State Criminal Alien Assistance Program

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.

Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.

Website Address

http://www.bja.gov




Program Accomplishments

Not Applicable.

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/.

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

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 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

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 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 2 CFR 200, Subpart E - Cost Principles.

Aplication 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 Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 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 Procedures

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

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

Authorization

Omnibus Appropriations Act, Public Law 106-113, Division B, Section 1000(a); and an act appropriating funds for the Department of Justice in the current fiscal year.

Range of Approval/Disapproval Time

Contact BJA.

Appeals

Not Applicable.

Renewals

Applications may be submitted annually, subject to availability of funding.

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

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. Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. Jurisdictions receiving SCAAP awards will be asked to report the projected use of these funds at the time the award is accepted. See the following for information on how assistance is awarded/released: SCAAP payments are calculated simultaneously, with applicants receiving a prorated payment based on the appropriation; costs submitted, and inmates as determined by DHS. All SCAAP payments are made electronically to the applicant's bank account of record identified during the application process. Please use the jurisdiction's EIN (tax identification) and vendor number when applying for SCAAP funds. Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant?s bank account of record. Applicants have 45 calendar days to accept awards through GMS once notice is provided. SCAAP payments must go to the jurisdictions? general fund.

Post Assistance Requirements

Reports

No reports are required.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 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 $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

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.

Financial Information

Account Identification

15-0404-0-1-754.

Obigations

(Direct Payments for Specified Use) FY 16 $189,408,372; FY 17 est $210,000,000; and FY 18 Estimate Not Available

Range and Average of Financial Assistance

Contact Bureau of Justice Assistance for funding information or see the SCAAP Guidelines at https://www.bja.gov/ProgramDetails.aspx?Program_ID=86.

Regulations, Guidelines, and Literature

Solicitation guidelines are posted on the Office of Justice Programs web site at https://ojp.gov/funding/Explore/CurrentFundingOpportunities.htm . For additional guidance reference the Department of Justice Grants Financial Guide (https://ojp.gov/financialguide/DOJ/index.htm) and Post award Instructions (https://ojp.gov/financialguide/DOJ/PostawardRequirements/index.htm). Applicable administrative requirements and Department of Justice regulations applicable to specific types of grantees can be found in title 2 of the Code of Federal Regulations (2 C.F.R.).

Information Contacts

Regional or Local Office

None.

Headquarters Office

Joseph Husted U.S. Department of Justice 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

Criteria for Selecting Proposals

Not Applicable.



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Edited by: Michael Saunders

© 2004-2019 Copyright Michael Saunders