Address (153):
http://www.bja.gov
Examples of Funded Projects (170):
Not Applicable.
Criteria for Selecting Proposals (180):
Not Applicable.