2009 Stimulus Bill Provides Needed Funding For New State and Local Government eDiscovery Initiatives
It isn't just businesses that are hurting in this down economy. As companies cut back it is having repercussions everywhere and local, state and federal government are not exempted from these cutbacks even as their requirements also increase. Case in point, a recent case decision handed down determined that the SEC must comply with the Federal Rules of Civil Procedure (FRCP) just like "any other litigant" that puts the same burdens of eDiscovery and legal holds on governmental agencies that previously only affected private organizations.
This case revealed how woefully unprepared the SEC was to properly present electronically stored information in line with FRCP rules and, as a result of this ruling, will most likely reveal that Federal, state and local government is equally unprepared to respond to these requests. The American Reinvestment and Recovery Act of 2009 (ARRA) (or 2009 Stimulus package) set aside money for numerous projects but one particular area of funding found in the ARRA is the Edward Byrne Justice Assistance Grant (JAG) program.
Byrne Grants have traditionally been one of the main sources of federal grant money for state and Local governments have used to deploy and improve technology. This grant opportunity provides money to support what is described as a "broad range of activities to prevent and control crime and improve the criminal justice system." As part of ARRA, $2 billion dollars for the Edward Byrne JAG program was set aside which became available on March 6th, 2009.
As state and local government looked for justice system technology improvements, they have historically looked to Byrne Grant and Local Law Enforcement Block Grants (LLEBG) funding opportunities. However ARRA has resulted in the merger of the Byrne Grant and LLEBG programs so they now gain some distinct advantages from the JAG grant initiative JAG grant awards are distributed up front. This eliminates the need of government agencies to first spend budgeted funds and then rely on a reimbursement of those funds at a later date.
Projects can be funded beyond the traditional 4 year time period thus allowing funding to expand agencies technology efforts.Set-asides were eliminated. This change encourages the expenditure of funds where they are needed most. The removal of key funding hurdles through the JAG grants greatly increases the ability of state and local governments to receive needed funding without budgetary hurdles and lengthy justifications which otherwise might be needed in the face of these new eDiscovery obligations.
Government faces numerous technical difficulties regarding eDiscovery and the $2 Billion set aside in JAG grant funds through ARRA will provide a much needed source of funds for government to meet the FRCP challenge that the justice system has now made applicable to them. So while these governmental agencies are advised to take advantage of these funds, they are reminded to learn from the examples that private businesses provide. By deploying technology that eases and reduces the costs of eDiscovery, they do not need to deal with expensive and harsh reality that comes from encroaching threat that failing to meet an eDiscovery court proceeding presents.
This case revealed how woefully unprepared the SEC was to properly present electronically stored information in line with FRCP rules and, as a result of this ruling, will most likely reveal that Federal, state and local government is equally unprepared to respond to these requests. The American Reinvestment and Recovery Act of 2009 (ARRA) (or 2009 Stimulus package) set aside money for numerous projects but one particular area of funding found in the ARRA is the Edward Byrne Justice Assistance Grant (JAG) program.
Byrne Grants have traditionally been one of the main sources of federal grant money for state and Local governments have used to deploy and improve technology. This grant opportunity provides money to support what is described as a "broad range of activities to prevent and control crime and improve the criminal justice system." As part of ARRA, $2 billion dollars for the Edward Byrne JAG program was set aside which became available on March 6th, 2009.
- Prosecution and court programs
- Planning, evaluating, and improving technology programs
As state and local government looked for justice system technology improvements, they have historically looked to Byrne Grant and Local Law Enforcement Block Grants (LLEBG) funding opportunities. However ARRA has resulted in the merger of the Byrne Grant and LLEBG programs so they now gain some distinct advantages from the JAG grant initiative JAG grant awards are distributed up front. This eliminates the need of government agencies to first spend budgeted funds and then rely on a reimbursement of those funds at a later date.
Projects can be funded beyond the traditional 4 year time period thus allowing funding to expand agencies technology efforts.Set-asides were eliminated. This change encourages the expenditure of funds where they are needed most. The removal of key funding hurdles through the JAG grants greatly increases the ability of state and local governments to receive needed funding without budgetary hurdles and lengthy justifications which otherwise might be needed in the face of these new eDiscovery obligations.
Government faces numerous technical difficulties regarding eDiscovery and the $2 Billion set aside in JAG grant funds through ARRA will provide a much needed source of funds for government to meet the FRCP challenge that the justice system has now made applicable to them. So while these governmental agencies are advised to take advantage of these funds, they are reminded to learn from the examples that private businesses provide. By deploying technology that eases and reduces the costs of eDiscovery, they do not need to deal with expensive and harsh reality that comes from encroaching threat that failing to meet an eDiscovery court proceeding presents.
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