By Ed Somers
December 9, 2002

In a December 2 letter sent to state and local governments, Assistant Attorney General Deborah J. Daniels, head of the U.S. Department of Justice's Office of Justice Programs (OJP), wrote that funding for existing law enforcement programs would not be obligated until Congress acts on a long-term funding bill, despite the fact that the government is operating under a continuing resolution. A copy of the letter is available on usmayors.org

This means that not only has the $3.5 billion in new funding for first responders been delayed due to Congressional inaction, but that existing formula programs such as the Local Law Enforcement Block Grant and Bryne grants are not being funded until Congress acts on FY 2003 appropriations bills. Also impacted are existing first responder training grants which are provided through the states. It is expected that the COPS office, which is a separate entity within the Department of Justice, will also delay making any grant awards using FY 2003 funding.

In commenting on this decision, Conference President Boston Mayor Thomas M. Menino told the New York Times that, "These funds are how we make our streets and our communities workable. If you decimate these programs, how can we plan? It's very shortsighted of them." A full copy of Menino's written statement is also in U.S.MAYOR.

One of the reasons stated for this decision is that fact that, "the 2003 President's Budget included a number of new program and policy initiatives for which, under the rules governing the CR process, OJP is prohibited from initiating." Under the Administration's Budget, the Local Law Enforcement Block Grant (funded at $400 million in FY 2002) and the state-based Byrne Grant Program (funded at $594 million in FY 2002) would be eliminated, and merged into a new Justice Assistance Grant program with overall funding cut 20 percent. The COPS program would be reduced by more than 80 percent (from $738 million to $164 million) with no funding provided for hiring programs, and the $565 million State Criminal Aliens Assistance Program would be eliminated.

It is yet unclear how the 108th Congress will handle these issues when it convenes. If it passes a long-term continuing resolution through the end of FY 2003, the formula programs should be funded at last year's levels, which would avoid the proposed cuts. However, if Congress decides to mark up individual funding bills, these programs could be in serious jeopardy.