Promoting Public Safety and Supporting Law Enforcement Act of 2020

II 116TH CONGRESS 2D SESSION S. 3960 To require the Secretary of Transportation to withhold certain amounts from State and local governments that defund or otherwise reduce fund- ing for certain law enforcement entities without a clear budgetary reason, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 15, 2020 Mrs. LOEFFLER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to withhold cer- tain amounts from State and local governments that defund or otherwise reduce funding for certain law en- forcement entities without a clear budgetary reason, 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 ‘‘Promoting Public Safe- 4 ty and Supporting Law Enforcement Act of 2020’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds that— 7 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3960 IS (1) law enforcement officers provide a necessary 1 public service by enforcing the rule of law, pre- 2 venting crime and civil disorder, protecting commu- 3 nities and property, and ensuring the safety and 4 health of the people of the United States, including 5 by ensuring— 6 (A) the safe operation of motor vehicles; 7 (B) the safe use of public routes of trans- 8 portation, such as highways and other road- 9 ways, pedestrian walkways, and sidewalks; and 10 (C) that parks remain safe, open, civil, and 11 available for public enjoyment; 12 (2) police forces and other law enforcement en- 13 tities require full funding to ensure a sufficient pres- 14 ence of officers to maintain the safe use of public 15 roadways, highways, walkways, sidewalks, and city 16 blocks in every community across the United States; 17 (3) absent a fully funded police force, people 18 using roadways, community parks, city sidewalks, or 19 other public areas may be placed at increased risk 20 from— 21 (A) the unsafe operation of motor vehicles, 22 including by themselves or others; and 23 (B) other dangers to public safety; 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3960 IS (4) a fully funded police force is necessary to 1 protect— 2 (A) the public safety of the general popu- 3 lation of a community; and 4 (B) law enforcement officers in the com- 5 munity, as required by Executive Order 13774 6 (82 Fed. Reg. 10695; relating to preventing vi- 7 olence against Federal, State, Tribal, and local 8 law enforcement officers); 9 (5) defunding or otherwise reducing funding for 10 State or local law enforcement entities will result in 11 a reduction in, or the elimination of, the presence of 12 law enforcement officers in communities, resulting in 13 a State being noncompliant with the safety require- 14 ments of certain Federal programs, including the re- 15 quirements of— 16 (A) the highway safety programs under 17 section 402 of title 23, United States Code; and 18 (B) the national priority safety programs 19 under section 405 of title 23, United States 20 Code; and 21 (6) it is necessary to ensure that State and 22 local governments do not defund or otherwise reduce 23 funding for police forces and other law enforcement 24 entities absent a clear budgetary need to do so. 25 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3960 IS (b) PURPOSE.—The purpose of this Act is to provide 1 authority for the Secretary, in consultation with the Attor- 2 ney General, to withhold certain funds from State and 3 local governments that unnecessarily put the people sub- 4 ject to the jurisdiction of those governments at risk from 5 a lack of sufficient law enforcement resources, including 6 the presence of law enforcement officers, by defunding or 7 otherwise reducing funding for police forces or other law 8 enforcement entities absent a clear budgetary need to do 9 so. 10 SEC. 3. DEFINITIONS. 11 In this Act: 12 (1) CLEAR BUDGETARY NEED.—The term 13 ‘‘clear budgetary need’’, with respect to an action 14 taken by a State or local government to defund or 15 otherwise reduce funding for a law enforcement enti- 16 ty, means that the action was taken— 17 (A) in the course of a State or local gov- 18 ernment annual budget process; and 19 (B) in consideration of the revenues and 20 expenditures of the State or local government. 21 (2) LAW ENFORCEMENT ENTITY.—The term 22 ‘‘law enforcement entity’’ means a State or local 23 agency that engages in or supervises the prevention, 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3960 IS detection, or investigation of violations of laws, in- 1 cluding criminal or traffic laws. 2 (3) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Transportation. 4 SEC. 4. WITHHOLDING OF CERTAIN DEPARTMENT OF 5 TRANSPORTATION FUNDING FROM STATE 6 AND LOCAL JURISDICTIONS. 7 (a) IN GENERAL.—Subject to subsections (c) and (d), 8 the Secretary shall withhold from a State described in sub- 9 section (b) 5 percent of— 10 (1) the amount required to be apportioned to 11 the State under section 402 of title 23, United 12 States Code, on the first day of each fiscal year 13 after the fiscal year in which the Secretary deter- 14 mines that the State is a State described in sub- 15 section (b); and 16 (2) the amount made available to the State 17 under section 405 of title 23, United States Code, 18 for each fiscal year after the fiscal year in which the 19 Secretary determines that the State is a State de- 20 scribed in subsection (b). 21 (b) STATES DESCRIBED.—A State referred to in sub- 22 section (a) is a State in which the State or a local govern- 23 ment within that State defunds or otherwise reduces fund- 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3960 IS ing for a law enforcement entity absent a clear budgetary 1 need for doing so. 2 (c) EFFECT OF WITHHOLDING OF FUNDS.— 3 (1) IN GENERAL.—Except as provided in para- 4 graphs (2) and (3) and subsection (d), no amounts 5 withheld from a State under subsection (a) shall be 6 apportioned or made available to that State. 7 (2) RESTRICTED USE OF FUNDS.—In the case 8 of a State that the Secretary determines is a State 9 described in subsection (b) because a local govern- 10 ment within that State has defunded or otherwise 11 reduced funding for a law enforcement entity as de- 12 scribed in that subsection, the Secretary may appor- 13 tion or make available to the State, as applicable, 14 the amounts described in subsection (a) if the State 15 agrees— 16 (A) not to make those amounts available 17 for use by that local government; and 18 (B) to the maximum extent practicable, 19 not to expend those amounts in any community 20 or location subject to the jurisdiction of that 21 local government. 22 (3) RESTORATION OF LAW ENFORCEMENT 23 FUNDING.— 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3960 IS (A) IN GENERAL.—Any amounts withheld 1 from a State under subsection (a) or local gov- 2 ernment under paragraph (2) during the fiscal 3 year in which the Secretary, in consultation 4 with the Attorney General, makes a determina- 5 tion under subparagraph (B) that funding has 6 been restored to the applicable law enforcement 7 entity at the level described in that subpara- 8 graph shall be apportioned or made available, 9 as applicable, to that State or local government. 10 (B) DETERMINATION OF FUNDING 11 LEVEL.—Amounts may be apportioned or made 12 available to a State or local government under 13 subparagraph (A) for the fiscal year described 14 in that subparagraph if the Secretary, in con- 15 sultation with the Attorney General, determines 16 that funding has been restored to the applicable 17 law enforcement agency at the lesser of— 18 (i) the level at which the law enforce- 19 ment entity was funded prior to the 20 defunding or reduction in funding that 21 caused the Secretary to determine that the 22 State is a State described in subsection 23 (b); and 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 3960 IS (ii) the level at which the Secretary, in 1 consultation with the Attorney General, de- 2 termines is minimally necessary to ensure 3 the public safety. 4 (C) LIMITATION.—The Secretary may not 5 apportion or make available under this para- 6 graph any amounts withheld from a State or 7 local government during any fiscal year pre- 8 ceding the fiscal year in which the Secretary, in 9 consultation with the Attorney General, makes 10 the determination described in subparagraph 11 (B). 12 (D) EFFECT OF DETERMINATION ON FU- 13 TURE FUNDING.—Beginning on the date on 14 which the Secretary, in consultation with the 15 Attorney General, makes the determination de- 16 scribed in subparagraph (B), the applicable 17 State or local government shall not be subject 18 to the withholding described in subsection (a) 19 or paragraph (2), as applicable, with respect to 20 the defunding of, or reduction in funding for, a 21 law enforcement entity that caused the Sec- 22 retary to determine that the State was a State 23 described in subsection (b). 24 (d) REQUEST FOR REVIEW.— 25 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 3960 IS (1) IN GENERAL.—On the request of a State 1 from which amounts have been or will be withheld 2 under subsection (a) or a local government from 3 which amounts have been or will be withheld under 4 subsection (c)(2), the Secretary, in consultation with 5 the Attorney General— 6 (A) shall review any documentation or 7 other evidence submitted by the State or local 8 government; and 9 (B) based on that review, may determine 10 that the defunding of, or other reduction in 11 funding for, a law enforcement entity that 12 caused the Secretary to determine that the 13 State is a State described in subsection (b) was 14 carried out for a clear budgetary need. 15 (2) CONSIDERATIONS.—In determining whether 16 the applicable defunding of, or reduction in funding 17 for, a law enforcement entity was carried out for a 18 clear budgetary need under paragraph (1)(B), the 19 Secretary, in consultation with Attorney General, 20 may consider— 21 (A) any actual or anticipated reduction in 22 State or local government revenue; 23 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 3960 IS (B) any determination by the State or local 1 government that a general reduction in spend- 2 ing is required across all budget categories; 3 (C) in the case of a State or local govern- 4 ment with multiple law enforcement entities of 5 overlapping jurisdiction, whether a determina- 6 tion was made to consolidate those entities into 7 a single entity; and 8 (D) any other evidence presented by the 9 State or local government supporting an asser- 10 tion that the applicable defunding of, or reduc- 11 tion in funding for, a law enforcement entity 12 was carried out for a clear budgetary need. 13 (3) EFFECT OF DETERMINATION.—If the Sec- 14 retary, in consultation with the Attorney General, 15 determines under paragraph (1)(B) that the applica- 16 ble defunding of, or reduction in funding for, a law 17 enforcement entity was carried out for a clear budg- 18 etary need— 19 (A) the applicable State or local govern- 20 ment shall not be subject to the applicable with- 21 holding described in subsection (a) or sub- 22 section (c)(2) beginning on the date on which 23 that determination is made; and 24 VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 3960 IS (B) any amounts withheld from the State 1 or local government under subsection (a) or 2 subsection (c)(2), as applicable, during the fis- 3 cal year in which that determination is made 4 shall be apportioned or made available, as appli- 5 cable, to that State or local government. 6 Æ VerDate Sep 11 2014 23:54 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S3960.IS S3960 pbinns on DSKJLVW7X2PROD with BILLS