PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. (a) Modification of Authority.— (1) In general.— Section 241(i), as redesignated by section 306(a)(1) of this division, is amended— (A) in paragraph (3)(A), by striking “felony and sentenced to a term of imprisonment” and inserting “felony or two or more misdemeanors”, and (B) by adding at the end the following new paragraph: “(6) To the extent of available appropriations, funds otherwise made available under this section with respect to a State (or political subdivision, including a municipality) for incarceration of an undocumented criminal alien may, at the discretion of the recipient of the funds, be used for the costs of imprisonment of such alien in a State, local, or municipal prison or jail.”. (2) Effective date.— The amendment made by paragraph (1) shall apply beginning with fiscal year 1997. (b) Sense of the Congress With Respect to Program.— (1) Findings.— The Congress finds as follows: (A) Of the $130,000,000 appropriated in fiscal year 1995 for the State Criminal Alien Assistance Program, the Department of Justice disbursed the first $43,000,000 to States on October 6, 1994, 32 days before the 1994 general election, and then failed to disburse the remaining 87,000,000 until January 31, 1996, 123 days after the end of fiscal year 1995. 110 STAT. 3009–631 (B) While H.R. 2880, the continuing appropriation measure funding certain operations of the Federal Government from January 26, 1996 to March 15, 1996, included $66,000,000 to reimburse States for the cost of incarcerating documented illegal immigrant felons, the Department of Justice failed to disburse any of the funds to the States during the period of the continuing appropriation. (2) Sense of the congress.— It is the sense of the Congress that— (A) the Department of Justice was disturbingly slow in disbursing fiscal year 1995 funds under the State Criminal Alien Assistance Program to States after the initial grants were released just prior to the 1994 election; and (B) the Attorney General should make it a high priority to expedite the disbursement of Federal funds intended to reimburse States for the cost of incarcerating illegal immigrants, aiming for all State Criminal Alien Assistance Program funds to be disbursed during the fiscal year for which they are appropriated.