Congress Nearly Tripled the Number It Cites for the Byrne JAG Crime Grant. What States and Cities Actually Get Hasn't Moved Since 2013.
Summary
The Edward Byrne Memorial Justice Assistance Grant is the leading source of federal criminal-justice funding to state and local governments, paying for police, prosecutors, drug courts, and victim services in 1,230 communities. Its advertised appropriation grew from $365 million in FY2013 to $964 million in FY2026. After the set-asides Congress carves out first, the money that actually reaches states and cities is $346 million — one million dollars more than in FY2013, per the Congressional Research Service's own accounting.
Two numbers, one program
JAG money funds "personnel, equipment, supplies, contractual support, training, technical assistance, and information systems" across nine statutory purpose areas: law enforcement; prosecution and courts; prevention and education; corrections and community corrections; drug treatment; planning and technology; crime victim and witness assistance; mental health and crisis-intervention teams; and state crisis-intervention courts — drug courts, veterans courts, mental health courts, per BJA's program fact sheet. Since fiscal 2005, BJA says it has funded nearly 26,000 direct JAG awards nationwide, totaling more than $8.2 billion.
But every year's JAG appropriation carries two figures worth separating. There is the "top-line" number — the total Congress puts in the JAG line of the Commerce-Justice-Science appropriations act. And there is the amount "after set-asides" — what's left once Congress finishes carving out pieces of that same line for other grant programs that used to have (or never had) their own budget line: Project Safe Neighborhoods, the John R. Justice loan-repayment program, Prison Rape Elimination Act grants, and — since FY2022 — congressionally directed Byrne Discretionary Community Project earmarks. Only the money left after set-asides is what actually runs through JAG's population-and-violent-crime formula and reaches a state or local government, the CRS explains in its most recent update to its JAG brief.
The two numbers used to track each other closely. They no longer do.
View data as table
| FY2012 | 25% set aside | $470M topline → $352M after set-asides |
|---|---|---|
| FY2013 | 5% set aside | $365M topline → $345M after set-asides |
| FY2014 | 8% set aside | $376M topline → $345M after set-asides |
| FY2015 | 12% set aside | $376M topline → $333M after set-asides |
| FY2016 | 27% set aside | $476M topline → $347M after set-asides |
| FY2017 | 17% set aside | $403M topline → $335M after set-asides |
| FY2018 | 18% set aside | $416M topline → $340M after set-asides |
| FY2019 | 22% set aside | $424M topline → $330M after set-asides |
| FY2020 | 36% set aside | $547M topline → $349M after set-asides |
| FY2021 | 26% set aside | $484M topline → $360M after set-asides |
| FY2022 | 43% set aside | $675M topline → $382M after set-asides |
| FY2023 | 47% set aside | $771M topline → $412M after set-asides |
| FY2024 | 63% set aside | $924M topline → $346M after set-asides |
| FY2025 | 21% set aside | $499M topline → $396M after set-asides |
| FY2026 | 64% set aside | $964M topline → $346M after set-asides |
In FY2013, only 5% of the JAG appropriation was set aside for other programs — the rest, $345 million, ran through the formula. In FY2026, 64% is set aside — the highest share in the fifteen years of data CRS tracks — and only $346 million makes it through. Congress spent thirteen years tripling the number it cites for this program, from $365 million to $964 million, while the number that actually funds a police department, a prosecutor's office, or a drug court grew by one million dollars.
Who splits what's left
What does make it through the formula is split two ways: 60% to the state government, 40% distributed directly to units of local government — cities, counties, and tribal law enforcement agencies — based on each jurisdiction's share of the state's violent crime. In FY2025, BJA's own allocation table shows $199.2 million going out as 56 state and territory awards, and $96.4 million going out as 1,230 separate local awards — meaning the local half of that pool, already the smaller half, was split among more than a thousand individual city, county, and tribal governments, per BJA's published FY2025 allocations.
View data as table
| State & territory awards | $199.2M | 56 eligible awards |
|---|---|---|
| Local government awards | $96.4M | 1,230 eligible awards — cities, counties, tribes |
| Total FY2025 formula funds | $295.6M | distributed by the population + violent-crime formula |
A local government only qualifies for its own direct award if its formula share comes to $10,000 or more; smaller jurisdictions' shares fold back into the state's pool instead. Every one of the 1,230 award recipients is drawing from a national local-formula pool whose total size — like the program's as a whole — has not kept pace with what Congress now says JAG is worth. A minimum floor protects the smallest states and territories: no state can receive less than 0.25% of whatever is appropriated for JAG in a given year, per 34 U.S.C. §10156 as summarized in BJA's fact sheet — a guarantee about how the shrinking share of formula money gets divided, not about how large that share is.
The takeaway
- The top-line and the real number have decoupled. The JAG appropriation Congress advertises grew 164% from FY2013 to FY2026. The JAG money that actually reaches a state or local government grew 0.3% — from $345 million to $346 million — over the same thirteen years.
- The set-aside share just hit a record. In FY2026, 64 cents of every appropriated JAG dollar is diverted before the formula runs, up from 5 cents in FY2013, per CRS's own count.
- The people funded by what's left keep growing. 1,230 separate local governments split FY2025's $96.4 million local-formula pool — more recipients drawing on a fund that, in total, has been flat for over a decade.
Dollar figures are nominal (not inflation-adjusted) and reflect the fiscal years as reported by the cited sources; FY2025 award-count and allocation figures reflect BJA's published FY2025 table and may be revised in later fiscal years.
Sources
- Congressional Research Service, The Edward Byrne Memorial Justice Assistance Grant (JAG) Program, IF10691 (updated Mar. 16, 2026) — fifteen-year table of top-line and post-set-aside JAG appropriations, the definition and history of JAG set-asides. congress.gov
- Bureau of Justice Assistance, Fact Sheet: Edward Byrne Memorial Justice Assistance Grant Program (Mar. 2026) — program purpose areas, formula mechanics (60/40 state-local split, 0.25% minimum allocation), cumulative award count and dollars since FY2005. bja.ojp.gov
- Bureau of Justice Assistance, 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Allocations by State — FY2025 state and local formula award totals and the 56/1,230 award counts. bja.ojp.gov
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Every year, Congress appropriates money for the Edward Byrne Memorial Justice Assistance Grant — the program the Bureau of Justice Assistance calls "the leading source of federal justice funding to state and local jurisdictions," named for a New York City police officer murdered guarding a witness in a drug case. Every year, the press release cites a bigger number. What a state or city actually receives is a different number, arrived at only after Congress first strips out everything it has decided to fund through the same account instead. In FY2026 that gap swallowed 64 cents of every dollar Congress says it appropriated for JAG — the largest share on record, per the Congressional Research Service's own tally.