By Ed Somers
April 12, 2004

The U.S. House of Representatives has approved a major piece of legislation to reauthorize and change grant programs at the Department of Justice. Among many provisions contained in the bill (H.R. 3036) is a new $1 billion COPS program, and a merger of the Local Law Enforcement Block Grant (LLEBG) and state-based Byrne grant into the "Edward Byrne Memorial Justice Assistance Grant Program." To date, the Senate has not acted on any similar legislation.

$1 Billion for COPS

Following extensive negotiations, the Manager's Amendment for H.R. 3036 includes over $1 billion annually for a new version of the COPS program that would be highly flexible and allow cities to apply for funding for hiring, re-hiring, overtime, technology, and other community policing efforts.

This comes at the very time that the COPS program is in serious funding jeopardy based on the Administration's FY 2005 budget request, which would cut funding to $95 million and eliminate hiring programs.

There are a number of administrative changes to the COPS program contained in the bill, which will need additional analysis.

Mayors Oppose LLEBG Funding Changes

As stated in a letter sent prior to Judiciary Committee markup of the bill last year, the Conference has strong policy against the LLEBG and Byrne grant merger, fearing it will lead to major funding cuts as well as formula changes that will reduce funding for cities.

The new program would be funded at $1.1 billion in the first year, and then "such sums as may be necessary," with 60 percent state and 40 percent local funding. The original proposal for this merger came from the Administration, which has requested only $509 million for the new merged program in FY 2005.

In addition to merging the programs, the new bill would change how LLEBG funds are allocated among cities and counties. The final bill rejected an earlier proposal to make major formula changes, which would have sent more money to counties, but instead amends the "disparate allocation" provision by lowering the threshold under which counties can appeal for more funding.

First, the legislation removes the state Attorney General from the disparate certification process and transfers that function to the Department of Justice. Second, instead of requiring a county to establish that a city would receive twice what the county receives (the 200 percent rule), this disparate threshold is lowered to one and half times with a factor for prosecution and incarceration for Part 1 crime. And third, under the 400 percent rule, the requirement that "such allocation is likely to threaten the efficient administration of justice" is eliminated.

LLEBG is also under continual funding threat in Congress. In FY 2004, funding was reduced to $225 million, with more than $100 million of that earmarked for other purposes.