Formula Grant Program

Program purposes. The Byrne Formula Grant Program is a partnership among federal, state, and local governments intended to create safer communities and improve criminal justice systems. BJA is authorized to award grants to states for use by states and units of local government to improve the criminal justice system, with emphasis on violent crime and serious offenders, and to enforce state and local laws that establish offenses similar to those in the federal Controlled Substances Act. Grants may be used to provide personnel, equipment, training, technical assistance, and information systems for widespread apprehension, prosecution, adjudication, detention, and rehabilitation of offenders who violate state and local laws. Grants may also be used to provide assistance (other than compensation) to crime victims. Formula grant funds can be expended on 29 legislatively authorized purpose areas.

Funding. In FY 2002, $486 million was appropriated for the Byrne Formula Grant Program. From this allocation, each state receives a base amount of 0.25 percent of the total allocation. Remaining funds are allocated according to each state's relative share of the U.S. population. (American Samoa and the Northern Mariana Islands share one allocation.)

Eligibility. The 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands are eligible to apply for formula grant funds. For the purposes of this program, references to "state" include all of these eligible entities.

State office. The chief executive of each state designates a state office to administer the state's Byrne Program. This office, the State Administering Agency (SAA), coordinates the distribution of Byrne funds with other state agencies that receive federal funds for drug abuse education, prevention, treatment, and research activities. An office or agency performing other functions within the state's executive branch may be the designated SAA.

Statewide strategy. Each state must develop a statewide strategy, which covers the 4-year grant period and is updated annually, to improve its criminal justice system. The strategy should emphasize drug trafficking, violent crime, and serious offenders. To prepare the strategy, the SAA should consult with state and local officials, particularly those charged with enforcing criminal laws and directing the administration of justice. The strategy must be made available to the public for comment.

Administrative funds. Up to 10 percent of a formula grant award to a state may be used by the state to pay for costs incurred in administering the formula grant program.

Matching requirements. At least 25 percent of the cost of a program or project funded with a formula grant must be paid in cash with nonfederal funds. These "match" funds must be in addition to funds that would otherwise be made available by the recipient. Match funds are generally provided on a project-by-project basis, although BJA may approve a statewide match option.

Passthrough. Each state must "pass through" (i.e., subgrant) a portion of its award to local agencies within the state. The minimum passthrough amount for each state is based on the percentage of funds expended for criminal justice purposes by units of local government relative to total state and local criminal justice expenditures in the state. These expenditures must be funded by state and local revenue sources (e.g., taxes, charges and fees, utility revenue, and interest earnings). This requirement applies only to the 50 states. The District of Columbia, because of its designation as a local unit of government, is required to pass through 100 percent. The Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands have no passthrough requirement due to their single-level government structures.

Funding priority. When distributing funds, states must give priority to jurisdictions with the greatest need for assistance with criminal justice programs.

Congressional mandates. States are required to comply with the following congressional mandates:

• Criminal Justice Records Improvement (CJRI) Plan. States must use at least 5 percent of their formula grant awards for the improvement of criminal justice records. As of FY 2002, states may request approval from BJA to reallocate their CJRI funds for anti-terrorism purposes.

• Immigration and Naturalization Plan. States must develop methods to notify the U.S. Immigration and Naturalization Service (INS) of alien convictions and to provide records of those convictions to INS.

Other congressional provisions. States are not required to comply with the following provisions. However, for each provision with which a state is not in compliance, the state forfeits 10 percent of its formula grant.

• Human Immunodeficiency Virus (HIV) Testing. States must enact and enforce a law that requires sex offenders to be tested for HIV if the victim requests such testing. FY 2001 HIV penalty redistribution amounts were added to FY 2002 Byrne Formula Grant Program allocations.

• Jacob Wetterling Act Sex Offender Registration and Community Notification. States must establish 10-year registration requirements for persons convicted of certain crimes against minors and sexually violent offenses and a more stringent set of registration requirements for a subclass of highly dangerous sex offenders characterized as "sexually violent predators." FY 2001 penalty redistribution amounts were added to FY 2002 allocations. For additional information regarding the Jacob Wetterling Act, please visit www.ojp.usdoj.gov/BJA/resource/toolbox.html.

Construction. Construction is prohibited with Byrne funds except for penal and correctional institutions. Acquisition of land with grant funds is prohibited. Period of project support. Projects in the aggregate may be funded for a maximum of 4 years (48 months). Grants awarded to state and local governments to participate in multijurisdictional drug or gang task forces and victim assistance programs are excluded from this restriction.

Period of project support. Projects in the aggregate may be funded for a maximum of 4 years (48 months). Grants awarded to state and local governments to participate in multijurisdictional drug or gang task forces and victim assistance programs are excluded from this restriction.