Edward Byrne Memorial Justice Assistance Grant (JAG) Program: In Brief
Released: 2016-01-28T00:00:00

Background

Historically, crime control has been the responsibility of local and state governments, with little involvement from the federal government. However, as crime became more rampant in the United States, the federal government increased its support for domestic crime control by creating a series of grant programs designed to assist state and local law enforcement. In the late 1980s through the mid-1990s, Congress created the Edward Byrne Memorial Formula Grant (Byrne Formula Grant) program and the Local Law Enforcement Block Grant (LLEBG) program, along with other grant programs, to assist state and local law enforcement in their efforts to control domestic crime. In 2005, however, legislation was enacted that combined the Byrne Formula Grant and LLEBG programs into the Edward Byrne Memorial Justice Assistance Grant (JAG) program.

This report provides background information on the JAG program. It begins with a discussion of the programs that were combined to form the JAG program: the Byrne Formula Grant and LLEBG programs. The report then provides an overview of the JAG program. This is followed by a review of appropriations for JAG and its predecessor programs going back to FY1998.

JAG Predecessor Grant Programs

As mentioned, prior to creating the JAG program in the middle part of the past decade, Congress provided federal assistance to state and local governments for a variety of criminal justice programs through the Byrne Formula Grant and LLEBG programs. Each program is briefly described below.

Edward Byrne Memorial Formula Grant Program

The Byrne Formula Grant program was authorized by the Anti-Drug Abuse Act of 1988 ( P.L. 100-690 ). Funds awarded to states under the Byrne Formula Grant program were to be used to provide personnel, equipment, training, technical assistance, and information systems for more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of offenders who violate state and local laws. Grant funds could also be used to provide assistance (other than compensation) to victims of crime. Twenty-nine "purposes areas" were established by Congress to define the nature and scope of the programs and projects that could be funded with the formula grant funds.

The Local Law Enforcement Block Grant Program

The purpose of the LLEBG program, which was also a formula grant program, was to provide units of local government with federal grant funds so they could either hire police officers or create programs that would combat crime and increase public safety. Like the Byrne Formula Grant program, LLEBG had program purpose areas outlining what types of programs LLEBG funds could support. There were six program purpose areas that governed how state and local governments could use their funding under the LLEBG program.

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

The Violence Against Women and Department of Justice Reauthorization Act of 2005 ( P.L. 109-162 ) combined the Byrne Grant programs and LLEBG into the Edward Byrne Memorial Justice Assistance Grant program (JAG). Congress consolidated the programs to streamline the process for states applying for funding under the programs.

JAG funds are allocated to the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, America Samoa, and the Northern Mariana Islands. The formula used by the JAG program to allocate funds combines elements of the formulas used in the Byrne Formula Grant program and LLEBG. Under the current JAG formula, the total funding allocated to a state is based on the state's population and reported violent crimes. Specifically, half of a state's allocation is based on a state's respective share of the United States' population. The other half is based on the state's respective share of the average number of reported violent crimes in the United States for the three most recent years for which data are available. Under current law, each state and territory is guaranteed to receive no less than 0.25% of the amount appropriated for the JAG program in a given fiscal year (i.e., the minimum allocation). Therefore, after each state's allocation is calculated using the JAG formula, if a state's allocation is less than the minimum allocation, the state receives the minimum allocation as its award. If a state's initial allocation was greater than the minimum amount, then the state receives the minimum allocation plus a share of the remaining funds based on the state's proportion of the country's population and the reported number of violent crimes (population and violent crime data for the states that received the minimum allocation as their award are excluded when allocating the remaining funds for the states that receive more than the minimum allocation).

After each state's allocation is calculated, 40% of the state's allocation is directly awarded to units of local government. Awards to units of local government under JAG are made the same way they were under LLEBG; namely, each unit of local government's award is based on the jurisdiction's proportion of the average number of violent crimes committed in its respective state. Only units of local government that would receive $10,000 or more are eligible for a direct allocation. The balance of funds not awarded directly to units of local government is administered by the state, which must be distributed to state police departments that provide criminal justice services to units of local government and to units of local government who were not eligible to receive a direct award from Bureau of Justice Assistance (BJA). Also, like the Byrne Formula Grant program, each state is required to "pass through" a certain percentage of the funds directly awarded to the state. For JAG, the pass-through percentage is calculated as the ratio of the total amount of expenditures on criminal justice by the state for the most recent fiscal year to the total amount of expenditures on criminal justice by both the state and all units of local government in the past fiscal year.

The Violence Against Women and Department of Justice Reauthorization Act of 2005 consolidated the program purpose areas under the Byrne Formula Grant and LLEBG programs into a total of seven program purpose areas under the JAG program. The seven broad program purpose areas are intended to give states and local units of government flexibility in creating programs to address local needs. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems to improve or enhance such areas as

law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs (other than compensation).

The program purposes areas are broad enough to allow programs funded under the Byrne Grant program and LLEBG to continue to be funded under JAG.

Appropriations for the Byrne Formula Grant, LLEBG, and JAG Programs

Funding for JAG has averaged $440 million per fiscal year since Congress started appropriating funding for the program in FY2005. However, as shown in Table 1 , funding for the program fluctuated over that time period. The appropriations data also show that there has been a general downward trend in providing assistance to state and local law enforcement through these formula grant programs. Trends in funding for the Byrne Formula Grant, LLEBG, and JAG programs roughly mirror those of other Department of Justice (DOJ) grant accounts. The amounts appropriated for JAG over the fiscal years have been below the amount authorized for the program, which was $1.095 billion per fiscal year for FY2006-FY2012. Since funding was authorized for the program in FY2006, the most Congress appropriated for JAG—$546 million for FY2009—represented 50% of the amount authorized per fiscal year.