FY 24 Invited to Apply- Sex Offender and Registration Notification Act (SORNA) | O BJA 2024 172237

Frequently Asked Questions (FAQs)

What is the FY 24 "Invited to Apply - Sex Offender Registration and Notification Act (SORNA)" opportunity?

This is a Bureau of Justice Assistance (BJA) grant opportunity that reallocates funds connected to the Adam Walsh Child Protection and Safety Act of 2006. The funding is tied to the Sex Offender Registration and Notification Act (SORNA) and is intended to support a comprehensive national approach to sex offender registration and public notification to improve community safety and reduce sexual violence and exploitation.

What is the main purpose of SORNA funding in this opportunity?

The purpose is to help jurisdictions develop, enhance, or complete programmatic and operational work needed to meet SORNA standards. The funds are intended to support SORNA-related improvements rather than serve as general-purpose criminal justice funding.

Which federal offices are involved, and what are their roles?

BJA administers the reallocated SORNA funds to eligible State Administering Agencies (SAAs). The SMART Office (Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking) is the Department of Justice component responsible for determining whether a jurisdiction has "substantially implemented" SORNA requirements and also provides implementation support and technical assistance focused on SORNA-related improvements.

Who is eligible to apply for this grant opportunity?

Eligible applicants are state governments. The opportunity is state-government-focused and is administered through the state-level applicant structure described in the notice.

What is the CFDA number for this opportunity?

The CFDA number listed for this opportunity is 16.738.

What is the opportunity number?

The opportunity number is O-BJA-2024-172237.

When is the application closing date?

The posting lists an application closing date of 2024-10-16 (original closing date).

How many awards are expected, and what is the award ceiling?

The posting lists an expected 22 awards and an award ceiling of $749,115.

What broader area or category does this grant fall under?

This opportunity is categorized under law, justice, and legal services.

Why do SORNA reallocation funds exist?

The reallocation funds exist because the Adam Walsh Act includes an ongoing financial penalty for jurisdictions that did not substantially implement SORNA by July 27, 2011. The penalty began in FY 2012 and continues to apply in each subsequent year until substantial implementation is achieved (see 34 U.S.C. 20927(a)). Funds associated with this penalty are administered by BJA as SORNA reallocation funding.

What does "substantially implemented" SORNA mean in this context?

"Substantially implemented" refers to whether a jurisdiction has met SORNA requirements to a sufficient degree as determined by the SMART Office, which is responsible for making that determination.

How is the SORNA penalty calculated against a state's JAG funding?

BJA calculates the penalty by taking 10 percent off the state government share of the Edward Byrne Memorial Justice Assistance Grant (JAG) allocation. The state share is described as 60 percent of the total award. The penalty is applied only after the mandatory variable pass-through is deducted.

Does the SORNA penalty reduce the amount states must pass through to local law enforcement?

No. The penalty does not reduce the mandatory pass-through amount that states must send to local law enforcement. The notice explains that states are not allowed to retain any part of that mandatory local allocation.

Which part of JAG funding does the penalty affect?

The penalty applies to the segment of JAG funds that the state controls. This includes funds the state can direct to local jurisdictions that are not eligible for a direct JAG award (often described as "less than 10,000 jurisdictions") and also includes situations where the state may provide services directly (for example, through state police) rather than issuing funds to a local agency.

Who receives the reallocated SORNA funds from BJA?

BJA administers the resulting SORNA reallocation funds to eligible State Administering Agencies (SAAs).

Are SAAs required to pass through these reallocated funds to another entity?

Yes. A key requirement is that SAAs must pass through the reallocated funds to the designated SORNA contact agencies.

What are designated SORNA contact agencies expected to do with the funds?

Recipient agencies are expected to carry out the specific activities described in the jurisdiction's individual reallocation request, and those activities must align with what was previously approved by the Office of Justice Programs (OJP).

Can these funds be used for general criminal justice purposes?

The intent described is that the funds support SORNA-related development, enhancement, or completion of work needed to meet SORNA standards. They are not described as general-purpose criminal justice funding.

Where can applicants find practical guidance on SORNA implementation requirements?

The notice points applicants to the SMART Office FAQ resource at https://smart.ojp.gov/faqs.

What law establishes the ongoing penalty for not substantially implementing SORNA?

The notice references 34 U.S.C. 20927(a) as the statutory basis for the penalty continuing each year until substantial implementation is achieved.

How does this program function as both a funding mechanism and an incentive?

It reflects the continued application of the SORNA penalty for non-implementation while also channeling the reallocated funds in a way intended to accelerate progress toward full SORNA implementation and strengthen sex offender registration and notification practices.