Action Alert
National Conference of State Legislatures
Office of State-Federal Relations
July 31, 2008
Byrne/JAG Reauthorization Signed by President
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Funding Gap: NCSL was part of an intensive effort to restore the funding for FY 08 Byrne/JAG funds. The Senate version of the FY 08 Wartime Supplemental Appropriations Act included a correction of the funding gap for FY 08. However, this provision was removed in the final version that the president signed. Currently, FY 08 funds remain at $170 million causing the closure and disintegration of many programs. A second stimulus package is in the works and it is possible with the broad support for Byrne/JAG to receive another chance to close the funding gap before FY 09.
Update: On June 23, 2008, the House of Representatives voted by a two-thirds majority to suspend the rules and pass H.R. 3546. H.R. 3546 will reauthorize Byrne/JAG and allocate $1.095 billion annually (FY2006 levels) through 2012. While the actual funding will still be at the discretion of the appropriations committees in both chambers, the reauthorization prevents the program from being abolished. However, H.R. 3546 will not become effective until FY2009 and still leaves a funding gap for FY08. S.231, which will also authorize the Byrne/JAG program at fiscal year 2006 levels through 2012, was unanimously passed in the U.S. Senate on May 24, 2007. S. 231 passed the house with a two-thirds majority by voice vote. S. 231 was signed by the President on July 30, 2008 and became Public Law No. 110-294.
While your congressional delegation returns to your district this August, urge them to restore state Byrne/JAG funding for FY 08. Tell them:
- State budgets are facing shortfalls for FY 08 and cannot fill the gap left by the Federal cut.
- This drastic cut in funding will result in the dissolution or zeroing out of many law enforcement and criminal justice programs. Programs which are shut down due to lack of funding cannot simply be restarted when the funding returns. There are informants, ties to the community and personnel that will be lost with the funding shortfall. As a result, programs must be rebuilt from scratch. Let your congressional delegation know which programs would be most affected in your state.
- Byrne/JAG allocations are formula-based on population and crime statistics. It differs from the COPS program because funds are not tied to traditional law enforcement purposes. Byrne/JAG dollars are used for everything from rape crisis hotlines to drug courts. Byrne/JAG allows for the most flexibility and innovation in law enforcement, unlike any other program. To see the innovative programs that Byrne/JAG is used for in your state, please review the attached list.
- Urge your members of Congress to fund Byrne/JAG in the Secondary Supplemental Appropriations Bill.
Background: The Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG) Program is the largest justice assistance grant to states. Distributed by the Department of Justice, it funds state and local government efforts in a broad range of activities including drug treatment and enforcement, criminal reentry initiatives, crime prevention, and corrections activities. It’s flexible grant purposes permit states to innovate in a wide variety of criminal justice programs, based on shifting community needs. Forty percent of Byrne/JAG funds are sent directly to local law enforcement in counties and municipalities. The remaining 60% is distributed through the state governments. Grants may be used to provide personnel, equipment, training, technical assistance, and information systems for more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of offenders who violate state and local laws. Grants also may be used to provide assistance (other than compensation) to victims of these offenders. In the Consolidated Appropriations Act of 2008 (PL 110-161), the Byrne/JAG program was cut 67% from $520 million in FY 07 to $170 million in FY 08.
For more information, please contact Susan Parnas Frederick (Susan.Frederick@ncsl.org) or Emily Taylor (Emily.Taylor@ncsl.org) at (202) 624 – 5400.
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