PKG00294056.pdf

Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program Frequently Asked Questions (FAQs)

Updated August 2026 The purpose of the Edward Byrne Memorial Justice Assistance Grant (JAG) FAQs document is to provide detailed information about the program to states, tribes, territories, the District of Columbia, and units of local government. These FAQs do not supersede any conflicting guidance provided in the relevant JAG State or JAG Local notices of funding opportunity (NOFOs) or grant award documents.

CONTENTS

Overview Award Eligibility/Formula Information Potential Funding Reductions Application Requirements Disparate Information Use of Funds Reporting Requirements Award Administration

OVERVIEW

1. What is the JAG Program?

The JAG Program is a formula grant program which serves as the leading source of federal justice funding to state and local jurisdictions. It was named after Edward “Eddie” R. Byrne, an officer in the New York City Police Department who was murdered while protecting a witness in a drug case. The JAG Program provides states, tribes, and local governments with critical funding necessary to support personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings including for any one or more of the following programs:

• law enforcement;

• prosecution and courts;

• prevention and education;

• corrections and community corrections programs;

• drug treatment and enforcement programs;

• planning, evaluation, and technology improvement;

• crime victim and witness programs (other than compensation);

• mental health programs and related law enforcement and corrections programs, https://www.ojp.gov/funding/grants101/types-funding#formulagrants https://bja.ojp.gov/program/jag/about-officer-byrne

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting guidance provided in the relevant JAG State or JAG Local NOFOs or grant award documents.

Updated August 2026 including behavioral programs and crisis intervention teams;

• implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to mental health courts, drug courts, veterans courts, and extreme risk protection order programs;

• programs to purchase and operate unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) to benefit public safety;

• programs to purchase and operate counter-UAS systems (as defined in section 44801 of title 49, United States Code) included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section.

As a formula grant program, only the designated state administering agencies (SAAs) for the 56 states, U.S. Territories, and District of Columbia are eligible to receive funding under the State JAG program, and only specified units of local government and tribes are eligible to receive funding under the Local JAG program. Eligibility for units of local government and tribes may change year to year due to the annual formula.

The JAG Program Fact Sheet provides background information and other details about the JAG Program.

2. What is the authorizing legislation for the JAG program?

The JAG Program statute is Subpart I of Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (codified at 34 U.S.C. 10151–10158); Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101–10755); see also 28 U.S.C. 530C(a).

3. What is the Assistance Listing number for the JAG program?

The Assistance Listing number for the JAG program (state and local) is 16.738.

AWARD ELIGIBILITY/FORMULA INFORMATION

4. What entities are eligible, and where is the eligibility list located?

There are two types of formula awards available under the JAG program.

• JAG state awards: Only states may apply under this NOFO, and states must designate a single SAA that has authority to apply on their behalf. By law, for purposes of the JAG program, the term “states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa.

• JAG local awards: Only units of local government appearing on the JAG Allocations List may apply under this NOFO. The full list of eligible units of local governments for the current fiscal year, once available, will be posted on the JAG web page at:

https://bja.ojp.gov/program/jag/allocations. By law, for purposes of the JAG program, the term “units of local government” includes a town, township, village, parish, city, https://bja.ojp.gov/doc/jag-program-fact-sheet.pdf https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter101/subchapter5/partA&edition=prelim https://sam.gov/fal/9f5bc1d0c6c44326b584b4bd83c21a1e/view https://bja.ojp.gov/program/jag/allocations

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting county, borough, or other general-purpose political subdivision of a state, or it may be a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff.

Note: The application must be submitted by an applicant with a Unique Entity Identifier (UEI) associated with an entity that is eligible to apply to receive an award. See the How to Apply section for more information. For additional information and example of ineligible entities, please refer to the FAQ titled “How do eligible entities apply for JAG funds”.

5. Why are two eligibility categories included within the Local JAG NOFO?

• The Local JAG NOFO has two categories to reduce the award administration burden for eligible applicants receiving awards of less than $25,000. Units of local government that are listed on the JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. Awards will be made with two-year project periods and will require annual performance reporting.

• Units of local government that are listed on the JAG web page as eligible for an allocation amount of $25,000 or more should apply under Category 2. Awards will be made with four-year project periods and will require semi-annual performance reporting.

6. How is the formula calculated?

JAG awards are based on a statutory formula. Once each fiscal year’s overall JAG program funding level is determined, BJA works with the Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process, which, in general, consists of:

1. Computing an initial JAG allocation for each state based on its share of violent crime and population (weighted equally).

2. Reviewing the initial JAG allocation amount to determine whether the state allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on its share of violent crime and population.

3. Dividing each state’s final award amount (except for the territories and District of Columbia) between the state and its units of local governments at a rate of 60 and 40 percent, respectively.

4. Determining the unit of local government award allocations, which are based on their proportion of the state’s 3-year violent crime average. If the eligible award amount for a particular unit of local government as determined on this basis is $10,000 or more, then the unit of local government is eligible to apply directly to the Office of Justice Programs (OJP) (under the JAG Local NOFO) for a JAG award. If the eligible award amount to a

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting particular unit of local government as determined on this basis would be less than $10,000, the funds are not made available for a direct award to that particular unit of local government but instead are added to the amount that otherwise would have been awarded to the state. (The state’s obligations with respect to this additional amount for the “less than $10,000 jurisdictions” are summarized below in “Are states required to pass-through funding to local jurisdictions?”)

The BJS technical reports that describe the steps used to calculate the JAG formula, in detail, can be found at: JAG Technical Reports | BJS.

7. Why would a local jurisdiction not receive an allocation?

A jurisdiction is eligible to receive a direct JAG award only if the formula allocation is $10,000 or more and the jurisdiction is not part of a disparate group (see “Disparate Information”).

Awards allocations to units of local government are based on the share of violent crimes reported by the law enforcement agencies in the state. The sum of these reports within each state are computed to determine the jurisdiction’s share of the total local award allocation.

If a local jurisdiction’s calculated allocation is less than $10,000, the funds are provided to the state. The state must allocate the additional funds included in its award to jurisdictions that were not eligible for a direct BJA JAG award of $10,000 or more and/or to state police departments that provide criminal justice services to the “less than $10,000 jurisdictions” within the state.

8. Is there funding available for jurisdictions that do not qualify for a direct award?

Jurisdictions that do not qualify for a direct award from BJA under the JAG Program may reach out to their respective SAA to determine whether JAG subaward funding is available.

SAA contact information can be found at: SAA | Overview | OJP.

9. Are states required to pass-through funding to local jurisdictions?

Yes. There are two types of pass-through requirements for states. A state that applies for and receives a JAG award must:

• Pass through a predetermined percentage of funds to “units of local government.” (For purposes of the JAG program, a “unit of local government” includes a city, county, township, town, and certain federally recognized Indian tribes.) This predetermined percentage (often referred to as the variable pass-through, or “VPT”) is calculated by OJP’s BJS, based on the total criminal justice expenditures by the state and its units of local government. The variable pass-through percentages that will apply to an award to a recipient state can be found at: JAG Program | JAG Variable Pass-Through (VPT) Information | Bureau of Justice Assistance. (If a state believes the VPT percentage has been calculated incorrectly, the state may provide pertinent, verifiable data to BJA and ask OJP to reconsider.)

• Appropriately use or distribute those funds that are added to the state’s award because certain units of local government within the state are ineligible for a direct award of JAG funds because the unit of local government’s calculated allocation is less than $10,000 https://bjs.ojp.gov/library/publications/list?series_filter=Justice%20Assistance%20Grant%20%28JAG%29%20Program https://www.ojp.gov/funding/state-administering-agencies/overview https://bja.ojp.gov/program/jag/jag-variable-pass-through-vpt-information https://bja.ojp.gov/program/jag/jag-variable-pass-through-vpt-information

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

(these units of local government sometimes are referred to as “less than $10,000 jurisdictions”). The state must provide these additional funds included in its JAG award to state police departments that provide criminal justice services to the “less than $10,000 jurisdictions” within the state and/or subaward the funds to such jurisdictions.

For information on the pass-through waiver process, please refer to the FAQ titled “If a State Administering Agency (SAA) intends to request a pass-through waiver, which requires BJA certification, what is the process?”

10. Is it possible for a recipient to make subawards to private and nonprofit neighborhood or community-based organizations?

Yes, per 34 U.S.C. § 10152(b) a JAG recipient can make a subaward to private and nonprofit neighborhood or community-based organizations if the primary purpose of the subaward meets the requirements of one or more JAG Program areas under 34 U.S.C. § 10152 (a)(1).

Such projects could take the form of (1) a project that would benefit the entire state, (2) a project that will benefit a local jurisdiction, or (3) a partnership between a private nonprofit organization and a local law enforcement agency to provide allowable services to designated "units of local government.” Please note that JAG funds cannot be used to support any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety.

Note: An SAA may not use required pass-through funds to make subawards to private and nonprofit neighborhood or community-based organizations without express prior approval from BJA for a waiver to the pass-through requirement. See “Award Administration.”

11. How does the National Incident-Based Reporting System (NIBRS) reporting impact eligibility for funding under the JAG program?

Only agencies reporting crime data to the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program, whether they are reporting via the Summary Reporting System (SRS) or the NIBRS, are potentially eligible for JAG funding.

By statute, BJA JAG awards are calculated using violent crime data from the FBI’s UCR Program, which consists of SRS and NIBRS. Beginning in 2021, NIBRS became the national standard for law enforcement reported crime data. However, not all law enforcement agencies were able to make the transition by the January 2021 deadline, leading to a gap in crime data coverage. In 2022, the FBI began accepting SRS crime data again to provide a more complete picture of crime while agencies continue to transition to NIBRS. In accordance with the statute, BJS calculates the JAG awards using the data reported to the UCR program, which includes both SRS data and NIBRS data. For agencies submitting NIBRS data, all of the offenses submitted in an incident are used to calculate the violent crime count for that jurisdiction. For agencies submitting SRS data, only the most serious offense in an incident, as determined by the hierarchy rule, is used to calculate the violent https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter101/subchapter5/partA&edition=prelim

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting crime count for that jurisdiction.1

By statute, the JAG formula allocations are based on part 1 violent crimes, which include murder and nonnegligent manslaughter, rape, robbery, aggravated assault, and, as defined in the statute, human trafficking. At the state level, funding allocations are determined by “the average annual number of part 1 violent crimes of the UCR of the FBI reported by such State for the three most recent years reported by such State to the average annual number of such crimes reported by all States for such years” (34 U.S.C. 10156(a)(1)(B)) and the state’s population, as reported by the U.S. Census Bureau. At the local level, funding eligibility and allocations are determined by “the average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years” (34 U.S.C. 10156(d)(2)(A)).

For more information on NIBRS, please see: National Incident-Based Reporting System (NIBRS) | Bureau of Justice Statistics. For more information on how BJS calculates JAG allocations, please see the JAG technical reports.

12. Is a NIBRS 3 percent set-aside required for JAG recipients not certified as NIBRS compliant?

For FY 2022 and subsequent awards, BJA will not require recipients to dedicate 3 percent of their award toward NIBRS compliance. Direct FY 20182–FY 2021 JAG award recipients that were not NIBRS compliant were required to set aside 3% of funds which could only be used toward NIBRS compliance.

13. For FY 2018–2021 Direct JAG awards, does the NIBRS 3% set aside requirement apply to subawards and how should recipients communicate NIBRS compliance to BJA?

The requirement for a NIBRS set-aside is not applicable to subawards from states.

For Local JAG grantees, the requirement for a NIBRS set-aside is applicable to all jurisdictions in a disparate group but is not otherwise be applied to subawards. Recipients serving as fiscal agent for “disparate jurisdictions” (as defined at 34 U.S.C. 10156(d)(4)) must pass this requirement through to subawards in other localities in the disparate jurisdiction so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA.

Grant recipients that achieve full compliance with NIBRS during the grant period of performance should email evidence of NIBRS compliance (written documentation from the FBI and/or their state-certified NIBRS compliance) to their grant manager listed in OJP’s JustGrants System. Upon review of the documentation submitted, BJA will confirm the

1 See the glossary on the FBI’s Crime Data Explorer for the definition of the hierarchy rule.

2 U.S. territories and tribal jurisdictions were not subject to the 3 percent NIBRS set-aside in FY 2018.

https://bjs.ojp.gov/national-incident-based-reporting-system-nibrs https://bjs.ojp.gov/national-incident-based-reporting-system-nibrs https://bjs.ojp.gov/library?series_filter=All&form_topic=&release_date_min=&release_date_max=&combine=JAG&author=&sort_by=field_date_published_value&sort_order=DESC#publications-pub-list-simple-filter-date-ehvbm-rwdqb5b2lk https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter101/subchapter5/partA&edition=prelim https://cde.ucr.cjis.gov/

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

NIBRS compliance and then clear any withholding award condition associated with the NIBRS set-aside requirement. Grant recipients must retain documentation on file that demonstrates the FBI certification of NIBRS compliance. Such documentation must be made available for BJA review upon request.

Once a state or unit of local government is certified as NIBRS compliant, the grantee may submit a programmatic cost change Grant Award Modification (GAM) to BJA and reallocate any remaining set-aside funds to another eligible JAG activity.

POTENTIAL FUNDING REDUCTIONS

14. Are JAG awards subject to any potential funding reductions?

A state allocation of a JAG award is subject to three potential funding reductions for noncompliance under the Sex Offender Registration and Notification Act (SORNA), the Prison Rape Elimination Act (PREA), and the Death in Custody Reporting Act (DCRA).

15. What is the potential funding reduction under the SORNA?

SORNA, which is Title I of the Adam Walsh Child Protection and Safety Act of 2006, mandates a 10 percent reduction in JAG award to a state that has failed to substantially implement SORNA. For such states, the 10 percent reduction has been applied to JAG awards since FY 2012 and will continue to be applied in each subsequent year until the JAG recipient has substantially implemented SORNA. Further, states that have substantially implemented SORNA have an ongoing obligation to maintain that status each year. A JAG reduction will be applied each year that a jurisdiction fails to substantially implement

SORNA.

A reduction of a JAG award to a state under the provisions of SORNA will not affect the portion of the JAG award that is reserved for local jurisdictions.

For Frequently Asked Questions on SORNA, please refer to: https://smart.ojp.gov/faqs.

16. How is the SORNA funding reduction calculated?

The example below illustrates how the SORNA funding reduction is assessed against a state that did not implement SORNA.

If BJA initially calculated that the state is eligible to receive a JAG allocation of $3,000,000, the 10 percent JAG reduction would be calculated as follows:

1. The mandatory pass-through amount of $1,200,000 (based on the state’s mandatory 40 percent pass-through) is subtracted from the $3,000,000, resulting in $1,800,000.

2. The “less than $10,000” allocation for the state ($250,000) is then added to the $1,800,000, resulting in $2,050,000.

3. The 10 percent JAG reduction is then assessed on the $2,050,000 amount ($2,050,000 × 0.10), resulting in a SORNA penalty of $205,000 for the state.

Note: For the District of Columbia and the territories, the JAG reduction will be assessed on https://smart.ojp.gov/faqs

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting the full allocation because the entire allocation goes to the district or territorial government.

17. Is a state eligible for additional JAG funding based on its SORNA compliance status?

SORNA-compliant states and territories may have bonus funds applied to their next fiscal year JAG award. This bonus allocation is calculated based on total funds resulting from the JAG reductions from non-implementing states and territories during that current fiscal year.

For example, if a state substantially implemented SORNA in FY 2026, then that state would have additional bonus funds added to its FY 2027 State JAG award, which will be comprised of JAG reductions from non-implementing states and territories in FY 2026. The amounts available for bonus funds will vary from year to year, depending on the amount of JAG reductions that are assessed.

18. Whom can I contact for more information on the JAG reduction or SORNA penalty, SORNA compliance, or the implementation of SORNA?

For additional information regarding SORNA implementation, including requirements and a list of states that will be affected by the 10 percent reduction to JAG awards, contact the OJP Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office) at ASKSMART@usdoj.gov or 202-514-4689.

19. What is required under the Prison Rape Elimination Act (PREA) certification requirement, and what is the funding reduction for failure to comply?

In 2012, DOJ published the National Standards to Prevent, Detect, and Respond to Prison Rape (PREA Standards), which were promulgated to prevent, detect, and respond to sexual victimization and abuse in confinement settings. The National PREA Standards are set out at 28 C.F.R. Part 115 and apply to confinement facilities, including adult prisons and jails, juvenile facilities, and police lockups.

The PREA statute provides that a state whose Governor does not certify full compliance with DOJ’s PREA Standards (34 U.S.C. 30307(e)) is subject to the loss of 5 percent of any DOJ grant funds that it would otherwise receive for prison purposes, including JAG award funding.

Prior to December 16, 2024, a state whose governor could not certify full compliance with the PREA Standards had the option to submit an assurance that no less than 5 percent of impacted grant funds would be used by the state solely to adopt and achieve full compliance with the PREA Standards in future years. The Justice for All Reauthorization Act (JFARA) of 2016, which was enacted on December 16, 2016, included an amendment to the PREA statute that eliminated the assurance option.3

A reduction in a JAG award to a state due to the PREA provision will not affect the portion of

3 JFARA eliminated the assurance option on December 16, 2022. JFARA provided that, for 2 years following the assurance sunset, a governor who could certify that the state has had audits for at least 90 percent of facilities covered by the certification/assurance may request that the Attorney General allow submission of an emergency assurance. The emergency assurance ended on December 16, 2024.

mailto:ASKSMART@usdoj.gov https://ecfr.io/Title-28/cfr115_main

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting the JAG award that is reserved for local jurisdictions.

For additional information concerning PREA implementation, send inquiries to the PREA Management Office at: PREACompliance@usdoj.gov and/or review the PREA FAQs.

20. Is a state eligible for additional JAG funding based on its PREA compliance status?

Some states are eligible for additional JAG funding based on PREA compliance status. As explained in question 19 above, states and territories that do not submit a certification or an assurance are subject to a 5 percent reduction in certain DOJ grant funds (including JAG) that they would otherwise receive. The states and territories that have submitted such a certification (or, through fiscal year 2025 an assurance) are eligible to receive a bonus amount on their annual JAG award. The JAG bonus amounts are made up of JAG funds withheld from the states and territories that did not submit a certification (or, through fiscal year 2025, an assurance) and are calculated based on a modified JAG formula.

21. What is required under the Death in Custody Reporting Act (DCRA)?

The DCRA; (Public Law 113-242) requires states to report to the Attorney General information regarding the death of any person who is either detained, under arrest, in the process of being arrested, en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, or any state or local contract facility, or other local or state correctional facility (including any juvenile facility). SAAs are required to report DCRA data to the BJA on a quarterly basis.

A state that fails to comply may, at the discretion of the Attorney General, be subject to not more than a 10 percent reduction of the funds that would otherwise be allocated for that fiscal year to the state under the JAG program.

APPLICATION REQUIREMENTS

22. How do eligible entities apply for JAG funds?

DOJ funding opportunities follow a two-part application process. Detailed information on how to apply can be found in the annual NOFO document, and in the OJP Grant Application Resource Guide.

Applicants MUST have a valid Unique Entity Identifier (UEI) and an active System of Award Management (SAM) registration to begin the application process in Grants.gov. For additional information, see: https://sam.gov/content/entity-registration and Resources for Using the System for Award Management.

The JAG program statute requires that local applicants be a unit of local government, which, as described in the eligibility section, includes a town, township, village, parish, city, county, borough, or other general-purpose political subdivision of a state, or it may be a federally recognized Indian tribal government that performs law enforcement functions (as mailto:PREACompliance@usdoj.gov https://bja.ojp.gov/doc/jag-prea-faqs.pdf https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#ojp-application-submission-steps https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#ojp-application-submission-steps https://sam.gov/content/entity-registration https://justicegrants.usdoj.gov/resources/system-for-award-management#resources-for-using-the-system-for-award-management-sam-gov https://justicegrants.usdoj.gov/resources/system-for-award-management#resources-for-using-the-system-for-award-management-sam-gov

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting determined by the Secretary of the Interior). A unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff.

The legal name of the applicant must be associated with a UEI in SAM that is eligible to apply to receive an award.

Applicants may be requested to submit additional supporting documentation if BJA cannot determine eligibility based on legal name registered under its UEI in SAM.

23. What should a State JAG applicant include in the budget application attachment?

State JAG budget attachments should total the award amount listed on the current JAG allocations list. Additionally, the budget should include the following clearly labeled in the appropriate budget categories (e.g., subawards, etc.):

1) Less than $10,000 pass-through amount (intended for ineligible jurisdictions and/or the state police).

2) Variable Pass-Through (VPT) amount; and

3) Administrative Costs Amount (maximum 10% of the award).

The example chart below is included for illustration purposes only.

24. Who should be listed as the authorized representative on a JAG application?

The person who accepts or declines awards on behalf of an entity must have legal authority to enter into contracts, grants, and cooperative agreements with the federal government on behalf of the entity. Accepting an award binds your entity to the award

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting conditions, and it is the responsibility of your entity to ensure the Authorized Representative has the authority to do so.

The authorized representative may not necessarily be the same person authorized to sign the Chief Executive Certification.

25. What are the governing body requirements related to a JAG application?

Pursuant to the JAG statute (at 34 U.S.C. § 10153(a)(2)), a JAG application must be made available for review by the governing body of the applicant jurisdiction, or to an organization designated by that governing body, at least 30 days prior to that application being submitted to the awarding agency for funding.

To satisfy this requirement, BJA requires the submission of a properly completed “Certifications and Assurances by the Chief Executive (CE) of the Applicant Government” to attest to these facts. If the governing body review requirement has not been completed at the time of application, a locality can still apply for JAG funding; however, it will not be able to submit a properly completed form with its application. In this event, the award will be made with a withholding award condition for the “Certifications and Assurances by the Chief Executive of the Applicant Government” form, which a grantee must submit to BJA post-award when all of the requirements attested to in this form are met. Forms from prior JAG NOFOs can be accessed at Edward Byrne Memorial Justice Assistance Grant (JAG) Program | Archives | Bureau of Justice Assistance.

26. What are the public comment requirements related to a JAG application?

Pursuant to the JAG statute (at 34 U.S.C. § 10153(a)(3)), a JAG application, prior to being submitted to the awarding agency, must be made available for public comment by citizens and neighborhood- and community-based organizations to the extent applicable law or established procedures make such opportunity available.

To satisfy this requirement, BJA requires the submission of a properly completed “Certifications and Assurances by the Chief Executive of the Applicant Government” to attest to these facts. If the public comment requirement has not been completed at the time of application, a locality can still apply for JAG funding; however, it will not be able to submit a properly completed “Certifications and Assurances by the Chief Executive of the Applicant Government” form with its application. In this event, the award will be made with a withholding award condition for the “Certifications and Assurances by the Chief Executive of the Applicant Government” form, which a grantee must submit to BJA post-award when all the requirements attested to in this form are met. Forms from prior JAG NOFOs can be accessed at: Edward Byrne Memorial Justice Assistance Grant (JAG) Program | Archives | Bureau of Justice Assistance.

https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter101/subchapter5/partA&edition=prelim https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/archives https://bja.ojp.gov/program/jag/archives https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter101/subchapter5/partA&edition=prelim https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/certifications-assurances https://bja.ojp.gov/program/jag/archives https://bja.ojp.gov/program/jag/archives

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

27. Who may sign the “Certifications and Assurances by the Chief Executive of the Applicant Government” as the chief executive for state or unit of local government applicants?

The “Certifications and Assurances by the Chief Executive of the Applicant Government” form must be signed by the jurisdiction’s chief executive. The chief executive is the person who has the ultimate executive authority for the jurisdiction. Further, as set forth in the certification itself, the chief executive is the person that has the authority to make representations on behalf of the unit of local government. Typically, the chief executive is the highest elected official of the jurisdiction (e.g., governor, mayor, or county board chair).

In many municipalities, the city manager or city administrator is the highest-ranking executive position of the local government and authorized to sign the CE.

This chief executive may not delegate signature authority to another person under any circumstances.

28. What does the Statewide Strategic Plan requirement under State JAG entail?

States must submit a comprehensive statewide strategic plan with their applications.

Additionally, in any year in which the statewide strategic plan is not fully updated, states must submit a brief annual report with their applications.

The statewide strategic plan, which must be updated at least every five years, should:

• Be designed in consultation with local governments and representatives of all segments of the criminal justice system—including judges, prosecutors, law enforcement personnel, and corrections personnel—and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services.

• Include details on how grants will be used to improve the administration of the criminal justice system.

• Include a description of how the state will allocate funding within and among each of the JAG Program areas.

• Describe the process used by the state for gathering data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions.

• Describe the barriers at the state and local levels for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism.

The annual report (required in the years between full statewide strategic plan updates), intended to provide a summary update of program implementation efforts as detailed in the statewide strategic plan, should:

• Discuss changing circumstances in the state, if any, since the strategic plan was adopted.

• Describe how the state plans to adjust funding within and among each of the JAG program areas.

• Provide an ongoing assessment of need.

• Discuss the accomplishment of the goals identified in the strategic plan.

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

• Reflect how the plan influenced funding decisions in the previous year.

If no plan is attached, an annual report is missing, or a submitted strategic plan or annual report clearly fails to discuss the required elements described above, funds may be withheld until a minimally sufficient strategic plan or annual report is submitted.

To help ensure that states consider the impact of JAG funding decisions across the entire criminal justice system, BJA strongly encourages each state to involve all criminal justice system stakeholders in the strategic planning process. The strategic planning process should reflect input from all segments of the criminal justice system—including local governments, judges, prosecutors, law enforcement, and corrections personnel—and providers of indigent defense services, victim services, juvenile justice and delinquency prevention programs, parole and probation services, and reentry services. States needing assistance to complete a strategic plan or annual report should contact BJA to request training and technical assistance (TTA).

29. What does the DCRA State Implementation Plan under State JAG entail?

States must submit a DCRA State Implementation Plan, or an annual implementation report, with their applications. The required elements in the DCRA State Implementation Plan can be found at: DCRA State Plan Implementation Guidance. In any year in which the DCRA State Implementation Plan is not updated, states must submit a brief DCRA implementation report with their applications.

For years when the DCRA State Implementation Plan is updated, attach the new plan to the JAG application. For years when the State Implementation Plan is not updated, attach the implementation report to the JAG application.

If a State Implementation Plan or implementation report is missing, or a submitted State Implementation Plan clearly fails to discuss the required elements described in the DCRA State Plan Implementation Guidance, funds may be withheld until a minimally sufficient plan or report is submitted.

DISPARATE INFORMATION

30. What does it mean when two or more units of local government are listed under the column “Joint Application (Disparate) Award Amount” in the JAG allocation tables?

In some cases, as defined by the legislation, a disparity may exist between the funding eligibility of a county and its associated municipalities. Three different types of disparities may exist:

• The first type is a zero-county disparity. This situation exists when one or more municipalities within a county are eligible for a direct award, but the county is not, yet the county is responsible for providing criminal justice services (such as prosecution and incarceration) for the municipality. In this case, the county is entitled to part of the municipality’s award because it shares the cost of criminal justice operations, although it https://bja.ojp.gov/doc/DCRA-State-Plan-Elements.pdf

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting may not report crime data to the FBI. This is the most common type of disparity.

• A second type of disparity exists when both a county and a municipality within that county qualify for a direct award, but the award amount for the municipality exceeds 150 percent of the county’s award amount.

• The third type of disparity occurs when a county and multiple municipalities within that county are all eligible for direct awards, but the sum of the awards for the individual municipalities exceeds 400 percent of the county’s award amount.

31. How is it determined which unit of local government will be the fiscal agent responsible for applying for the disparate funds?

The localities in a disparate group must agree on which locality will serve as the fiscal agent. All the localities in the disparate group must sign a Memorandum of Understanding (MOU) that 1) identifies which jurisdiction will serve as the applicant or fiscal agent for the disparate group; and 2) identifies the agreed upon funding amounts for each locality. The MOU must be completed and signed by an official who has authority to enter into a such an agreement on behalf of each jurisdiction. Generally, BJA would expect this to be the chief executive of the jurisdiction. Additional documentation may be requested by BJA to determine signing authority. The signed MOU should be attached to the application. If the MOU is not complete by time of application, funds will be withheld until the signed MOU is submitted to BJA. For a sample MOU, go to: JAG Sample MOU.

32. How are allocation amounts determined for jurisdictions identified as disparate?

The jurisdictions identified as disparate must negotiate and agree on the funding amounts out of the “joint allocation” total that each jurisdiction will receive under the JAG award.

Please note that the amounts listed in the “direct allocation” column of the annual JAG allocations chart on the BJA website are calculated amounts based on the formula and how much each jurisdiction would be eligible for if no disparity was identified. There is no requirement to use the “direct allocation” amounts listed for each disparate jurisdiction on the allocations chart. The joint application and signed MOU submitted by the fiscal agent on behalf of the disparate group must specify the award distribution to each unit of local government and the purposes for which the funds will be used.

33. What Is the process if one or more disparate jurisdictions do not agree to sign an MOU and intend to decline funding?

A disparate unit of local government may decline JAG funding and should be party to the MOU with its allocation listed as $0. However, BJA will accept an official letter of declination in lieu of the disparate unit of local government’s signature on the MOU. This official letter of declination must clearly state that the unit of local government understands it is eligible to receive JAG funds under the subject award but is declining to do so; the letter must be signed by the highest-ranking official for the unit of local government.

The declination letter signature cannot be delegated.

https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/JAGMOU.pdf

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

34. What are the responsibilities of a fiscal agent for a disparate group?

The fiscal agent is considered the pass-through entity and their relationship with the other disparate members would be considered a subaward/subrecipient for grants administrative purposes. The fiscal agent is the legal applicant responsible for submitting the application, reporting, making and monitoring subawards (see the DOJ Grants Financial Guide, Section 3.14), retaining all subaward paperwork and applicable certifications, and making that available upon request in the case of monitoring or an audit.

35. When there is a group of disparate jurisdictions applying for a JAG award, do the

“Certifications and Assurances by Chief Executive of Applicant” apply to each disparate jurisdiction or just the fiscal agent?

The “Certifications and Assurances by the Chief Executive of the Applicant Government” must be submitted by the applicant/fiscal agent to OJP. The subrecipients in the disparate group are not required to submit such a certification by their chief executive with the JAG application to BJA; however, the direct JAG award recipient/fiscal agent must collect a completed certification from the subrecipient(s). Any such certifications must be maintained by the direct JAG award recipient and made available to OJP upon request.

Each unit of local government must abide by state and local policies and procedures regarding governing body review and public comment opportunity.

36. Does the disclosure of duplication in cost items (formerly the disclosure of pending applications) application requirement apply to each disparate jurisdiction or just the unit of local government that is the fiscal agent?

Only the fiscal agent (JAG applicant) is required to submit the Applicant Disclosure of Duplication in Cost Items, which is completed in the JustGrants application (see the OJP Grant Application Resource Guide | Office of Justice Programs). However, the disclosure should cover all projects and activities proposed to be funded under the award.

USE OF FUNDS

37. What can JAG funds be used for?

In general, JAG funds may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, or civil proceedings, including for any one or more of the following eleven JAG Program areas, per the JAG statute:

(A) Law enforcement programs

(B) Prosecution and court programs

(C) Prevention and education programs

(D) Corrections and community corrections programs

(E) Drug treatment and enforcement programs

(F) Planning, evaluation, and technology improvement programs

(G) Crime victim and witness programs (other than compensation) https://www.ojp.gov/funding/financialguidedoj/iii-postaward-requirements#101-0 https://www.ojp.gov/funding/financialguidedoj/iii-postaward-requirements#101-0 https://bja.ojp.gov/program/jag/certifications-assurances https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#applicant-disclosure-pending-applications https://www.ojp.gov/funding/apply/ojp-grant-application-resource-guide#applicant-disclosure-pending-applications

These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting

(H) Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams

(I) Implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to:

(i) Mental health courts

(ii) Drug courts

(iii) Veterans courts; and

(iv) Extreme risk protection order programs

(J) Programs to purchase and operate unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) to benefit public safety

(K) Programs to purchase and operate counter-UAS systems (as defined in section 44801 of title 49, United States Code) included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C.

124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section

In connection with all of the above purposes, it should be noted that the statute defines “criminal justice” as “activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles; activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies, and pretrial service or release agencies); activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders; and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency.”

Additionally, JAG funds may be used for any purpose indicated in Purposes for Which Funds Awarded under the Edward Byrne Memorial Justice Assistance Grants (JAG) Program May Be Used.

In the Appendix, there are additional examples of expenditures and projects that, if reasonably related to a JAG statutory programmatic area and meet general cost allowability guidelines, would be an allowable use of funds. Given the broad program areas above, it is not possible to provide an exhaustive list of allowable uses. JAG grantees should reach out to their BJA grant manager for assistance if they have questions about allowable uses not addressed in these FAQs.

38. Are there any limitations on the use of JAG funds, including expenditures that are specifically prohibited?

The JAG statute, at 34 U.S.C. § 10152(d), prohibits the use of JAG funds for certain items, and prohibits the use of JAG funds for other items unless BJA grants a waiver. The JAG Prohibited Expenditures Guidance provides lists, details, definitions, and procedures for prohibited expenditures under the BJA JAG Program, consistent with 34 U.S.C. § 10152.

https://uscode.house.gov/view.xhtml?req=(title:34%20section:10251%20edition:prelim)%20OR%20(granuleid:USC-prelim-title34-section10251)&f=treesort&edition=prelim&num=0&jumpTo=true https://bja.ojp.gov/doc/jag-use-of-funds.pdf https://bja.ojp.gov/doc/jag-use-of-funds.pdf https://bja.ojp.gov/doc/jag-use-of-funds.pdf https://uscode.house.gov/view.xhtml?req=(title:34%20section:10152%20edition:prelim)%20OR%20(granuleid:USC-prelim-title34-section10152)&f=treesort&edition=prelim&num=0&jumpTo=true…