Federal Crime Control Assistance to State and Local Governments

Federal Crime Control Assistance to State and Local Governments

Order Code RS20539
Updated May 26, 2004
CRS Report for Congress
Received through the CRS Web
Federal Crime Control Assistance to
State and Local Governments
JoAnne O’Bryant
Domestic Social Policy Division
Summary
Congress has authorized and funded several programs administered by the
Department of Justice (DOJ) to assist state and local governments in combating crime.
Major DOJ programs with FY2004 funding are (1) Juvenile Justice Formula Grants,
$83.1 million; (2) Byrne programs, $652.2 million; (3) Weed and Seed program, $57.9
million; (4) Community Oriented Policing Services (COPS) program, $481.9 billion;
(5) Violence Against Women Act (VAWA) grants, $387.6 million for DOJ programs;
(6) Drug Courts grants, $38.1 million; (7) Local Law Enforcement Block Grants
(LLEBG) program, $213.3 million; and (8) Juvenile Accountability Incentive Block
Grants (JAIBG) program, $59.3 million. This report provides profiles of those eight
major programs. It will be updated as new data become available.
Introduction
Although states and localities traditionally have held the major responsibility for
prevention and control of crime in the United States, the federal government, especially
the Department of Justice, has played an increasingly central role since the late 1960s
because of a notable increase in crime and unrest in the nation. One significant aspect of
DOJ’s role has been providing financial assistance to state and local governments to
combat crime. Beginning with the Law Enforcement Assistance Administration (LEAA),
established by the Omnibus Crime Control and Safe Streets Act of 1968, Title I (P.L. 90-
351), Congress approved a series of programs administered by DOJ and other federal
agencies to provide crime control funding to state and local governments. Since 1974,
when Congress established a formula grant program under the Juvenile Justice and
Delinquency Prevention Act of 1974 (P.L. 93-415), as amended, eight major DOJ
programs were created or expanded to assist such government groups.
Although LEAA funding was discontinued in the early 1980s, Congress established
a new primary source of federal financial assistance for state and local drug law
enforcement efforts, the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs. Byrne funding includes both formula and discretionary grants for
the reduction of drug demand, assistance of law enforcement, support for the court and
corrections systems, and promotion of crime prevention.
Congressional Research Service ˜ The Library of Congress

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In the wake of the Los Angeles riots in April and May 1992, President George H. W.
Bush proposed to expand a demonstration program called “Weed and Seed.” In July
1992, the Attorney General created the Executive Office for Weed and Seed within DOJ,
and since FY1993, Congress has provided funding.
Under the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322),
the 103rd Congress established additional programs to assist state and local jurisdictions
in combating crime. Those programs were the COPS program (Title I), VAWA grants
(Title IV), and Drug Courts grants (Title V). The 104th Congress reconsidered programs
authorized by the 1994 Crime Act, and under the Omnibus Consolidated Appropriations
Act of 1996 (P.L. 104-134), it established the Local Law Enforcement Block Grants
(LLEBG). The 105th Congress created the Juvenile Accountability Incentive Block Grants
(JAIBG) program under the Department of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998 (P.L. 105-119). Reauthorization of
juvenile justice assistance programs is included in the Department of Justice
Authorization Appropriations (P.L. 107-273), which was enacted in the 107th Congress.
Funding trends for major DOJ programs that are profiled below include (1) Juvenile
Justice Formula Grants; (2) Byrne programs; (3) Weed and Seed program; (4) COPS
program; (5) Violence Against Women Act (VAWA) grants; (6) Drug Courts grants; (7)
Local Law Enforcement Block Grants (LLEBG) program; and (8) Juvenile Accountability
Incentive Block Grants (JAIBG) program.
Juvenile Justice Formula Grants
Authority. Juvenile Justice and Delinquency Prevention Act of 1974, as amended,
Title II, Part B (P.L. 93-415). Authorization for the act expired on September 30, 1996,
but Congress has provided funding through annual appropriations.
Description of Programs. Provides funding to state and local governments to assist
in planning, establishing, operating, coordinating, and evaluating projects involving the
improvement of the juvenile justice system or the provision of education, crime
prevention, diversion, treatment, and rehabilitation programs for juveniles. For additional
information, see CRS Report RS20576, Juvenile Justice: Legislative Activity and
Funding Trends for Selected Programs.
Authorization and Funding. A joint authorization for Title II, Parts A, B, and C,1
of $150 million was provided from FY1993 through FY1996. Although authorization has
expired, Congress continues to fund the program through the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies appropriations. Appropriations for
grants under Part B were $70 million for both FY1995 and FY1996, $86.5 million for
FY1997, $96.5 million for FY1998, and $89 million from FY1999 through FY2002; for
FY2003, $83.8 million; for FY2004, $83.1 million.
1 Part A provides funding for the Office of Juvenile Justice and Delinquency Prevention. Part
C provides funding for the National Institute of Juvenile Justice and Delinquency Prevention.

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Byrne Programs
Authority. Omnibus Crime Control and Safe Streets Act of 1968, as amended (P.L. 90-
351), Title I. The Byrne programs were first authorized in the Anti-Drug Abuse Act of
1986 (P.L. 99-570) and named for a slain New York City police officer in the Anti-Drug
Abuse Act of 1988 (P.L. 100-690).
Description of Programs. The Byrne programs consist of two discretionary
programs and a formula grant program. Formula grant program funds must be used to
improve criminal justice systems in order to reduce violent crime, the demand for illegal
drugs, or the availability of such drugs. The discretionary funds are used to enhance anti-
drug educational and training programs, to establish demonstration projects, and to fund
correctional options programs. Most Byrne funds are awarded to states under the formula
grant program. Each state must pass through a specified portion of the formula grant
monies to localities. For additional information, see CRS Report 97-265, Crime Control
Assistance Through the Byrne Programs; also see the Byrne website at
[http://www.ojp.usdoj.gov/BJA/grant/byrne.html].
Authorization and Funding. Under the Violent Crime Control and Law
Enforcement Act of 1994 (P.L. 103-322), Section 210101, the Byrne programs were
authorized for $580 million in FY1995; $130 million in FY1996; $100 million in
FY1997; $75 million in FY1998; $70 million in FY1999; and $45 million in FY2000.
Authorization has expired. Appropriations for Byrne programs were $535 million in
FY1996 ($475 million for formula grants and $60 million for discretionary grants), $560
million in FY1997 ($500 million for formula grants and $60 million for discretionary
grants), $551.5 million in FY1998 ($505 million for formula grants and $46.5 million for
discretionary grants), $552 million in both FY1999 and FY2000 ($505 million for
formula grants and $47 million for discretionary grants in FY1999 and $500 million for
formula grants and $52 million for discretionary grants in FY2000), and $569 million in
FY2001 ($500 million for formula grants and $69 million for discretionary grants).
Funding for FY2002 was $594.4 million ($500 million for formula grants and $94.4
million for discretionary grants); for FY2003, $650.9 million; for FY2004, $652.2
million.
Weed and Seed Program
Authority. Department of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1995 (P.L. 103-317) and succeeding appropriations acts.
Description of Program. Under the new Community Capacity Development Office
in DOJ, Operation Weed and Seed is a two-part, community-based, multi-agency
initiative. Funds are used first to “weed out” crime from selected neighborhoods, and
second to coordinate crime prevention and human service programs to “seed” these areas
to encourage the growth of safer neighborhoods. For additional information about Weed
and Seed see website [http://www.ojp.usdoj.gov/ccdo].
Authorization and Funding. The Weed and Seed Program has no formal
authorization. In July 1992, the Attorney General established the Executive Office for
Weed and Seed within the DOJ. Appropriations for Weed and Seed were $28.5 million

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in both FY1996 and FY1997, derived as earmarks each year from Byrne discretionary
grants. Weed and Seed funding was $33.5 million in direct appropriations for FY1998,
FY1999, and FY2000. In FY2001, funding slightly increased to $34 million for the
program, plus $6.5 million from the Assets Forfeiture Super Surplus Fund. Funding for
FY2002 was 58.9 million; for FY2003, $58.9 million; and for FY2004, $57.9.
COPS Program
Authority. Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-
322), Title I, Public Safety Partnership and Community Policing Act of 1994.
Description of Program. Funds may be used to hire new police officers (including
former members of the Armed Services), rehire officers who have been laid off, provide
officer training to improve interactions with communities, obtain equipment or support
systems, or provide overtime pay. Also, funds may be used for other purposes, such as
to train law enforcement officers in crime prevention and community police training
techniques; develop technologies that emphasize crime prevention; link community
organizations and residents with the police; develop innovative programs; and support the
purchase of no more than one service weapon per officer hired or redeployed. For
additional information, see CRS Report 97-196, The Community Oriented Policing
Services (COPS) Program: An Overview; also see DOJ’s COPS website at
[http://www.cops.usdoj.gov/].
Authorization and Funding. Under the Violent Crime Control and Law
Enforcement Act of 1994 (P.L. 103-322), Section 10003, the COPS program was
authorized at $1.332 billion in FY1995; $1.85 billion in FY1996; $1.95 billion in
FY1997; $1.7 billion for both FY1998 and FY1999, and $268 million for FY2000.
Authorization has expired. Appropriations for the COPS program were $1.4 billion for
each year, FY1996 through FY1999, and $595 million for FY2000. In FY2001 and
FY2002, funding increased to over $1.0 billion for the program. Funding for FY2003 is
$928.9 million; and for FY2004, $481.9 million.
Violence Against Women Act (VAWA) Grants
Authority. Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-
322), Title IV, Violence Against Women Act.
Description of Program. VAWA grant programs provide funding to address the
problem of violence against women. Programs within DOJ include law enforcement and
prosecution grants for use by states, units of local government, Indian tribal governments,
or nonprofit nongovernmental victims’ services programs. Also, VAWA monies awarded
by DOJ are provided for National Stalker and Domestic Violence Reduction Grants; Rural
Domestic Violence and Child Abuse Enforcement Grants; Grants to Encourage Arrest
Policies; and other programs. Title IV programs are located not only within DOJ, but also
include the Department of Health and Human Services. For additional information, see
CRS Report RS20195, Violence Against Women Act: Reauthorization, Federal Funding
and Recent Developments. For more information on the Violence Against Women Office
(VAWO) within DOJ, see [http://www.ojp.usdoj.gov/vawo].

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Authorization and Funding. The minimum authorizations each year for VAWA
were $27 million for FY1995, $273 million for FY1996, $307 million for FY1997, $378
million for FY1998, $295 million for FY1999, $305million for FY2000, and $667.5
million for FY2001. Up to an additional $35 million was authorized in general, with no
reference to a specific fiscal year. VAWA appropriations totaled $228.5 million in
FY1996 ($174.5 million for DOJ programs), $258.5 million in FY1997 ($197.5 million
for DOJ programs), $415.6 million in FY1998 ($271.6 million for DOJ programs),
$438.7 million in FY1999 ($282.7 million for DOJ programs), $453.2 million in FY2000
($283.7 million for DOJ programs), $407.8 million for FY2001 ($288.7 million for DOJ
programs), and $571.2 million for FY2002 ($390.6 million for DOJ programs). VAWA
grants in FY2003 total $390.1 million; and for FY2004, $387.6 million.
Drug Courts Grants
Authority. Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-
322), Title V, Drug Courts. Though authorization for these grants was repealed under the
Omnibus Consolidated Rescissions and Appropriations Act, FY1996 (P.L. 104-134,
Section 114), the program has continued to receive appropriations.
Description of Program. DOJ makes Drug Courts grants to state and local
governments and to court entities for programs involving continuing judicial supervision
of non-violent offenders with substance abuse problems. Also, Drug Courts grants may
be used for the integrated administration of other sanctions and services, ranging from
drug testing and drug treatment for program participants, to aftercare services for
offenders in compliance, or possible imprisonment for those not in compliance. For more
information on the Drug Courts Program, see the Office of Justice Programs website at
[http://www.ncjrs.org/html/bja/decade98.htm].
Authorization and Funding. Authorizations for Drug Courts were $100 million
in FY1995; $150 million for both FY1996 and FY1997; and $200 million for each year
in FY1998, FY1999, and FY2000. Authorization has expired. Appropriations for the
program were $11.9 million in FY1995, up to $18 million in FY1996 (provided as an
earmark of LLEBG appropriations), $30 million in both FY1997 and FY1998, $40
million in both FY1999 and FY2000, and $50 million in FY2001 and FY2002. Funding
in FY2003 total $45 million; and for FY2004, $38.5 million.
Local Law Enforcement Block Grants (LLEBG) Program
Authority. Omnibus Consolidated Rescissions and Appropriations Act of 1996
(P.L. 104-134) and succeeding appropriations acts.
Description of Program. The LLEBG program provides funding to states and units
of local government to assist in efforts to reduce crime and improve public safety. Funds
may be used for projects in one or more of seven “purpose areas,” ranging from hiring or
training new police officers, to enhancing security measures in and around schools, to
establishing crime prevention programs involving cooperation between community
residents and police. For additional information, see the LLEBG website at
[http://www.ojp.usdoj.gov/BJA/grant/llebg_app.html].

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Authorization and Funding. The LLEBG Program has no formal authorization,
though the DOJ awarded LLEBG grants for the first time in October 1996.
Appropriations for the LLEBG program were $503 million in FY1996 and $523 million
for each year in FY1997 through FY1999. For FY2000, the appropriation was reduced
to $497.9 million and funded in direct appropriations. In FY2001, program funding
increased to $523 million. In FY2002 and FY2003, the appropriation was decreased to
$400 million; for FY2004, $222.6 million.
Juvenile Accountability Incentive Block Grants (JAIBG) Program
Authority. Department of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, FY1998 (P.L. 105-119).
Description of Program. The JAIBG program provides funding to states and units
of local government to address the growing problem of juvenile crime by encouraging
accountability-based reforms by states and localities. To be eligible to receive funds,
states must have certified to the Attorney General that they are actively considering, or
will consider within the next year, through laws, policies, or programs, accountability-
based reforms, including graduated sanctions, adult prosecution of violent juveniles, and
juvenile records reforms. Funds may be used for projects in 11 “purpose areas,” including
hiring or training new juvenile judges, prosecutors, and other court officials; building,
expanding or operating juvenile detention and corrections facilities; establishing drug
court programs for juvenile offenders; and assisting prosecutors to address drug, gang,
and youth violence more effectively. For additional information, see CRS Report
RS21395, Juvenile Justice: Reauthorization of Justice Assistance Programs.
Authorization and Funding. The JAIBG Program has no formal authorization.
Appropriations for the JAIBG program were $250 million in both FY1998 and FY1999.
In FY2000, $238 million was appropriated for the program. In FY2001, funding
increased to $250 million for the program and remained the same for FY2002. Funding
in FY2003 total $190 million; $59.3 million for FY2004.
Other Justice Grant Programs
The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 104-322), Titles
II and III, authorized several prison grant programs, ranging from the State Prison Grants
(SPG) to the State Criminal Alien Assistance Program (SCAAP). In recent
appropriations, the funding levels for SPG have been drastically reduced, because
programs such as the Violent Offender Incarceration/Truth In Sentencing (VOITIS)
program have been thought to have accomplished their goal. Funding in FY2003 for
SCAAP total $250 million; and $80 million for SPG. In FY2004, SCAAP received
$296.8 million. FY2003 funding for SPG includes the Residential Substance Abuse
Treatment (RSAT) program ($65 million for FY2003) and offender reentry programs ($15
million, FY2003; $4.9 for FY2004). In addition, the 1994 crime act established the
Violent Crime Reduction Trust Fund (VCRTF) with an authorization of $30.2 billion in
funding for FY1995 through FY2000 to include the programs discussed above and
various other crime prevention programs under Title III. The authorization for VCRTF
also expired at the end of FY2000. For more information, see CRS Report RL30471,
Violent Crime Reduction Trust Fund: An Overview.