Updated February 17, 2023
The Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
The Edward Byrne Memorial Justice Assistance Grant
state is allowed to retain a portion of its funding equal to the
(JAG) program is a Department of Justice (DOJ) formula
ratio of the total amount of state expenditures on criminal
grant program. The JAG program allocates funds to the 50
justice to the total amount of expenditures on criminal
states, the District of Columbia, Puerto Rico, Guam, the
justice by both the state 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);
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; and
allocation. The balance of funds not awarded directly to
units of local government is administered by the state and
 state crisis intervention court proceedings and related
must be distributed to the state police department or to units
programs or initiatives, including mental health, drug,
of local government that were not eligible to receive a
and veterans courts, and extreme risk protection order
direct award from BJA. Also, each state is required to “pass
programs.
through” to units of local government a certain percentage
of the funds directly awarded to the state. The pass-through
JAG’s nine program purpose areas are intended to give
percentage is calculated using data on criminal justice
states and local units of government flexibility in creating
expenditures collected by the Bureau of Justice Statistics. A
programs to address local needs.
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link to page 2 The Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Appropriations
Science, and Related Agencies (CJS) Appropriations Act for each
There are two numbers to consider when evaluating
fiscal year, with the exception of FY2013. The FY2013 appropriation
changes in appropriations for the JAG program: the total (or
was provided by DOJ.
“top-line”) appropriation, and the amount available to be
Notes: Amounts shown in the table are in nominal, not inflation-
allocated through the JAG program after set-asides.
adjusted, dol ars. The FY2009 amounts include $2 bil ion in
Traditionally, Congress has dedicated some of the annual
emergency funding that was appropriated for JAG pursuant to the
JAG appropriation for other purposes, as specified in the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The
annual Commerce, Justice, Science, and Related Agencies
FY2013 appropriation is post-sequestration as implemented per the
(CJS) Appropriations Act. In many fiscal years, as a part of
Budget Control Act of 2011 (P.L. 112-25).
its annual budget submission, the Administration has also
requested that Congress set aside a portion of the annual
In FY2005 and FY2006, Congress required 15% and 23%,
JAG funding for specific purposes.
respectively, of the appropriation for JAG to be set aside for
other purposes. These set-asides are largely attributable to
Funding was first appropriated for the program in FY2005
the approximately $84 million that was dedicated to the
(see Table 1). Top-line funding for JAG since its inception
Boys and Girls Club of America, a carryover from one of
has averaged $474 million per fiscal year (not including $2
JAG’s predecessor programs, the Local Law Enforcement
billion in funding appropriated pursuant to the American
Block Grant. After Congress declined to dedicate JAG
Recovery and Reinvestment Act of 2009 [ARRA, P.L. 111-
funding to the Boys and Girls Club in FY2007, set-asides
5]).
accounted for 1%-4% of JAG’s total appropriation through
Table 1. Appropriations for the JAG Program,
FY2011 (for FY2009, the proportion dedicated to set-asides
FY2005-FY2023
does not include ARRA funding). Since then, set-asides
Appropriations in millions of dol ars
have generally accounted for an increasing share of JAG’s
funding.
Appropriation
Fiscal
Top-Line
after
Percent
Since FY2017, Congress and the President have funded
Year
Appropriation
Set-Asides
Set Aside
several DOJ grant programs (e.g., Project Safe
Neighborhoods, the John R. Justice program, programs
2005
$626
$529
15%
authorized under the Prison Rape Elimination Act, and the
Capital Litigation Improvement and Wrongful Conviction
2006
411
317
23%
Review program), which had traditionally received their
2007
520
500
4%
own line item appropriation in the annual CJS
appropriations act, through set-asides from JAG.
2008
170
166
2%
In FY2012 and FY2016, and from FY2020 to FY2023, at
2009
2,546
539
1%
least one-quarter of the total JAG appropriation was
dedicated for other purposes. Increases in set-asides in
2010
519
511
2%
FY2012, FY2016, and FY2020 are partially attributable to
2011
430
423
2%
Congress directing $100 million in JAG funding toward
reimbursing cities that hosted presidential nominating
2012
470
352
25%
conventions for security-related costs they incurred. For
FY2022 and FY2023, in addition to grant programs
2013
365
345
5%
historically funded through set-asides from JAG, Congress
included set-asides from JAG for Byrne Discretionary
2014
376
345
8%
Community Project grants (i.e., congressional directed
2015
376
333
12%
spending). Also, there has been a general increase in the
number of set-asides from JAG since FY2013 as Congress
2016
476
347
27%
has used these set-asides to fund more programs.
2017
403
335
17%
From FY2012 to FY2020, appropriations that are available
to be allocated through the JAG program after set-asides
2018
416
340
18%
were generally around $340 million each fiscal year. Post-
2019
424
330
22%
set-aside funding for JAG has increased in each of the last
four fiscal years. This indicates that even though more JAG
2020
547
349
36%
funding has been set aside for other purposes, Congress has
increased the top-line appropriation to account for
2021
484
360
26%
additional set-asides. However, funding available to be
2022
675
382
43%
allocated to state and local governments since FY2012 was
generally lower than what it was for FY2005 to FY2011.
2023
771
412
47%
Source: Appropriations were taken from the conference report or
Nathan James, Acting Section Research Manager
explanatory statement to accompany the annual Commerce, Justice,
IF10691
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The Edward Byrne Memorial Justice Assistance Grant (JAG) Program


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https://crsreports.congress.gov | IF10691 · VERSION 9 · UPDATED

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