An amendment numbered 9 printed in House Report 109-236 to reauthorize the State Criminal Alien Assistance Program (SCAAP) through FY2011 and would increase authorized funding to $750 million for FY06, $850 million for FY07, and $950 million for FY08-11; specifies that funds "may be used only for correctional purposes." Amendment also requires the Department of Justice Inspector General submit a report on the state and local governments that receive SCAAP funding and whether they are cooperating with efforts to deport criminal aliens, whether they have policies in violation of current law, and in the case of illegal aliens released without being referred to the Department of Homeland Security, the number of subsequent offense committed and how many of these aliens were released because the state or local governments lack space or funds to detain them.

1. Adds SEC. __. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM at the end of title III

   Adds a section

   Inserted: SEC. __. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

   Inserted: (a) Authorization of Appropriations.--Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by striking "appropriated" and all that follows through the period and inserting the following: "appropriated to carry out this subsection--

   Inserted: "(A) such sums as may be necessary for fiscal year 2005;

   Inserted: "(B) $750,000,000 for fiscal year 2006;

   Inserted: "(C) $850,000,000 for fiscal year 2007; and

   Inserted: "(D) $950,000,000 for each of the fiscal years 2008 through 2011.".

   Inserted: (b) Limitation on Use of Funds.--Section 241(i)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to read as follows:

   Inserted: "(6) 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.".

   Inserted: (c) Study and Report on State and Local Assistance in Incarcerating Undocumented Criminal Aliens.--

   Inserted: (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the United States Department of Justice shall perform a study, and report to the Committee on the Judiciary of the United States House of Representatives and the Committee on the Judiciary of the United States Senate on the following:

   Inserted: (A) Whether there are States, or political subdivisions of a State, that have received compensation under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and are not fully cooperating in the Department of Homeland Security's efforts to remove from the United States undocumented criminal aliens (as defined in paragraph (3) of such section).

   Inserted: (B) Whether there are States, or political subdivisions of a State, that have received compensation under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and that have in effect a policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).

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   Inserted: (C) The number of criminal offenses that have been committed by aliens unlawfully present in the United States after having been apprehended by States or local law enforcement officials for a criminal offense and subsequently being released without being referred to the Department of Homeland Security for removal from the United States.

   Inserted: (D) The number of aliens described in subparagraph (C) who were released because the State or political subdivision lacked space or funds for detention of the alien.

   Inserted: (2) Identification.--In the report submitted under paragraph (1), the Inspector General of the United States Department of Justice--

   Inserted: (A) shall include a list identifying each State or political subdivision of a State that is determined to be described in subparagraph (A) or (B) of paragraph (1); and

   Inserted: (B) shall include a copy of any written policy determined to be described in subparagraph (B).

   Original wording

   At the end of title III, add the following (and amend the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed