[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4893 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4893
To prohibit a State or local government from using highway safety
program funds for traffic control or traffic enforcement if such State
or local government defunds the police, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2021
Mr. Nehls (for himself and Mr. Crawford) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To prohibit a State or local government from using highway safety
program funds for traffic control or traffic enforcement if such State
or local government defunds the police, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blocking Lawlessness from
Undermining Enforcement Act'' or the ``BLUE Act''.
SEC. 2. PROHIBITION ON USE OF FUNDS.
(a) Highway Safety Programs.--Section 402(c) of title 23, United
States Code, is amended by adding at the end the following:
``(5) Traffic control or traffic enforcement.--
``(A) Prohibition.--A State, local government, or
political subdivision of a State, may not expend funds
apportioned to such State under this section, including
funds transferred pursuant to section 405(a)(8), for
traffic control or traffic enforcement if such State,
local government, or political subdivision defunds the
police.
``(B) Exemption.--
``(i) In general.--The Secretary may grant
an exemption from the requirements under
subparagraph (A) if the State, local
government, or political subdivision that
defunds the police submits a written request to
the Secretary and the Secretary approves such
request.
``(ii) Contents.--A request submitted under
clause (i) shall include--
``(I) the justification for the
requested exemption from the
requirements of subparagraph (A); and
``(II) a description of amount of
funds a State, local government, or
political subdivision intends to use
for traffic control or traffic
enforcement.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to result in a reduction in
the amount of funding a State may receive under this
section.
``(D) Definitions.--In this paragraph:
``(i) Defund the police.--
``(I) In general.--The term `defund
the police' means a situation in
which--
``(aa) a State, local
government, or political
subdivision of a State has a
police budget for--
``(AA) the fiscal
year during which this
paragraph is enacted
that is lower in amount
than such police budget
for the fiscal year
that includes January
1, 2000; or
``(BB) any fiscal
year following the
fiscal year during
which this paragraph is
enacted that is lower
in amount than such
police budget for the
previous fiscal year;
and
``(bb) such State, local
government, or political
subdivision has reallocated
such police budget funds to
other government agencies,
evidenced by public statements,
press releases, budget
justifications, budget
documentation, or any other
materials.
``(II) Exclusions.--The term
`defund the police' does not include a
situation in which--
``(aa) a State, local
government, or political
subdivision of a State reduces
funding for a police department
if the reduction of such
funding is part of an overall
budget reduction; or
``(bb) a police chief of a
police department has decided
to reallocate funds made
available to such police
department to psychological and
mental health programs.
``(ii) Traffic control or traffic
enforcement.--The term `traffic control or
traffic enforcement' means a service provided
by law enforcement officers in a State, local
government, or political subdivision of a State
that includes directing traffic, addressing
traffic infractions on roadways, or serving in
a traffic or roads policing unit enforcing
rules of the road.''.
(b) National Priority Safety Programs.--Section 405(a) of title 23,
United States Code, is amended by adding at the end the following:
``(11) Use of funds.--
``(A) In general.--Notwithstanding any other
provision of law, a State, local government, or
political subdivision of a State receiving a grant
under this section may not use such grant for traffic
control or traffic enforcement (as such term is defined
in section 402(c)(5)(D)) if such State, local
government, or political subdivision defunds the police
(as such term is defined in section 402(c)(5)(D)).
``(B) Exemption.--
``(i) In general.--The Secretary may grant
an exemption from the requirements under
subparagraph (A) if the State, local
government, or political subdivision that
defunds the police submits a written request to
the Secretary and the Secretary approves such
request.
``(ii) Contents.--A request submitted under
clause (i) shall include--
``(I) the justification for the
requested exemption from the
requirements of subparagraph (A); and
``(II) a description of amount of
funds a State, local government, or
political subdivision intends to use
for traffic control or traffic
enforcement.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to result in a reduction in
the amount of funding a State may receive under this
section.''.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the implementation of,
and compliance with, the amendments made by this Act.
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