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Consistent with appropriations from Congress, the OJP dispenses approximately $7 billion in various grants. Block grants are given to a state to be awarded pursuant to federal regulations. Some funds to support law enforcement and victims of crime are awarded pursuant to block grants. But most OJP funds are awarded through discretionary grants—specific programs written into the budget by Congress.

Although Congress dictates the way in which many grant awards are to be made, federal staff enjoy a tremendous amount of discretion in adding “conditions” and “priority points.” Grants operate with a carrot and a stick. To receive grant funding, a recipient must agree to certain conditions, which in many instances include the President’s priorities. For instance, under an anti-human trafficking grant during the Obama Administration (approximately $110 million in 2020), an awardee had to show a partnership with an LGBTQ organization and always have an interpreter on site. These conditions worked to change culture and overlayed President Obama’s priorities: support for the LGBTQ community and for more of the funding to go to areas with large immigrant populations.

During the Trump Administration, a condition added to grants stated that an awardee had to comply with all federal law (stock language), including federal law regarding the exchange of information between federal and local authorities about an individual’s immigration status. This condition prevented law enforcement in “sanctuary cities” from receiving grant awards. While the Trump Administration suffered a series of setbacks from several hostile courts, it obtained from the Second Circuit Court of Appeals a decision upholding the department’s authority to impose these conditions.”

To ensure that taxpayer-funded grants are prioritized and distributed properly, the next conservative Administration should:

• Conduct an immediate, comprehensive review of all federal grant disbursals to ensure not only that the programs are being properly administered by the department, but also that the grant funding is being received and used properly by recipients.

• Order an overhaul of the DOJ grant application process, to include more rigorous vetting of state, local, and private grant applicants and inclusion of more pre-application criteria to ensure baseline fitness and eligibility for federal grant dollars. This long-overdue enhancement of the grant application and issuance process will ensure that hard-earned taxpayer dollars are going only to lawful actors who support federal law enforcement and demonstrate the ability and willingness to engage in lawful activities.