Updated April 25, 2024
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
Appropriation
There are two numbers to consider when evaluating
Fiscal
Top-Line
after
Percent
changes in appropriations for the JAG program: the total (or
Year
Appropriation
Set-Asides
Set Aside
top-line) appropriation, and the amount available to be
allocated through the JAG program after set-asides.
2024
924
346
63%
Traditionally, Congress has dedicated some of the annual
JAG appropriation for other purposes, as specified in the
Source: Appropriations were taken from the conference report or
annual Commerce, Justice, Science, and Related Agencies
explanatory statement to accompany the annual Commerce, Justice,
(CJS) Appropriations Act. In many fiscal years, as a part of
Science, and Related Agencies (CJS) Appropriations Act for each
its annual budget submission, the Administration has also
fiscal year, with the exception of FY2013. The FY2013 appropriation
requested that Congress set aside a portion of the annual
was provided by DOJ.
JAG funding for specific purposes.
Notes: Amounts shown in the table are in nominal, not inflation-
adjusted, dol ars. The FY2013 appropriation is post-sequestration as
Table 1 provides information on JAG appropriations for the
implemented per the Budget Control Act of 2011 (P.L. 112-25).
past 15 fiscal years. Top-line funding for JAG since
FY2010 has averaged $510 million per fiscal year. The post
The top-line appropriation for JAG generally decreased
set-aside appropriation for JAG has averaged $367 million
from FY2010 through FY2013, but it has mostly increased
over the past 15 fiscal years.
since then. In comparison, the appropriation after set-asides
Table 1. Appropriations for the JAG Program,
also decreased from FY2010 through FY2013, but since
FY2010-FY2024
then it has generally been in the range of $330 million to
$350 million (though it was somewhat higher in FY2021,
Appropriations in millions of dol ars
FY2022, and FY2023). Congress has increased the top-line
Appropriation
figure for JAG as more funding has been set aside for non-
Fiscal
Top-Line
after
Percent
JAG programs. In FY2010, two programs were funded
Year
Appropriation
Set-Asides
Set Aside
through set-asides from JAG. In FY2016, five programs
were funded through set-asides from JAG and $100 million
2010
519
511
2%
was dedicated for reimbursing cities that hosted presidential
nominating conventions for security-related costs they
2011
430
423
2%
incurred. Since FY2017, Congress has funded several DOJ
grant programs (e.g., Project Safe Neighborhoods, the John
2012
470
352
25%
R. Justice program, programs authorized under the Prison
Rape Elimination Act, and the Capital Litigation
2013
365
345
5%
Improvement and Wrongful Conviction Review program),
2014
376
345
8%
which had traditionally received their own line item
appropriation in the annual CJS appropriations act, through
2015
376
333
12%
set-asides from JAG. In addition, since FY2017 Congress
started funding an increasing number of programs that did
2016
476
347
27%
not traditionally have their own line-item appropriation but
2017
403
335
17%
rather exist solely as a set-aside from the JAG program.
This includes funding for Byrne Discretionary Community
2018
416
340
18%
Project grants (i.e., congressional directed spending), which
were first included in FY2022. For FY2024, there were 17
2019
424
330
22%
programs funded through set-asides from JAG and $125
million dedicated for security at presidential nominating
2020
547
349
36%
conventions.
2021
484
360
26%
Nathan James, Analyst in Crime Policy
2022
675
382
43%
IF10691
2023
771
412
47%


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The Edward Byrne Memorial Justice Assistance Grant (JAG) Program


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https://crsreports.congress.gov | IF10691 · VERSION 10 · UPDATED

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