Evaluation of Policy Options Analysis for Increasing LEOs for

The analysis of these policy options will be based on the criteria described in the methodology section of Chapter I. As a reminder, effectiveness here refers to the increase in the number of LEOs

a. Policy Option 1: The Exception to the Status Quo

(1) Effectiveness. The exception to the status quo is an ineffective option for increasing the number of LEOs for Tier II mass transit agencies. Presently, only the TSGP has a provision that allows for the funding of law enforcement officers

(LEOs) for mass transit, and that provision is only available to Tier I mass transit agencies, through OPacks. There has been an exception made in the past, which has enabled Tier II mass transit agencies to apply for LEOs through OPacks. This exception was in FY 09 under the ARRA supplemental funding (DHS, 2009a); however, even with that exception, Tier II mass transit agencies were required to have law enforcement staffing levels of at least 100 sworn officers (DHS, 2009a). Since this option cannot be relied on, it is an ineffective option for increasing the number of LEOs for Tier II mass transit agencies. This option is likely to result in no increase in LEOs.

(2) Cost. The exception to the status quo has no to low cost associated with it since this option is only available to Tier II mass transit agencies under exceptional circumstances. Even when the option was available, it was on a limited basis since Tier II mass transit agencies were required to have law enforcement staffing levels of at least 100 sworn officers. Zero costs are estimated and will be applied to this cost.

(3) Level of Effort. The exception to the status quo has no to low levels of effort associated with it, since it would require no new statutory authority and is not likely to increase the administrative burden on Tier II mass transit agencies.

(4) Political Acceptability. The exception to the status quo would likely be politically acceptable to two of the three entities considered, the TSA, since it is part of an existing program, and the Congress, since it falls within the statutory limitations of the 9/11 Commission Act. The option is unlikely to be politically acceptable to Tier II mass transit agencies based on the interviews of Chiefs of Police.

b. Policy Option 2: Authorize Tier II Mass Transit Agencies to Apply for ATT OPacks Available to Tier I Mass Transit Agencies

(1) Effectiveness. Given that a $27.3 million budget that was available to Tier II mass transit agencies in the FY ’10 TSGP grant cycle; and 20 percent of that budget could be used for operational costs (DHS, 2009b); then $5.46 million was available for OPacks. Therefore, 3.6 ATT OPacks, consisting of four LEOs each, or a total of 14.4 LEOs, could be procured within that budgeted amount.

(2) Cost. The cost per LEO is computed by dividing the $5.46 million budgeted amount, by the 14.4 LEOs that could be procured, for an average cost of

$379,166 per LEO for the three year grant life.

(3) Level of effort. Authorizing Tier II mass transit agencies to apply for OPacks available to Tier I mass transit agencies would require no new statutory authority, but would increase the administrative burden on Tier II mass transit agencies since they would be required to hire, and train the LEO’s and administer the grant.

(4) Political Acceptability. Authorizing Tier II mass transit agencies to apply for OPacks available to Tier I mass transit agencies would likely be acceptable to two of the three entities considered, the Tier II mass transit agencies, since they would be the recipients of the LEOs, and the Congress since the option is not prohibited by the 9/11 Commission Act. However since it is not already part of the grant guidance it is likely to be politically unacceptable to the TSA.

c. Policy Option 3: Create a New Program Administered by the TSA Within the TSGP to Fund LEOs for Tier II Mass Transit Agencies

(1) Effectiveness. Given that $27.3 million budget was available to Tier II mass transit agencies in the FY ’10 TSGP grant cycle, and 20 percent of that budget could be used for operational costs (DHS, 2009b), then $5.46 million was available and will be used as the basis for comparison of this option.

Given that a $298 million budget was available in FY 10 for the U.S. DOJ’s COPS grant cycle, and that 1,388 LEOs were hired (DOJ, 2010d), then the average cost per LEO under the COPS grant program can be computed by dividing the budgeted amount of $298 million by 1,388 (DOJ, 2010d); resulting in an average cost of

$214,697 per officer for the COPS program.

Given that $5.46 million was available to Tier II mass transit agencies in the FY '10 TSGP grant cycle for operational costs (DHS, 2009b), this figure will be used for comparison purposes and divided by the average cost of a LEO under the U.S. DOJ COPS program, which is $214,697 per officer. This figure will be used for

comparison purposes and divided by the average cost of a LEO under the U.S. DOJ COPS program, which is $214,697 per officer. Therefore, $5.46 million divided by

$214,697, results in the equivalent of 25.43 LEOs if a grant program similar to the U.S.

DOJ COPS program was used.

(2) Cost. For comparison purposes, the cost per LEO is computed by dividing the $5.46 million budgeted amount, by 25.43 LEOs, resulting in an average cost of $214,697 per LEO for the three year grant life.

(3) Level of Effort. Creating a new program administered by the TSA within the TSGP to fund LEOs for Tier II mass transit agencies would require new statutory authority. The new program would also increase the administrative burden on Tier II mass transit agencies since they would be required to hire and train the LEO’s as well as administer the grant.

(4) Political Acceptability. Creating a new program administered by the TSA within the TSGP to fund LEOs for Tier II mass transit agencies would likely be acceptable to one of the three entities considered, namely the Tier II mass transit agencies, since they would be the recipients of the LEOs, and the interviews of Chiefs of Police support this option. However since it is not already part of the grant guidance this option is likely to be politically unacceptable to the TSA. Nor is the policy option within the authority of the 9/11 Commission Act and therefore judged as not politically acceptable to the Congress.