The Adam Walsh Act is an "Unfunded Mandate," but, will the states lose any federal funding for not enacting AWA?

Has anyone wondered why ALL of Congress is not screaming about funding the Adam Walsh Act? NOTE: In 2008 the Justice Policy Institute estimated what it would cost each state to implment AWA -v- What the state would lose for not implmenting AWA.

12-9-2009 National:

The answer is simple, NO, states will not lose a dime for not enacting the provisions of AWA.

The states through the "American Recovery and Reinvestment Act of 2009" have already received an unbelievable amount of money targeted for law enforcement and crime.

Here is the essence of how states are funded:

Yes, AWA says, if states fail to enact AWA they will lose 10% of Byrne funding.

However, within the "American Recovery and Reinvestment Act of 2009 (ARRA 2009)" Byrne funding was supplemented with BILLIONS of dollars, and these funds CANNOT be denied the states.

So, what we have is: Byrne Fund -10% (each state's share of Byrne) +Billions from ARRA 2009. The net effect is the states stand to gain even though, in an accounting sense, they will technically lose 10% according to AWA.

From the American Recovery and Reinvestment Act of 2009: ... DOJ Website for this Act:

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

For an additional amount for `Violence Against Women Prevention and Prosecution Programs', $225,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.): Provided, That, $50,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322).

Office of Justice Programs

state and local law enforcement assistance

For an additional amount for `State and Local Law Enforcement Assistance', $2,000,000,000, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (`1968 Act'), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act).

For an additional amount for `State and Local Law Enforcement Assistance', $225,000,000, for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants.

......

For an additional amount for `State and Local Law Enforcement Assistance', $125,000,000, for assistance to law enforcement in rural States and rural areas, to prevent and combat crime, especially drug-related crime.

For an additional amount for `State and Local Law Enforcement Assistance', $50,000,000, for Internet Crimes Against Children (ICAC) initiatives.

Community Oriented Policing Services

For an additional amount for `Community Oriented Policing Services', for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, $1,000,000,000.

Salaries and Expenses

For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against Women, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000.

So who is kidding who?

Oh yes, there have also been other stimulus bills passed which I have skipped, not necessary since ARRA 2009 more than supplements states for the AWA losses.

eAdvocate