[Congressional Record Volume 147, Number 64 (Thursday, May 10, 2001)]
[Senate]
[Pages S4832-S4835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kyl, Mr. Graham, Mr. Reid, 
        Mr. Bingaman, Mr. Kerry, and Mr. McCain):
  S. 862. A bill to amend the Immigration and Nationality Act to 
authorize appropriations for fiscal years 2002 through 2006 to carry 
out the State Criminal Alien Assistance Program; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the ``State 
Criminal Alien Assistance Program Reauthorization Act of 2001,'' 
bipartisan legislation that would authorize funds to relieve State and 
county governments of the some of the high costs of incarcerating 
persons who enter this country illegally and are later convicted of 
felonies or multiple misdemeanors. I am pleased to be joined in 
introducing this bill by Senators Jon Kyl, Bob Graham, John McCain, 
Harry Reid, Jeff Bingaman, and John Kerry.
  The broad principle on which this bill is based is simple: the 
control of illegal immigration is a Federal responsibility. The Federal 
government's failure to control illegal immigration, and the financial 
and human consequences of this failure are, thus, Federal 
responsibilities as well.
  More and more, the fiscal consequences of illegal immigration are 
being dealt to the states and local counties. The ``State Criminal 
Alien Assistance Program Reauthorization Act of 2001'' would properly 
vest the fiscal burden of incarcerating illegal immigrants who commit 
crimes with the Federal government. It would do this by authorizing up 
to $750 million for federal reimbursement to the States and county 
governments for the direct costs associated with incarcerating 
undocumented felons.
  At the initiative of my colleague from Florida, Senator Bob Graham, 
the Federal government took the first steps in 1994 in addressing these 
costs by authorizing reimbursements to State and local governments 
through the State Criminal Alien Assistance Program, SCAAP, established 
by the Violent Crime and Law Enforcement Act of 1994. Since 1997, the 
authorization level for SCAAP has been $650 million. Last year, the 
provision authorizing SCAAP funding through the Violent Crime Reduction 
Trust Fund expired. Enactment of the reauthorization legislation would 
constitute an acknowledgment that these costs, though borne by other 
levels of government, remain the Federal government's obligation.
  Winning enactment of this authorization bill is half of what Congress 
needs to do to provide adequate funding to states and counties for this 
important program. Congress also must appropriate an adequate level of 
funding for SCAAP, and my colleagues and I will be working in the 
Appropriations Committee to assure that this is done.
  This bill would help all states that are experiencing increasing 
costs from incarcerating undocumented felons, both low-impact and high-
impact states. Even in historically low impact states and counties 
SCAAP funding has been on the rise. SCAAP funding to Fairfax County, 
Virginia, for example, has risen from $14,906 in FY 1999 to $2 million 
in FY 2000. In the County of Outgamie, Wisconsin, SCAAP funding has 
jumped from $0 in FY 1999 to $548,458 in FY 2000. In the State of 
Mississippi, SCAAP funding rose from $47,171 in FY 1999 to $$780,795 in 
FY 2000.
  Clearly, these numbers suggest that the increasing costs to states 
and local governments for incarcerating criminal aliens is not just a 
problem for States on the southwest border but, rather, it is a 
nationwide problem.
  High impact States, like California, continue to face extraordinary 
criminal alien incarceration costs. In February 1997, there were 17,904 
undocumented felons in the California correctional system with 
Immigration and Naturalization Service holds. By the end of February 
2001, there were 20,937 illegal alien inmates in the system with INS 
holds. This year, California taxpayers can expect to spend $576.1 
million to pay for what is, indeed, a Federal obligation. In fact, 
1995, the first year in which SCAAP funding was awarded, California has 
spent a total of $3.8 billion in costs directly associated with 
incarcerating undocumented criminal aliens.
  Local counties often shoulder a disproportional share of the burden 
of criminal aliens as well. In California, for example, counties are 
responsible for providing local law enforcement, detention, 
prosecution, probation and indigent defense services. While SCAAP only 
reimburses a portion of the costs directly related to the incarceration 
of undocumented criminal aliens, most other indirect criminal justice 
expenditures, are fully borne by County taxpayers.
  Furthermore, while funding levels for SCAAP has remained about the 
same, the number of local governments applying for the awards has 
greatly increased over the past few years. In fiscal year 1996, local 
governments were reimbursed at a rate of approximately 60 percent for 
the costs of incarcerating criminal aliens convicted of a felony or two 
or more misdemeanors when only 90 jurisdictions applied for such 
reimbursement. For fiscal year 2000, 361 local jurisdictions applied 
for SCAAP funding, and reimbursement amounted to less than 40 percent 
of the costs incurred by these jurisdictions.
  SCAAP funding is especially important to Los Angeles County, which 
has a larger undocumented immigrant population than any single state 
except California, and operates the nation's largest local criminal 
justice system. Los Angeles County also has a violent crime rate which 
is far higher than the national average, and accounts for about one out 
of every 16 violent crimes committed in the United States.
  A recent study conducted by the Los Angeles County Sheriff's 
Department concluded that 23 percent of the County's inmate population 
consisted of criminal aliens in 2000. The study further found that the 
impact of criminal aliens on the criminal justice system in Los Angeles 
County had doubled from approximately $75 million in 1990 to more than 
$150 million in 1999.

[[Page S4833]]

  There are numerous other jurisdictions in California that are 
significantly affected by criminal aliens, including the border 
counties of San Diego and Imperial. Like Los Angeles County, these 
counties are not being adequately reimbursed for the costs associated 
with the incarceration of criminal aliens.
  In FY 1999 San Diego and Imperial counties spent a combined $56 
million on law enforcement and indirect costs involving illegal aliens, 
whether criminal or not. These costs include criminal alien 
incarceration, justice and court costs, emergency medical care, 
autopsies, and burials of indigents. SCAAP compensated these counties 
for only $8 million or 15 percent of these costs which went solely to 
the cost of incarcerating criminal aliens.
  Border counties, however, are taking a hit in other areas: San Diego, 
has to spend 7 percent of its total public safety budget to cover other 
costs, including indigent defense, court and emergency medical costs; 
Imperial County expends 16 percent of its public safety budget to cover 
these costs.
  The structure of public financing in California makes it extremely 
difficult for local governments, especially county governments, to 
increase their sources of revenue. This problem is greatly exacerbated 
when they are also forced to pay for costs related to the Federal 
responsibility of controlling illegal immigration.
  Without the ability to raise taxes in any significant way to deal 
with the costs associated with criminal illegal aliens, counties are 
forced to cut back on other expenditures that would otherwise benefit 
the legal resident population.
  It is unfortunate, that at a time when Congress is concerned about 
unfunded mandates, the Administration has seen fit to proposed cutting 
SCAAP funding by almost $300 million for fiscal year 2002. Given the 
increasing numbers of illegal aliens that California and other states 
incarcerate each year, the Administration's decision in this regard is 
perplexing.
  If the Administration has its way, States and local counties would 
face an unfair set of choices with real consequences: either cut other 
essential local law enforcement programs and community services, or 
raise local taxes. Neither of these are acceptable options.
  I am pleased that this legislation has the support of such 
organizations as the National Association of Counties and the 
California Correctional Peace Officers Association. I ask for unanimous 
consent that their letters in support of this measure be printed in the 
Record.
  I also ask unanimous consent that the letter to President Bush, 
signed by a bipartisan group of Senators, expressing concern about the 
proposed cuts in SCAAP funding and the text of the bill be printed into 
the Record.
  I join my colleagues in introducing the SCAAP reauthorization bill 
today in hopes that it will go further to alleviate some of the fiscal 
hardships States and local counties incur when they must take on a 
Federal responsibility. I look forward to working with my colleagues to 
move it through the Senate.
  There being no objection, the material was ordered to be printed in 
the Record, as follows;

                                 S. 862

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Criminal Alien 
     Assistance Program Reauthorization Act of 2001''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2002 
                   THROUGH 2006.

       Section 241(i)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1251(i)(5)) is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) $750,000,000 for each of fiscal years 2002 through 
     2006.''.
                                  ____



                                                  U.S. Senate,

                                      Washington, DC, May 8, 2001.
     Hon. George W. Bush, 
     President of the United States, The White House, Washington, 
         DC.
       Dear Mr. President: We write out of deep concern over your 
     Fiscal Year 2002 Budget proposal to cut funding for the State 
     Criminal Alien Assistance Program (SCAAP) by nearly 50 
     percent. We ask that you reconsider this recommendation and, 
     instead, at a minimum, support funding this program at $750 
     million. SCAAP is a vitally important program that assists 
     states in recovering the costs associated with the 
     incarceration of criminal aliens. We would strongly oppose 
     cuts in this important program.
       As you are well aware, control of our nation's borders is 
     under the exclusive jurisdiction of the Federal government. 
     Unfortunately, Federal efforts are often not adequate to 
     combat illegal immigration. As a consequence, such high 
     impact states as California, Arizona, New Mexico, Texas, 
     Florida, New York, Washington, Nevada and Massachusetts 
     continue to face extraordinary costs associated with 
     incarcerating criminal aliens. Much of these costs are borne 
     by counties, some of which are among the poorest in the 
     nation and traditionally operate with slim budgets and 
     staffing.
       By some estimates, the total annual cost to states and 
     county governments exceeds $1.6 billion. In light of this 
     growing burden, your FY 02 budget proposal inexplicably 
     recommends cutting funding for this urgently needed program 
     by $300 million.
       Unless the Administration supports and Congress 
     appropriates sufficient funds for SCAAP, our state and local 
     governments will continue to unfairly shoulder the burden of 
     bearing the costs of a Federal responsibility. Given the 
     upward trend in incarceration costs, any shortfall in SCAAP 
     funding would force states to draw funds away from other, 
     cash-strapped crime control and prevention programs. In 
     short, the impact on the states would be devastating.
       Therefore, we urge you to support funding for this 
     important program at a level of $750 million.
           Sincerely,
     Dianne Feinstein.
     Bob Graham.
     Jon Kyl.
     Harry Reid.
                                  ____



                             National Association of Counties,

                                      Washington, DC, May 1, 2001.
     Hon. George W. Bush,
     The President, The White House, Washington, DC.
       Dear Mr. President: The National Association of counties 
     strongly supports the State Criminal Alien Assistance program 
     (SCAAP) at least at its full authorization level. However, we 
     believe the program needs to be funded at a much higher level 
     than proposed, in order to address the serious shortfall in 
     meeting costs to counties.
       As of today, SCAAP only reimburses counties at a rate of 40 
     percent of actual expenses. To truly meet our annual costs 
     for the incarceration of alien undocumented criminals, this 
     considerable increase in funding would be needed. Moreover, 
     due to recent changes in the administration of the program, 
     significant costs such as inmate recreation and drug 
     treatment expenses are no longer recognized.
       While immigration policy is solemnly within federal 
     responsibility, many of the expenses associated with it 
     burden counties and state governments. Costs of providing 
     services for undocumented aliens extend to county hospitals 
     and county health departments and county human service 
     agencies. With the upward trend in incarceration costs, 
     counties depend even more on federal programs such as SCAAP 
     since most of our local correctional agencies are at or near 
     capacity.
       We strongly urge you to fund SCAAP at least at its full 
     authorization level.
           Sincerely,
                                                   Larry E. Naake,
     Executive Director.
                                  ____



                             Pinellas County Sheriff's Office,

                                        Largo, FL, April 27, 2001.
     Senator Bob Graham,
     Senate Hart Building,
     Washington, DC.
       Dear Mr. President: We write to you in response to your 
     Fiscal Year 2002 budget proposal to cut funding for the state 
     Criminal Alien Assistance Program (SCAAP) by more than 50 
     percent. We urge you not to reduce the program but rather 
     secure funding at a minimum of the current appropriation 
     level. As of today, SCAAP only partly reimburses the actual 
     expenses borne by state and local governments. To truly meet 
     our annual costs for the incarceration of alien undocumented 
     criminals, a considerable increase in the funding would be 
     needed. Due to recent changes in the administration of the 
     program, significant costs such as inmate recreation and drug 
     treatment expenses are no longer recognized.
       While immigration policy is solemnly within federal 
     responsibility, many of the expenses associated with it 
     burden local jurisdictions. Costs of providing services for 
     undocumented aliens extend to the municipal police, local 
     hospitals and health care department. With the upward trend 
     in incarceration costs, counties depend even more on federal 
     programs such as SCAAP since any undocumented alien caught 
     committing a state felony or several misdemeanors enters the 
     state or county criminal justice system.
       We strongly ask you to reconsider your proposed cuts for 
     SCAAP and instead secure financial assistance for the states 
     and counties.
           Sincerely,
                                                  Everett S. Rice,
                                                          Sheriff.

[[Page S4834]]

     
                                  ____
                              Collier County Sheriff's Office,

                                       Naples, FL, April 27, 2001.
     Re State Criminal Alien Assistance Program (SCAAP).

     President George W. Bush,
     The White House,
     Washington, DC.
       Dear Mr. President: We write to you in response to your 
     Fiscal Year 2002 budget proposal to cut funding for the State 
     Criminal Alien Assistance Program (SCAAP) by more than 50 
     percent. We urge you not to reduce the program but rather 
     secure funding at a minimum of the current appropriation 
     level. As of today, SCAAP only partially reimburses the 
     actual expenses borne by state and local governments. To 
     truly meet our annual costs for the incarceration of alien 
     undocumented criminals, a considerable increase in the 
     funding would be needed. Due to recent changes in the 
     administration of the program, significant costs such as 
     inmate recreation and drug treatment expenses are no longer 
     recognized.
       While immigration policy is solemnly within federal 
     responsibility, many of the expenses associated with it 
     burden local jurisdictions. Costs of providing services for 
     undocumented aliens extend to local law enforcement agencies, 
     local hospitals, and health care departments. With the upward 
     trend in incarcerations costs, counties depend even more on 
     federal programs such as SCAAP since any undocumented alien 
     caught committing a state felony or several misdemeanors 
     enters the state or county criminal justice system.
       We strongly urge you to reconsider your proposed cuts for 
     SCAAP and instead secure financial assistance for the states 
     and counties.
           Sincerely,
                                                       Don Hunter,
     Sheriff.
                                  ____



                         Hillsborough County Sheriff's Office,

                                           Tampa, FL, May 2, 2001.
     Hon. Bob Graham,
     U.S. Senate,
     Washington, DC.
       Dear Senator Graham: Enclosed is the original and a copy of 
     my letter to President Bush regarding the State Criminal 
     Alien Assistance Program. I appreciate the pro active stance 
     that you have taken to counter the proposed funding cut.
       We have examined Senate Bill 169 and do not feel that it is 
     a reasonable alternative. Each county and state, regardless 
     of its geographic location, should have equal opportunity to 
     apply for reimbursement using the same formula and criteria.
       The other questions that you posed regarding the efficiency 
     and effectiveness of the current SCAAP program are on point, 
     but we do not have supporting statistics or documentation 
     readily available. I would simply suggest that adequate 
     funding for the program in its current form is of greatest 
     importance.
       Thank you again for taking the lead to protect the SCAAP 
     program.
           Sincerely,
                                                    Cal Henderson,
     Sheriff.
                                  ____

                                           California Correctional


                                   Peace Officers Association,

                                      Sacramento, CA, May 9, 2001.
     Hon. Dianne Feinstein,
     Senate Hart Building,
     Washington, DC.
       Dear Senator Feinstein: I am writing on behalf of the 
     California Correctional Peace Officers Association (CCPOA), 
     representing approximately 28,000 correctional officers and 
     parole agents in the State of California, to express our 
     strong support for legislation you plan to introduce to 
     reauthorize the State Criminal Alien Assistance Program 
     (SCAAP).
       It is our understanding that your bill would reauthorize 
     the SCAAP program at an increased level of $750,000,000 for 
     fiscal years 2002 through 2006. As you know, this program 
     reimburses state and local governments for the costs of 
     incarcerating criminal aliens. This program pays for the 
     incarceration costs of criminals who have illegally entered 
     or stayed in our country, have committed at least one felony 
     or two misdemeanor crimes while in this country, and are 
     serving time in local jails or state prisons. SCAAP 
     recognizes that the federal government has sole jurisdiction 
     over preventing illegal immigration and should be accountable 
     for the consequences of illegal immigration. States and 
     counties should not have to bear the financial consequences 
     of the federal government's failure to prevent illegal 
     immigration.
       CCPOA was disappointed that the President's $265 million in 
     funding for this program, a decrease of $299 million from 
     last year, because ``SCAAP reimburses a relatively small 
     portion of states incarceration costs and contributes little 
     to reducing violent crime.'' SCAAP does only reimburse a 
     small portion of states' incarceration costs, which is 
     exactly why appropriations for this program need to be 
     increased, not decreased. The program was never intended to 
     reduce violent crime. It was intended, and has succeeded, in 
     allowing state and local resources to be used on state and 
     local crime issues, rather than federal responsibilities.
       Again, CCPOA commends you for your leadership in this area. 
     Please contact our Washington representative, Shannon Lahey 
     if we can be of any assistance to you in securing the passage 
     of this important legislation.
           Sincerely,
                                                     Mike Jimenez,
     Executive Vice President.
                                  ____



                             National Association of Counties,

                                      Washington, DC, May 9, 2001.
     Hon. Diane Feinstein,
     U.S. Senate, Washington, DC.
       Dear Senator Feinstein: I understand you will be 
     introducing legislation tomorrow that will raise the SCAAP 
     authorization level to $750 million annually. The National 
     Association of Counties (NACo) wishes to go on record in 
     support of your legislation.
       NACo recognizes that securing the nation's border from 
     illegal immigration is clearly the responsibility of the 
     federal government and that Congress should fully reimburse 
     counties for the costs of incarcerating undocumented aliens.
       We look forward to working with you on this issue.
           Sincerely,
                                                   Larry E. Naake,
                                               Executive Director.

  Mr. GRAHAM. Mr. President, I rise today, with my colleagues Senators 
Feinstein, Kyl, and others, to reauthorize the State Criminal Alien 
Assistance Program, or SCAAP.
  SCAAP was created as part of the 1994 Violent Crime Control and Law 
Enforcement Act because the federal government recognized the 
responsibility we have to alleviate the impact of immigration policy on 
state and local governments.
  The federal government has sole jurisdiction over national 
immigration policy, and we should do all possible so that our federal 
decisions and actions do not cause a financial burden on states and 
localities.
  SCAAP is a reimbursement program that sends dollars to our counties 
and states to help offset the costs associated with jailing illegal or 
criminal aliens.
  SCAAP also established and now facilitates a process to better 
identify undocumented criminal aliens and to expedite the transfer of 
illegal aliens from state facilities and county jails to federal 
institutions in preparation for deportation, or other federal 
proceedings.
  Thus, I was greatly concerned looking through the President's budget 
that this program was cut by more than 50 percent this year.
  At the moment, SCAAP only provides reimbursement for about 37 cents 
of every dollar a state spends on criminal aliens.
  We barely cover half the costs as is, and this is before the program 
was cut in half in this most recent budget.
  For FY99, state and local governments incurred $1.5 billion in costs 
associated with criminal aliens which were eligible for reimbursement 
under the SCAAP program. In FY98, costs to state and local governments 
were even higher: $1.7 billion. This past year, $1.6 billion was spent 
by state and local governments on these concerns. Yet, we funded the 
program at $585 million in each of those years.
  It's not as much reimbursement as is needed, but the reimbursement 
gives an appropriate and respectful amount of relief to state and local 
law enforcement budgets for the benefits they are providing to the 
federal government.
  The National Governors Association has the reauthorization of this 
program as one of their top priorities for this year. I am certain that 
they also join me in asking that the program at least maintain funding 
levels of last year, if not a funding increase that will get them a 
more fair reimbursement for the dollars they spend.
  The National Association of Counties supports reauthorization and 
full funding of SCAAP.
  They make the point that state and local taxpayers should not have to 
bear the costs of criminal aliens. They are a federal responsibility, 
and should be transferred to federal custody in an expeditious manner.
  Last year, every state, and more than 220 local governments received 
reimbursement under SCAAP.
  This affects us all. I do not want to see the federal government 
backtrack on our obligation to state and local governments in the area 
of immigration.
  Lastly, statements in the President's budget about this program 
concern me.
  Two reasons were given for the cut of $299 million which this program 
endured.
  The first was that it ``reimburses a relatively small portion of 
states' incarceration costs.''

[[Page S4835]]

  This statement is true. As I've said, it only reimburses state or 
local governments about 37 cents of each dollar they spend on illegal 
immigrants and criminal aliens.
  However, this is no reason to further cut the program! If anything, 
if we agree on the premise that immigration policy is a federal 
responsibility, then it is reason to fully fund the program.
  I have never seen a rationale given where there is clear federal 
jurisdiction, like in this case, that specifically says: we can only 
reimburse states a small portion of what we owe them, so let's cut the 
program in half. I fail to see how this accomplishes the most effective 
public policy.
  The second reason that is given for the program cut is that it has 
contributed ``little to reducing violent crime.''
  Again--on it's face--this statement may be true, although I have not 
been able to obtain any supporting documentation that verifies it. But, 
regardless, that was never the Congressional intent of the program.
  The intent of the program, clearly spelled out in the 1994 Crime 
bill, was to reimburse state, and later on through amendments in 1996, 
local governments for the costs they incur because of federal 
immigration policy. And, secondly, to expedite the transfer of criminal 
aliens from the state and local facilities where they may be originally 
held, into the federal system. I would argue that this, in and of 
itself, does reduce crime.
  But I find it unfair that a program should be penalized with a 50 
percent budget cut because it failed to achieve a goal that was never 
intended for the program.
  Whichever side of the immigration debate you may be on--a more 
expansive immigration policy, or a more restrictive immigration 
policy--if you agree with the premise that immigration is the 
responsibility of and obligation of the federal government--then you 
should join us in our efforts to reauthorize and fully fund the SCAAP 
program.
  I commend my colleagues, especially Senator Feinstein and Senator 
Kyl, for their tireless work on this issue. I look forward to seeing 
the program reauthorized and funded at an appropriate level this 
Congress.
  Mr. McCAIN. Mr. President, I am pleased to join my distinguished 
colleagues in introducing this important legislation to reauthorize the 
State Criminal Alien Assistance Program, SCAAP. Our bill will provide a 
higher level of federal reimbursement to states and localities across 
America whose budgets are disproportionately affected by the costs 
associated with illegal immigration.
  The premise of our bill, and of current law governing this type of 
federal reimbursement to the states, is that controlling illegal 
immigration is principally the responsibility of the federal 
government, not the states. Local jurisdictions in many areas of our 
country, and especially along the southwest border, are burdened by the 
excessive costs of incarcerating criminal illegal aliens and providing 
emergency medical care to illegal immigrants. In a typical year, the 
federal government reimburses states and localities for less than 40 
percent of these costs.
  Regrettably, the Bush Administration's proposed FY 2002 budget would 
slash SCAAP funding by 50 percent from its current, already-
insufficient level of $575 million. The National Governors' Association 
and the National Association of Counties, whose members deal with the 
problem of illegal immigration on a daily basis, believe we should 
increase, not cut, funding for this program, and I agree. SCAAP money 
flows to all 50 states and 350 local governments, with more applying 
for this assistance every year. Rather than forcing local residents to 
subsidize local jails and hospitals because of our government's failure 
to adequately reimburse them for illegal alien incarceration and 
medical costs, I hope we will take responsibility as a nation for 
protecting our borders and covering the contingencies that arise at the 
local level when we fail to do so.
  The State Criminal Alien Assistance Program is an important 
expression of our government's commitment to border control, and to the 
quality of life of Americans who suffer the costs of illegal 
immigration. I thank my colleagues for considering the merits of our 
bill.
                                 ______