[Congressional Record Volume 154, Number 16 (Thursday, January 31, 2008)]
[Senate]
[Pages S547-S550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Mrs. Boxer, Mr. 
        Kyl, Mr. Schumer, Mr. Cornyn, Mr. Durbin, Mr. McCain, Mr. 
        Bingaman, Mr. Craig, Ms. Cantwell, Mr. Domenici and Mr Crapo):
  S. 2587. A bill to amend the Immigration and Nationality Act to 
provide for compensation to States incarcerating undocumented aliens 
charged with a felony or 2 or more misdemeanors; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today Senator Hutchison and I are 
introducing two bills that will significantly alleviate the burden of 
illegal immigration on State and local governments: the SCAAP 
Reimbursement Protection Act of 2008 and the Ensure Timely SCAAP 
Reimbursement Act. We are joined by Senators Boxer, Kyl, Schumer, 
Cornyn, Durbin, McCain, Bingaman, Craig, Cantwell, Domenici, and Crapo.
  These bills will amend the State Criminal Alien Assistance Program, 
SCAAP, statute to ensure that states and localities receive more 
funding for costs associated with incarcerating criminal aliens, and 
that these reimbursements are given out in a timely manner.
  The cost of incarcerating criminal aliens is high. In California 
alone, the State spent more than $900 million in 2007 to house over 
20,000 criminal aliens.
  Congress enacted SCAAP in 1994 to help reimburse States and 
localities for the cost of arrest, incarceration, and transportation of 
these aliens.
  However, in 2003, the Department of Justice, DOJ, reinterpreted the 
statute. Now States are only reimbursed for what they spend 
incarcerating convicted criminal aliens and only when the arrest and 
conviction occur in the same fiscal year.
  The DOJ reinterpretation has significantly cut the reimbursement 
local governments are eligible to receive for incarcerating and 
processing illegal aliens.
  This reinterpretation is even more devastating because SCAAP is 
consistently under-funded. The President has zeroed out SCAAP funding 
in his budget proposal over the past 6 years. Through bi-partisan 
support, Congress was only able to partially fund the program.
  As a result, SCAAP only reimburses States for a fraction of the costs 
of incarcerating criminal aliens. For example, in fiscal year 2007, 
SCAAP reimbursed only $109.5 million of the more than $912.5 million 
spent by the California Department of Corrections that year. That means 
the State paid $803 million of its own funds to house criminal aliens.
  This cut has had a domino effect on public safety funding. Every 
dollar less that SCAAP reimburses States means a dollar less to spend 
on critical public safety services. For example, after the SCAAP 
funding cuts in 2003, the Los Angeles County Sheriff's Department 
implemented an ``early release'' policy for prisoners convicted of 
misdemeanors.
  I believe it is the Federal Government's responsibility to control 
illegal immigration. The funding cuts imposed by this administration 
have let our local public safety services down, and have made our 
communities less safe.
  The SCAAP Reimbursement Protection Act of 2008 would restore the 
original intent of SCAAP so that States are reimbursed for the costs of 
incarcerating aliens who are either charged with or convicted of a 
felony or two misdemeanors. States would also be reimbursed regardless 
of the fiscal year of the incarceration and conviction.
  This bill has been endorsed by the National Sheriffs' Associate, 
California State Association of Counties, CSAC, the U.S./Mexico Border 
Counties Coalition, the Virginia Sheriffs' Association, the Los Angeles 
County Sheriff Lee

[[Page S550]]

Baca, and the Sheriffs' Association of Texas.
  Our colleagues on the House Judiciary Committee unanimously passed a 
companion bill, H.R. 1512, and I urge you to do the same.
  Another problem with SCAAP is the significant delay in reimbursement. 
Recently, State and county governments that foot the bill for holding 
criminal aliens between July 2004 and June 2005 had to wait until June 
21, 2007, before they were reimbursed.
  For example, Los Angeles County, San Bernardino County, and Riverside 
County waited 2 years to receive their reimbursement--totaling $85.9 
million. While they were waiting, public safety offices had to cut back 
on critical services. This delay is worse when one considers that even 
when localities receive the federal funds, they are only reimbursed for 
pennies on every dollar spent.
  Delays place unreasonable budgetary burdens on States, counties, and 
municipalities that already shoulder most of the costs of housing 
criminal aliens.
  California is not alone. Every other State depends on these funds to 
perform what is ultimately a federal responsibility--to control illegal 
immigration and its effects in our communities. These delays affect 
every State.
  The Ensure Timely SCARP Reimbursement Act would help ease this burden 
on States and localities by requiring the Justice Department to 
disburse funds within 6 months of the application deadline.
  I ask my colleagues to join me in supporting these much needed 
amendments to the SCAAP statute. Mr. President, I ask unanimous consent 
that the text of these two bills be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2587

       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 ``SCAAP Reimbursement 
     Protection Act of 2008''.

     SEC. 2. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED 
                   ALIENS CHARGED WITH CERTAIN CRIMES.

       Section 241(i)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged 
     with or'' before ``convicted''.
                                  ____


                                S. 2588

       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 ``Ensure Timely SCAAP 
     Reimbursement Act''.

     SEC. 2. DISTRIBUTION OF SCAAP COMPENSATION.

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended by adding at the end the 
     following:
       ``(7) Any funds awarded to a State or a political 
     subdivision of a State, including a municipality, for a 
     fiscal year under this subsection shall be distributed to 
     such State or political subdivision not later than 120 days 
     after the last day of the application period for assistance 
     under this subsection for that fiscal year.''.

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