I 117TH CONGRESS 1ST SESSION H. R. 1465 To require a local government to waive sovereign immunity to receive any grant funds from the Department of Justice if such local government has defunded a municipal police department, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 1, 2021 Ms. MALLIOTAKIS (for herself, Mr. GIMENEZ, and Ms. SALAZAR) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require a local government to waive sovereign immunity to receive any grant funds from the Department of Jus- tice if such local government has defunded a municipal police department, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Right to Remain Safe 4 Act of 2021’’. 5 VerDate Sep 11 2014 23:35 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1465.IH H1465 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1465 IH SEC. 2. INELIGIBILITY FOR DEPARTMENT OF JUSTICE 1 GRANTS WITH RESPECT TO DEFUNDING A 2 MUNICIPAL POLICE DEPARTMENT. 3 (a) IN GENERAL.—Notwithstanding any other provi- 4 sion of law, to be eligible for any grant funding from the 5 Department of Justice, a local government applying for 6 such a grant shall certify to the Attorney General that 7 the municipal police department of such local government 8 has not been defunded in either the current or prior fiscal 9 year in which the local government is applying for such 10 grant. 11 (b) EXCEPTIONS.— 12 (1) INABILITY TO PAY.—A local government 13 that demonstrates that the municipal police depart- 14 ment was defunded because of an inability to pay, 15 including demonstrating decreases throughout the 16 budget of the local government, shall be eligible for 17 grant funding from the Department of Justice. 18 (2) WAIVER OF SOVEREIGN IMMUNITY.—A local 19 government that has defunded the municipal police 20 department shall be eligible for grant funding from 21 the Department of Justice if such local government 22 waives sovereign immunity with respect to a cause of 23 action against the local government by an individual 24 for property damages or damages for personal inju- 25 VerDate Sep 11 2014 23:35 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1465.IH H1465 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1465 IH ries as a result of the municipal police department 1 being defunded. 2 (c) LOCAL GOVERNMENT DEFINED.—In this section, 3 the term ‘‘local government’’ means a municipality, city, 4 town, township, a rural community, or unincorporated 5 town or village. 6 Æ VerDate Sep 11 2014 23:35 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1465.IH H1465 kjohnson on DSK79L0C42PROD with BILLS