Updated May 16, 2022
The Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
The Edward Byrne Memorial Justice Assistance Grant
is the ratio, for the most recent fiscal year, of the total
(JAG) program is a Department of Justice (DOJ) formula
amount of state expenditures on criminal justice to the total
grant program. The JAG program allocates funds to the 50
amount of expenditures on criminal justice by both the state
states, the District of Columbia, Puerto Rico, Guam, the
and all units of local government.
Virgin Islands, America Samoa, and the Northern Mariana
Islands (collectively referred to as “states” hereinafter) for a
variety of state and local criminal justice initiatives. The
Disparate Allocation
program is administered by the Bureau of Justice
In some instances, a unit of local government or
Assistance (BJA).
multiple units of local government are required to
collaborate on a single joint award with the county.
Calculating Allocations
This happens when BJA certifies that there is a
Under the JAG formula, each state’s allocation is based on
“disparate allocation,” meaning that one city qualifies
its population and the number of reported violent crimes in
for an amount that is one-and-a-half times more than
the state. Specifically, half of a state’s allocation is based on
the amount for the county with concurrent
the state’s respective share of the U.S. population, using the
jurisdiction, or when the total amount for which cities
most recent population figures published by the Census
in a single county qualify is four-times more than the
Bureau. The other half is based on the state’s respective
amount for the county. The unit or units of local
share of the average number of violent crimes reported to
government and county representatives must sign and
the Federal Bureau of Investigation for the three most
submit a memorandum of understanding stating that
recent years for which data are available. Under current
they all agree on how the joint award, which is the
law, each state is guaranteed to receive no less than 0.25%
sum of all of the individual awards, will be allocated
of the amount appropriated for the JAG program in a given
and used.
fiscal year (i.e., the minimum allocation). Therefore, after
each state’s initial allocation is calculated using the JAG
Program Purpose Areas
formula, states that would have received less than 0.25% of
Grant recipients can use their JAG funds for state and local
the total amount appropriated for the JAG program are
initiatives, technical assistance, training, personnel,
funded at the minimum allocation. Non-minimum
equipment, supplies, contractual support, and criminal
allocation states receive the minimum allocation plus a
justice information systems for
share of the funds remaining after all states receive the
minimum allocation. The remaining funds are allocated
law enforcement;
among the non-minimum allocation states using the JAG
formula, except that both population and violent crime data
prosecution and courts;
for the states that received the minimum allocation as their
prevention and education;
award are excluded when allocating the remaining funds.
corrections and community corrections;
After each state’s allocation is determined, 40% of it is
drug treatment;
directly awarded to units of local government in the state
(this does not occur in the District of Columbia or the
planning, evaluation, and technology improvement;
territories). Awards to units of local government, which
crime victim and witness assistance (other than
includes Indian tribes that have law enforcement
compensation); and
responsibilities, are based on the jurisdiction’s proportion of
the three-year average number of violent crimes committed
mental health and related law enforcement and
in its respective state. Only units of local government that
corrections programs, including behavioral programs
would receive $10,000 or more are eligible for a direct
and crisis intervention teams.
allocation. The balance of funds not awarded directly to
units of local government is administered by the state and
JAG’s eight broad program purpose areas are intended to
must be distributed to the state police department or to units
give states and local units of government flexibility in
of local government that were not eligible to receive a
creating programs to address local needs.
direct award from BJA. Also, each state is required to “pass
through” to units of local government a certain percentage
Appropriations
of the funds directly awarded to the state. The pass-through
There are two numbers to consider when evaluating
percentage is calculated using data on criminal justice
changes in appropriations for the JAG program: the total (or
expenditures collected by the Bureau of Justice Statistics; it
“top-line”) appropriation, and the amount available to be
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link to page 2 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
allocated through the JAG program after set-asides.
fiscal year, with the exception of FY2013. The FY2013 appropriation
Traditionally, Congress has dedicated some of the annual
was provided by DOJ.
JAG appropriation for other purposes, as specified in the
Notes: Amounts shown in the table are in nominal, not inflation-
annual Commerce, Justice, Science, and Related Agencies
adjusted, dol ars. The FY2009 amounts include $2 bil ion in
(CJS) Appropriations Act. In many fiscal years, as a part of
emergency funding that was appropriated for JAG pursuant to the
its annual budget submission, the Administration has also
American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The
requested that Congress set aside a portion of the annual
FY2013 appropriation is post-sequestration as implemented per the
JAG funding for specific purposes.
Budget Control Act of 2011 (P.L. 112-25).
Funding was first appropriated for the program in FY2005
In FY2005 and FY2006, Congress required 15% and 23%,
(see Table 1). Top-line funding for JAG since its inception
respectively, of the appropriation for JAG to be set aside for
has averaged $457 million per fiscal year (not including $2
other purposes. These set-asides are largely attributable to
billion in funding appropriated pursuant to the American
the approximately $84 million that was dedicated to the
Recovery and Reinvestment Act of 2009 [ARRA, P.L. 111-
Boys and Girls Club of America, a carryover from one of
5]).
JAG’s predecessor programs, the Local Law Enforcement
Table 1. Appropriations for the JAG Program,
Block Grant. After Congress declined to dedicate JAG
FY2005-FY2021
funding to the Boys and Girls Club in FY2007, set-asides
Appropriations in millions of dol ars
accounted for 1%-4% of JAG’s total appropriation through
FY2011 (for FY2009, the proportion dedicated to set-asides
Appropriation
does not include ARRA funding). Since then, set-asides
Fiscal
Top-Line
after
Percent
have accounted for an increasing share of JAG’s funding.
Year
Appropriation
Set-Asides
Set Aside
Since FY2017, Congress and the President have funded
2005
$626
$529
15%
several DOJ grant programs (e.g., Project Safe
Neighborhoods, the John R. Justice program, programs
2006
411
317
23%
authorized under the Prison Rape Elimination Act, and the
2007
520
500
4%
Capital Litigation Improvement and Wrongful Conviction
Review program), which had traditionally received their
2008
170
166
2%
own line item appropriation in the annual CJS
appropriations act, through set-asides from JAG.
2009
2,546
539
1%
In FY2012, FY2016, FY2020, FY2021, and FY2022, at
2010
519
511
2%
least one-quarter of the total JAG appropriation was
2011
430
423
2%
dedicated for other purposes. Increases in set-asides in
FY2012, FY2016, and FY2020 are partially attributable to
2012
470
352
25%
Congress directing $100 million in JAG funding toward
reimbursing cities that hosted presidential nominating
2013
365
345
5%
conventions for security-related costs they incurred. For
FY2022, in addition to supporting historically funded grant
2014
376
345
8%
programs through set-asides from JAG, Congress included
2015
376
333
12%
a $185 million set-aside from JAG for Byrne Discretionary
Community Project grants.
2016
476
347
27%
From FY2012 to FY2020, appropriations that are available
2017
403
335
17%
to be allocated through the JAG program after set-asides
2018
416
340
18%
were generally around $340 million each fiscal year. Post-
set-aside funding for JAG has increased in each of the last
2019
424
330
22%
three fiscal years. This indicates that even though more
JAG funding has been set aside for other purposes,
2020
547
349
36%
Congress has increased the top-line appropriation to
account for additional set-asides. However, funding
2021
484
360
26%
available to be allocated to state and local governments
2022
675
382
43%
since FY2012 was generally lower than what it was for
FY2005 to FY2011.
Source: Appropriations were taken from the conference report or
explanatory statement to accompany the annual Commerce, Justice,
Nathan James, Analyst in Crime Policy
Science, and Related Agencies (CJS) Appropriations Act for each
IF10691
https://crsreports.congress.gov
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Disclaimer
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