Equipment Funding Sources
BJA: Edward Byrne Memorial State and Local Law Enforcement Block Grants (Byrne Formula Grants). States may use formula funds to support a range of activities that could have an effect on terrorism and domestic preparedness. States may also request a waiver of the criminal justice improvement set-aside requirement to use these reserved Byrne funds to respond to the demands placed on criminal justice system components by the September 11 terrorist attacks. Such funds are still subject to the terms and conditions of the Byrne Formula Grant Program and may also be used for any and all of the following purposes: developing and implementing anti-terrorism plans and training programs, purchasing equipment for local law enforcement anti-terrorism projects, improving community crime prevention and security, creating multijurisdictional task forces in response to organized crime, facilitating interagency and intelligence coordination, integrating criminal justice information systems, investigating and prosecuting money laundering and cybercrime, and improving DNA identification systems.
BJA: Local Law Enforcement Block Grants (LLEBG). LLEBG directly funds units of local government to support projects that improve public safety.
ODP: State and Local Domestic Preparedness Equipment Grants. The State and Local Domestic Preparedness Equipment Grant Award Program provides funds to states, the District of Columbia, and the territories to purchase the specialized equipment required to better respond to terrorist incidents. Equipment funding is provided through grants to each state, which will, in turn, distribute funds to jurisdictions within the state and to state agencies. Prior to receiving funding, individual states must have completed development of a comprehensive 3-Year Domestic Preparedness Strategy. The equipment component of the strategy provides guidance as to how the state will distribute and use equipment funds. Each state's governor has designated a state administering agency (SAA) for coordination of the development of the statewide strategy. These agencies also serve as ODP's state point-of-contact and will receive and distribute the state's equipment grant funds. U.S. Attorneys and/or their Anti-Terrorism Coordinators may wish to contact the ODP SAA to determine how best to work with states in implementing the state plans. Information about the ODP SAA points of contact is available at www.ojp.usdoj.gov/state.htm.
Equipment Funding Hypotheticals
Can OJP funds be used to purchase vaccinations and increase pharmaceutical stockpiles for local law enforcement officers, firefighters, and emergency medical personnel?
Yes, under the BJA Byrne Formula Grant Program Purpose Area # 26. Also see ODP for the purchase of medical supplies for first responder use only.
Can OJP funds be used to train personnel and procure equipment to allow for the isolation of the sick and for mass quarantines in the event of a chemical, biological, radiological, or nuclear attack?
Yes, BJA LLEBG Program Purpose Area #2, provided that isolation of the sick and mass quarantines are a function of law enforcement authorities. Also see BJA Byrne Formula Grant Program Purpose Area #26.
Can OJP funds be used by a state Department of Public Safety to purchase equipment to set up a roving wiretap on individuals that may have connections to a terrorist organization?
Yes, under BJA LLEBG Program Purpose Area #1, provided that the state Department of Public Safety provides law enforcement services to units of general-purpose local government and/or to units of general-purpose local government not meeting the formula-based threshold of $10,000. The equipment also may be purchased under the BJA Byrne Formula Grant Program Purpose Area #15b, as well as under Byrne Formula Grant Program Purpose Area #2, if the terrorists may be funding their operations through the distribution of illicit drugs. Also see Byrne Formula Grant Program Purpose Area #26.
Can OJP funds be used to purchase a chemical, nuclear, and biological detector for use in the state capitol or a municipal airport?
Yes, under BJA LLEBG Program Purpose Area #2 or under BJA Byrne Formula Grant Program Purpose Area #26.
Can OJP funds be used to purchase new communication equipment to enable state and local law enforcement, firefighters, and emergency personnel to use the same radios and frequencies?
Yes, under BJA LLEBG Program Purpose Area #1. Also see BJA Byrne Formula Grant Program Purpose Areas #7b and #26, provided that the purchase is part of an implementation of a overarching anti-terrorism plan.
Can OJP funds be used to establish a toll-free telephone line and/or an e-mail address for reporting suspicious persons or activity to the state or local Department of Public Safety?
Yes, under the BJA Byrne Formula Grant Program Purpose Area #4 and LLEBG Program Purpose Area #6.
Can OJP funds be used to buy "HazMat-type" equipment for the first responder squad of a volunteer fire department?
Yes, under LLEBG Program Purpose Area #1, because encountering and handling hazardous materials is a basic law enforcement function. The LLEBG statute requires that the equipment be directly related to a basic law enforcement function; it does not require that the function be performed directly by law enforcement officers. Also see BJA Byrne Formula Grant Program Purpose Areas #7b and #26. Also see ODP for funding to purchase weapons-of-mass-destruction (WMD) hazMat equipment for use by first responders who are certified as WMD HazMat responders.
Can OJP funds be used to purchase computer software or hardware for cybersecurity?
Yes, under BJA LLEBG Program Purpose Areas #1 or #2, because secure law enforcement records are a basic function of law enforcement. Also see BJA Byrne Formula Grant Program Purpose Area #7b if this purchase is part of an implementation of an anti-terrorism plan for a designated facility.
Can OJP funds be used to purchase and stockpile emergency packages containing such items as a portable, battery-operated radio and extra batteries, flashlights and extra batteries, a first aid kit and manual, hard hats, and fluorescent tape to rope off dangerous areas?
Yes, under BJA LLEBG Program Purpose Area #1, as this type of emergency equipment is consistent with disaster response, a basic law enforcement function.
Can OJP funds be used to develop and maintain a web site and/or a toll-free hotline to provide information and referrals to victims of terrorism?
Yes, under a Consequence Management Grant from OVC's Anti-Terrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes. This program is designed to provide supplemental resources to help victims adapt to the trauma event and to restore victims' sense of equilibrium.
Can OJP funds be used to purchase equipment for "real-time" monitoring of drinking water supplies by the state Natural Resource Conservation Commission?
Yes, this is a security measure for a public facility that may be considered to be at high risk under the BJA Byrne Formula Grant Program Purpose Area #7b and BJA LLEBG Program Purpose Area #2.
Can OJP funds be used to establish a system for warning state agencies and schools of credible terrorist threats?
Yes, under the BJA Byrne Formula Grant Program Purpose Area #4 and BJA LLEBG Program Purpose Area #6. Also see Consequence Management Grants from OVC's Anti-Terrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes.
Can OJP funds be used to support the closed-circuit television monitoring of a criminal justice proceeding by terrorism victims?
Yes, under a Criminal Justice Support Grant from OVC's Anti-terrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes. This program is designed to facilitate victim participation in an investigation or prosecution directly related to the terrorist or mass violence event.
Can OJP funds be used by a state Victim Compensation Agency to assist victims of a terrorist attack, who were physically injured with obtaining prosthetic devices and/or eyeglasses?
Yes, under a Crime Victim Compensation Grant from OVC's Anti-Terrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes. This grant is designed to provide supplemental funding to a state crime victim compensation program to reimburse victims for out-of-pocket expenses related to their victimization.
Can OJP funds be used to support the use of an automated informational telephone service to update victims on the status of a criminal justice proceeding that involves the prosecution of a suspected terrorist?
Yes, under a Criminal Justice Support Grant from OVC's Anti-Terrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes. This grant is designed to facilitate victim participation in an investigation or prosecution directly related to the terrorist or mass violence event.
For Further Information on Equipment
Related Links:
BJA FY 2001 Edward Byrne Memorial State and Local Law Enforcement Assistance Fact Sheet (FY2001)
BJA Byrne Formula Purpose Areas
BJA FY 2001 Local Law Enforcement Block Grants (LLEBG) Program
BJA LLEBG Purpose Areas
ODP publications
OVC publications
Questions?
AskBJA@ojp.usdoj.gov
AskOSLDP@ojp.usdoj.gov
AskOVC@ojp.usdoj.gov