Updated May 22, 2019
The Edward Byrne Memorial Justice Assistance Grant (JAG)
Program

The Edward Byrne Memorial Justice Assistance Grant
fiscal year to the total amount of expenditures on criminal
(JAG) program is a Department of Justice (DOJ) formula
justice by both the state and all units of local government in
grant program. The JAG program allocates funds to the 50
the past fiscal year.
states, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, America Samoa, and the Northern Mariana
Islands (collectively referred to as “states” hereinafter) for a
Disparate Allocation
variety of state and local criminal justice initiatives. The
In some instances, a unit of local government or
program is administered by the Bureau of Justice
multiple units of local government are required to
Assistance (BJA).
collaborate on a single joint award with the county.
This happens when BJA certifies that there is a
Calculating Allocations
“disparate allocation,” meaning that one city qualifies
Under the JAG formula, each state’s allocation is based on
for an amount that is one-and-a-half times more than
its population and the number of reported violent crimes in
the amount for the county with concurrent
the state. Specifically, half of a state’s allocation is based on
jurisdiction, or when the total amount cities in a single
the state’s respective share of the U.S. population. The
county qualify for is four-times more than the amount
other half is based on the state’s respective share of the
for the county. The unit or units of local government
average number of reported violent crimes in the United
and county representatives must sign and submit a
States for the three most recent years for which data are
memorandum of understanding stating that they all
available. Under current law, each state is guaranteed to
agree on how the joint award, which is the sum of all
receive no less than 0.25% of the amount appropriated for
of the individual awards, will be allocated and used.
the JAG program in a given fiscal year (i.e., the minimum
allocation). Therefore, after each state’s initial allocation is
Program Purpose Areas
calculated using the JAG formula, states that would have
Grant recipients can use their JAG funds for state and local
received less than 0.25% of the total amount appropriated
initiatives, technical assistance, training, personnel,
for the JAG program are funded at the minimum allocation.
equipment, supplies, contractual support, and criminal
If a state’s initial allocation is greater than the minimum
justice information systems for
amount, then the state receives the minimum allocation plus
a share of the remaining funds based on the state’s
 law enforcement;
proportion of the country’s population and the reported

number of violent crimes. Both population and violent
prosecution and courts;
crime data for the states that received the minimum
 prevention and education;
allocation as their award are excluded when allocating the
remaining funds for the states that receive more than the
 corrections and community corrections;
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, which
includes Indian tribes that have law enforcement
 mental health and related law enforcement and
responsibilities, are based on the jurisdiction’s proportion of
corrections programs, including behavioral programs
the three-year average number of violent crimes committed
and crisis intervention teams.
in its respective state. Only units of local government that
JAG’s eight broad program purpose areas are intended to
would receive $10,000 or more are eligible for a direct
give states and local units of government flexibility in
allocation. The balance of funds not awarded directly to
creating programs to address local needs.
units of local government is administered by the state and
must be distributed to the state police department or to
Appropriations
units of local government that were not eligible to receive a
There are two numbers to consider when evaluating
direct award from BJA. Also, each state is required to “pass
through”
changes in appropriations for the JAG program: the total (or
to units of local government a certain percentage
“top-line”) appropriation, and the amount available to be
of the funds directly awarded to the state. The pass-through
allocated through the JAG program after set-asides.
percentage is calculated as the ratio of the total amount of
Traditionally, Congress has dedicated some of the annual
state expenditures on criminal justice for the most recent
JAG appropriation for other purposes, as specified in the
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link to page 2 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
annual Commerce, Justice, Science, and Related Agencies
other purposes. These set-asides are largely attributable to
(CJS) Appropriations Act. In many fiscal years, as a part of
the approximately $84 million that was dedicated to the
its annual budget submission, the Administration has
Boys and Girls Club of America, a carryover from one of
requested that Congress set aside a portion of the annual
JAG’s predecessor programs, the Local Law Enforcement
JAG funding for specific purposes.
Block Grant. After Congress declined to dedicate JAG
funding to the Boys and Girls Club in FY2007, set-asides
Total funding for JAG has averaged $435 million per fiscal
accounted for 1%-4% of JAG’s total appropriation through
year (not including $2 billion in funding appropriated
FY2011 (for FY2009, the proportion dedicated to set-asides
pursuant to the American Recovery and Reinvestment Act
does not include ARRA funding). Since then, set-asides
of 2009 (ARRA, P.L. 111-5)). Funding was first
have accounted for an increasing share of JAG’s funding. In
appropriated for the program in FY2005 (see Table 1).
FY2012 and FY2016, more than one-quarter of the total
JAG appropriation was dedicated for other purposes. In
Table 1. Appropriations for the JAG Program,
both of those fiscal years, Congress directed $100 million in
FY2005-FY2019
JAG funding toward reimbursing cities that hosted
Appropriations in millions of dollars
presidential nominating conventions for security-related
costs they incurred. Excluding these anomalies, set-asides
Appropriation
accounted for 5% of total JAG funding in FY2013, 8% in
Fiscal
Top-Line
after
Percent
FY2014, 12% in FY2015, 17% in FY2017, 18% in
Year
Appropriation
Set-Asides
Set Aside
FY2018, and 22% in FY2019.
2005
$626
$529
15%
Since FY2017, Congress and the President have also started
2006
411
317
23%
to fund several DOJ grant programs (e.g., Project Safe
Neighborhoods, the John R. Justice program, programs
2007
520
500
4%
authorized under the Prison Rape Elimination Act, and the
2008
170
166
2%
Capital Litigation Improvement and Wrongful Conviction
Review program), which had traditionally received their
2009
2,546
539
1%
own appropriation in the annual CJS appropriations act,
2010
519
511
2%
through set-asides from JAG. Congress might have started
setting aside JAG funding for these programs as a way to
2011
430
423
2%
continue to fund them while minimizing increases in
2012
470
352
25%
appropriations for the State and Local Law Enforcement
Assistance (S&LLEA) account in the CJS appropriations
2013
365
345
5%
act. During this period, funding for S&LLEA has increased
somewhat as funding has been provided for programs to
2014
376
345
8%
address the opioid crisis, combat human trafficking,
2015
376
333
12%
improve the completeness of records in the National Instant
Criminal Background Check System, and improve police-
2016
476
347
27%
community relations. For FY2019, Project Safe
2017
403
335
17%
Neighborhoods ($20 million), the John R. Justice program
($2 million), programs under the Prison Rape Elimination
2018
416
340
18%
Act ($16 million), and the Capital Litigation Improvement
2019
424
330
22%
and Wrongful Conviction Review program ($5 million)
were funded through the JAG program.
Source: Appropriations were taken from the conference report or
explanatory statement to accompany the annual Commerce, Justice,
Since FY2012, appropriations that are available to be
Science, and Related Agencies (CJS) Appropriations Act for each
allocated through the JAG program have generally been
fiscal year, with the exception of FY2013. The FY2013 appropriation
around $340 million each fiscal year. This indicates that
was provided by DOJ.
even though more JAG funding has been set-aside for other
purposes, Congress has increased the top-line appropriation
Notes: Amounts shown in the table are in nominal, not inflation-
to account for additional set-asides. However, funding
adjusted, dollars. The FY2009 amounts include $2 billion in
available to be allocated to state and local governments
emergency funding that was appropriated for JAG pursuant to the
since FY2012 was generally lower than what it was for
American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The
FY2005 to FY2011.
FY2013 appropriation also includes the amount sequestered per the
Budget Control Act of 2011(P.L. 112-25).
Nathan James, Analyst in Crime Policy
In FY2005 and FY2006, Congress required 15% and 23%,
IF10691
respectively, of the appropriation for JAG to be set aside for

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The Edward Byrne Memorial Justice Assistance Grant (JAG) Program



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