Updated July 5, 2018
The Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
The Edward Byrne Memorial Justice Assistance Grant
by both the state and all units of local government in the
(JAG) program is a Department of Justice (DOJ) formula
past fiscal year.
grant program. The JAG program allocates funds to the 50
states, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, America Samoa, and the Northern Mariana
Disparate Allocation
Islands (collectively referred to as “states” hereinafter) for a
In some instances, a unit of local government or
variety of state and local criminal justice initiatives. The
multiple units of local government are required to
program is administered by the Bureau of Justice
collaborate on a single joint award with the county.
Assistance (BJA).
This happens when BJA certifies that there is a
“disparate allocation,” meaning that one city qualifies
Calculating Allocations
for an amount that is one-and-a-half times more than
Under the JAG formula, each state’s allocation is based on
the amount for the county with concurrent
its population and reported violent crimes. Specifically, half
jurisdiction, or multiple cities qualify for an amount
of a state’s allocation is based on the state’s respective
that is four-times more than the amount for the
share of the U.S. population. The other half is based on the
county. The unit or units of local government and
state’s respective share of the average number of reported
county representatives must sign and submit a
violent crimes in the United States for the three most recent
memorandum of understanding stating that they all
years for which data are available. Under current law, each
agree on how the joint award will be allocated and
state is guaranteed to receive no less than 0.25% of the
used.
amount appropriated for the JAG program in a given fiscal
year (i.e., the minimum allocation). Therefore, after each
Program Purpose Areas
state’s initial allocation is calculated using the JAG
Grant recipients can use their JAG funds for state and local
formula, states that would have received less than 0.25% of
initiatives, technical assistance, training, personnel,
the total amount appropriated for the JAG program are
equipment, supplies, contractual support, and criminal
funded at the minimum allocation. If a state’s initial
justice information systems for
allocation is greater than the minimum amount, then the
state receives the minimum allocation plus a share of the
law enforcement;
remaining funds based on the state’s proportion of the
country’s population and the rep
orted number of violent
prosecution and courts;
crimes. Both population and violent crime data for the
prevention and education;
states that received the minimum allocation as their award
are excluded when allocating the remaining funds for the
corrections and community corrections;
states that receive more than the minimum allocation.
drug treatment;
After each state’s allocation is determined, 40% of it is
planning, evaluation, and technology improvement;
directly awarded to units of local government in the state
crime victim and witness assistance (other than
(this does not occur in the District of Columbia or the
compensation); and
territories). Awards to units of local government are based
on the jurisdiction’s proportion of the three-year average
mental health and related law enforcement and
number of violent crimes committed in its respective state.
corrections programs, including behavioral programs
Only units of local government that would receive $10,000
and crisis intervention teams.
or more are eligible for a direct allocation. The balance of
JAG’s eight broad program purpose areas are intended to
funds not awarded directly to units of local government is
give states and local units of government flexibility in
administered by the state and must be distributed to the
creating programs to address local needs.
state police department or to units of local government that
were not eligible to receive a direct award from BJA. Also,
Appropriations
each state is required to “pass through” to units of local
There are two numbers to consider when evaluating
government a certain percentage of the funds directly
changes in appropriations for the JAG program: the total (or
awarded to the state. The pass-through percentage is
“top-line”) appropriation, and the amount available to be
calculated as the ratio of the total amount of state
allocated through the JAG program after set-asides.
expenditures on criminal justice for the most recent fiscal
Traditionally, Congress has dedicated some of the annual
year to the total amount of expenditures on criminal justice
JAG appropriation for other purposes, as specified in the
annual Commerce, Justice, Science, and Related Agencies
https://crsreports.congress.gov
link to page 2 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
(CJS) Appropriations Act. In many fiscal years, as a part of
Boys and Girls Club of America, a carryover from one of
its annual budget submission, the Administration has
JAG’s predecessor programs, the Local Law Enforcement
requested that Congress set aside a portion of the annual
Block Grant. After Congress declined to dedicate JAG
JAG funding for specific purposes.
funding to the Boys and Girls Club in FY2007, set-asides
accounted for 1%-4% of JAG’s total appropriation through
Total funding for JAG has averaged $436 million per fiscal
FY2011 (for FY2009, the proportion dedicated to set-asides
year (not including $2 billion in funding appropriated
does not include ARRA funding). Since then, set-asides
pursuant to the American Recovery and Reinvestment Act
have accounted for an increasing share of JAG’s funding. In
of 2009 (ARRA, P.L. 111-5)) funding was first
FY2012 and FY2016, approximately one-quarter of the
appropriated for the program in FY2005 (see Table 1).
total JAG appropriation was dedicated for other purposes.
In both of those fiscal years, Congress directed $100
Table 1. Appropriations for the JAG Program,
million in JAG funding toward reimbursing cities that
FY2005-FY2017
hosted presidential nominating conventions for security-
Appropriations in millions of dol ars
related costs they incurred. Excluding these anomalies, set-
asides accounted for 5% of total JAG funding in FY2013,
Appropriation
8% in FY2014, 12% in FY2015, 17% in FY2017, and 18%
Fiscal
Top-Line
after
Percent
in FY2018.
Year
Appropriation
Set-Asides
Set Aside
In recent fiscal years, Congress and the President have also
2005
$626
$529
15%
started to fund DOJ grant programs, which had traditionally
2006
411
317
23%
received their own appropriation in the annual CJS
appropriations act, through set-asides from JAG. Congress
2007
520
500
4%
might have started setting aside JAG funding for these
2008
170
166
2%
programs as a way to continue to fund them while
minimizing increases in appropriations for the State and
2009
2,546
539
1%
Local Law Enforcement Assistance (S&LLEA) account in
2010
519
511
2%
the CJS appropriations act. During this period, funding for
S&LLEA has increased somewhat as funding has been
2011
430
423
2%
provided for programs to address the opioid crisis, combat
human trafficking, improve the completeness of records in
2012
470
352
25%
the National Instant Criminal Background Check System,
2013
365
345
5%
and improve police-community relations. In FY2015, $11
million in JAG funding was dedicated to the Byrne
2014
376
345
8%
Criminal Justice Innovation program. For FY2017, Project
2015
376
333
12%
Safe Neighborhoods (PSN, $7 million), the John R. Justice
program ($2 million), Capital Litigation Improvement and
2016
476
347
27%
Wrongful Conviction Review ($3 million), and Prison Rape
2017
403
335
17%
Elimination Act (PREA, $11 million) were provided
funding from the JAG program. For FY2018, PSN ($20
2018
416
340
18%
million), the John R. Justice program ($2 million), and
Source: Appropriations were taken from the conference report or
PREA ($16 million) were provided funding from the JAG
explanatory statement to accompany the annual Commerce, Justice,
program. In addition, for FY2018, $16 million in JAG
Science, and Related Agencies (CJS) Appropriations Act for each
funding was dedicated to the Federal Emergency Law
fiscal year, with the exception of FY2013. The FY2013 appropriation
Enforcement Assistance program.
was provided by DOJ.
Since FY2012, appropriations that are available to be
Notes: Amounts shown in the table are in nominal, not inflation-
allocated through the JAG program have generally been
adjusted, dol ars. The FY2009 amounts include $2 bil ion in
around $340 million each fiscal year. This indicates that
emergency funding that was appropriated for JAG pursuant to the
even though more JAG funding has been set-aside for other
American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The
purposes, Congress has increased the top-line appropriation
FY2013 appropriation also includes the amount sequestered per the
to account for additional set-asides. However, funding
Budget Control Act of 2011(P.L. 112-25).
available to be allocated to state and local governments
since FY2012 was generally lower than what it was for
In FY2005 and FY2006, Congress required 15% and 23%,
FY2005 to FY2011.
respectively, of the appropriation for JAG to be set aside for
other purposes. These set-asides are largely attributable to
Nathan James, Analyst in Crime Policy
the approximately $84 million that was dedicated to the
IF10691
https://crsreports.congress.gov
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10691 · VERSION 3 · UPDATED