,,ii #aafth ,,congress #b;d ,session ,s4 #cifj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjbj,mrs4 ,loeffler introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,secretary of ,transportation to withhold certain amounts from ,state and local governments that defund or otherwise reduce funding for certain law enforcement entities without a clear budgetary reason1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,public ,safety and ,supporting ,law ,enforcement ,act of #bjbj4 #b4 ,findings and purpose 7a7 ,findings ,congress finds that-- 7#a7 law enforcement officers provide a necessary public service by enforcing the rule of law1 preventing crime and civil disorder1 protecting communities and property1 and ensuring the safety and health of the people of the ,united ,states1 including by ensuring-- 7,a7 the safe operation of motor vehicles2 7,b7 the safe use of public routes of transportation1 such as highways and other roadways1 pedestrian walkways1 and sidewalks2 and 7,c7 that parks remain safe1 open1 civil1 and available for public enjoyment2 7#b7 police forces and other law enforcement entities require full funding to ensure a sufficient presence of officers to maintain the safe use of public roadways1 highways1 walkways1 sidewalks1 and city blocks in every community across the ,united ,states2 7#c7 absent a fully funded police force1 people using roadways1 community parks1 city sidewalks1 or other public areas may be placed at increased risk from-- 7,a7 the unsafe operation of motor vehicles1 including by themselves or others2 and 7,b7 other dangers to public safety2 7#d7 a fully funded police force is necessary to protect-- 7,a7 the public safety of the general population of a community2 and 7,b7 law enforcement officers in the community1 as required by ,executive ,order #acggd 7#hb ,fed4 ,reg4 #ajfie2 relating to preventing violence against ,federal1 ,state1 ,tribal1 and local law enforcement officers72 7#e7 defunding or otherwise reducing funding for ,state or local law enforcement entities will result in a reduction in1 or the elimination of1 the presence of law enforcement officers in communities1 resulting in a ,state being noncompliant with the safety requirements of certain ,federal programs1 including the requirements of-- 7,a7 the highway safety programs under section #djb of title #bc1 ,united ,states ,code2 and 7,b7 the national priority safety programs under section #dje of title #bc1 ,united ,states ,code2 and 7#f7 it is necessary to ensure that ,state and local governments do not defund or otherwise reduce funding for police forces and other law enforcement entities absent a clear budgetary need to do so4 7b7 ,purpose ,the purpose of this ,act is to provide authority for the ,secretary1 in consultation with the ,attorney ,general1 to withhold certain funds from ,state and local governments that unnecessarily put the people subject to the jurisdiction of those governments at risk from a lack of sufficient law enforcement resources1 including the presence of law enforcement officers1 by defunding or otherwise reducing funding for police forces or other law enforcement entities absent a clear budgetary need to do so4 #c4 ,definitions ,in this ,act3 7#a7 ,clear budgetary need ,the term clear budgetary need1 with respect to an action taken by a ,state or local government to defund or otherwise reduce funding for a law enforcement entity1 means that the action was taken-- 7,a7 in the course of a ,state or local government annual budget process2 and 7,b7 in consideration of the revenues and expenditures of the ,state or local government4 7#b7 ,law enforcement entity ,the term law enforcement entity means a ,state or local agency that engages in or supervises the prevention1 detection1 or investigation of violations of laws1 including criminal or traffic laws4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #d4 ,withholding of certain ,department of ,transportation funding from ,state and local jurisdictions 7a7 ,in general ,subject to subsections 7c7 and 7d71 the ,secretary shall withhold from a ,state described in subsection 7b7 #e percent of-- 7#a7 the amount required to be apportioned to the ,state under section #djb of title #bc1 ,united ,states ,code1 on the first day of each fiscal year after the fiscal year in which the ,secretary determines that the ,state is a ,state described in subsection 7b72 and 7#b7 the amount made available to the ,state under section #dje of title #bc1 ,united ,states ,code1 for each fiscal year after the fiscal year in which the ,secretary determines that the ,state is a ,state described in subsection 7b74 7b7 ,states described ,a ,state referred to in subsection 7a7 is a ,state in which the ,state or a local government within that ,state defunds or otherwise reduces funding for a law enforcement entity absent a clear budgetary need for doing so4 7c7 ,effect of withholding of funds 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c7 and subsection 7d71 no amounts withheld from a ,state under subsection 7a7 shall be apportioned or made available to that ,state4 7#b7 ,restricted use of funds ,in the case of a ,state that the ,secretary determines is a ,state described in subsection 7b7 because a local government within that ,state has defunded or otherwise reduced funding for a law enforcement entity as described in that subsection1 the ,secretary may apportion or make available to the ,state1 as applicable1 the amounts described in subsection 7a7 if the ,state agrees-- 7,a7 not to make those amounts available for use by that local government2 and 7,b7 to the maximum extent practicable1 not to expend those amounts in any community or location subject to the jurisdiction of that local government4 7#c7 ,restoration of law enforcement funding 7,a7 ,in general ,any amounts withheld from a ,state under subsection 7a7 or local government under paragraph 7#b7 during the fiscal year in which the ,secretary1 in consultation with the ,attorney ,general1 makes a determination under subparagraph 7,b7 that funding has been restored to the applicable law enforcement entity at the level described in that subparagraph shall be apportioned or made available1 as applicable1 to that ,state or local government4 7,b7 ,determination of funding level ,amounts may be apportioned or made available to a ,state or local government under subparagraph 7,a7 for the fiscal year described in that subparagraph if the ,secretary1 in consultation with the ,attorney ,general1 determines that funding has been restored to the applicable law enforcement agency at the lesser of-- 7i7 the level at which the law enforcement entity was funded prior to the defunding or reduction in funding that caused the ,secretary to determine that the ,state is a ,state described in subsection 7b72 and 7ii7 the level at which the ,secretary1 in consultation with the ,attorney ,general1 determines is minimally necessary to ensure the public safety4 7,c7 ,limitation ,the ,secretary may not apportion or make available under this paragraph any amounts withheld from a ,state or local government during any fiscal year preceding the fiscal year in which the ,secretary1 in consultation with the ,attorney ,general1 makes the determination described in subparagraph 7,b74 7,d7 ,effect of determination on future funding ,beginning on the date on which the ,secretary1 in consultation with the ,attorney ,general1 makes the determination described in subparagraph 7,b71 the applicable ,state or local government shall not be subject to the withholding described in subsection 7a7 or paragraph 7#b71 as applicable1 with respect to the defunding of1 or reduction in funding for1 a law enforcement entity that caused the ,secretary to determine that the ,state was a ,state described in subsection 7b74 7d7 ,request for review 7#a7 ,in general ,on the request of a ,state from which amounts have been or will be withheld under subsection 7a7 or a local government from which amounts have been or will be withheld under subsection 7c77#b71 the ,secretary1 in consultation with the ,attorney ,general-- 7,a7 shall review any documentation or other evidence submitted by the ,state or local government2 and 7,b7 based on that review1 may determine that the defunding of1 or other reduction in funding for1 a law enforcement entity that caused the ,secretary to determine that the ,state is a ,state described in subsection 7b7 was carried out for a clear budgetary need4 7#b7 ,considerations ,in determining whether the applicable defunding of1 or reduction in funding for1 a law enforcement entity was carried out for a clear budgetary need under paragraph 7#a77;,b71 the ,secretary1 in consultation with ,attorney ,general1 may consider-- 7,a7 any actual or anticipated reduction in ,state or local government revenue2 7,b7 any determination by the ,state or local government that a general reduction in spending is required across all budget categories2 7,c7 in the case of a ,state or local government with multiple law enforcement entities of overlapping jurisdiction1 whether a determination was made to consolidate those entities into a single entity2 and 7,d7 any other evidence presented by the ,state or local government supporting an assertion that the applicable defunding of1 or reduction in funding for1 a law enforcement entity was carried out for a clear budgetary need4 7#c7 ,effect of determination ,if the ,secretary1 in consultation with the ,attorney ,general1 determines under paragraph 7#a77;,b7 that the applicable defunding of1 or reduction in funding for1 a law enforcement entity was carried out for a clear budgetary need-- 7,a7 the applicable ,state or local government shall not be subject to the applicable withholding described in subsection 7a7 or subsection 7c77#b7 beginning on the date on which that determination is made2 and 7,b7 any amounts withheld from the ,state or local government under subsection 7a7 or subsection 7c77#b71 as applicable1 during the fiscal year in which that determination is made shall be apportioned or made available1 as applicable1 to that ,state or local government4