Department of Justice Grants: History, Authorizations, and Appropriations

Over the past several fiscal years, the annual Commerce, Justice, Science, and Related Agencies (CJS) Appropriations Act has provided around $4 billion for approximately 100 U.S. Department of Justice (DOJ) grant programs each fiscal year. DOJ grant programs are administered by three agencies. The Office of Justice Programs administers the widest portfolio of grant programs, including those that are intended to aid law enforcement operations, provide substance abuse treatment for people involved in the criminal justice system, reduce backlogs of DNA evidence, improve juvenile justice systems, manage sex offenders, and help prisoners transition back into society after a period of incarceration. The Office on Violence Against Women administers grant programs authorized by the Violence Against Women Act of 1994 (VAWA, Title IV of P.L. 103-322, as amended). The Community Oriented Policing Services (COPS) Office administers the COPS grant program along with other law enforcement-related funding provided through the COPS account. All of these programs are funded through various accounts in the annual CJS appropriations act. DOJ has awarded grants to help state and local governments improve their criminal justice systems and address crime issues in their jurisdictions for over 55 years. DOJ was initially given the authority to make grants to state and local governments when the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351, as amended) was signed into law. Six years later, the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA, P.L. 93-415, as amended) expanded the scope of grant authorities available to DOJ. The Omnibus Crime Control and Safe Street Act of 1968 and the JJDPA contain many of DOJ’s current grant authorities. The scope of DOJ grant programs started to expand in the 1990s and 2000s. Whereas the Omnibus Crime Control and Safe Streets Act of 1968 and JJDPA authorized a few grant programs that were broader in scope, law authorizing new DOJ grant programs tended to focus on addressing specific issues or crimes. For example, the Violent Crime Control and Safe Streets Act of 1994 (P.L. 103-322) authorized the COPS program to support the hiring of 100,000 new law enforcement officers. The act contained VAWA, which authorized several new programs to combat violence against women. The act also authorized the Residential Substance Abuse Treatment (RSAT) program, the State Criminal Alien Assistance Program (SCAAP), and the Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants. CRS has identified 151 DOJ grant programs with a statutory authorization in the U.S. Code. Many of these programs (113 of 151) were first authorized from FY1990 to FY2009. For approximately two-thirds of these programs (95 of 151), the authorization of appropriations provisions in their statutory authorizations have expired. From FY2016 to FY2025, total appropriations authorized for DOJ grant programs ranged from $1.175 billion to $2.332 billion in any given year. During this period, actual appropriations for DOJ grant programs were not provided in the full amount explicitly authorized for them (excluding “such sums” authorizations of appropriations). Appropriations for DOJ grant programs for FY2024 and FY2025 were closer to the total amount authorized than in previous fiscal years, but this is partially due to authorizations of appropriations for some programs expiring. Total appropriations for DOJ grant programs had an upward trend from FY2016 to FY2026. During this period, an increasing share of funding for DOJ grant programs went to programs that received an appropriation but did not have a statutory authorization. The current state of authorizations and appropriations for DOJ grant programs might raise several issues for policymakers. First, policymakers might examine these programs to determine if they continue to serve a need or address crime issues facing the nation. If so, is there a need to reshape the current authorization for a program and what is the needed level of funding to effectively implement it? Policymakers may examine whether there is a need to repeal, modify, or consolidate grant programs that might duplicate the purposes of other authorized grant programs. Congress might also consider legislation to authorize some of the DOJ grant programs that have been consistently funded over the years but do not have authorizing legislation that dictates what funds can be used for under the program and which entities are eligible to receive funding.