I 
116TH CONGRESS 
2D SESSION 
H. R. 8301 
To withhold a percentage of Federal funding from State and local prosecutors 
who fail to faithfully prosecute crimes related to protests and riots. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2020 
Mrs. LESKO (for herself, Mr. JORDAN, Mr. TIFFANY, Mr. DUNCAN, Mr. 
RESCHENTHALER, Mr. HICE of Georgia, Mr. STEUBE, Mr. BUDD, Mr. 
BURGESS, Mr. GIBBS, Mr. YOHO, Mr. WEBER of Texas, Mr. GAETZ, Mr. 
COLLINS of Georgia, Mr. GUEST, and Mr. KELLER) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To withhold a percentage of Federal funding from State 
and local prosecutors who fail to faithfully prosecute 
crimes related to protests and riots. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Holding Rioters Ac-
countable Act of 2020’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) Opportunistic rioters and violent extremists 
are destroying public and private property with im-
punity. 
(2) Local and Federal law enforcement officers 
are on the front lines every night attempting to pre-
vent the mass destruction of property. 
(3) Law enforcement officers are doing their 
jobs by arresting those who are found to be commit-
ting the violence and destruction. 
(4) In certain jurisdictions, however, local and 
State prosecutors are turning a blind eye to the de-
struction and violence. 
(5) These actions do a disservice to the law en-
forcement officers faithfully carrying out their re-
sponsibility to uphold the rule of law. 
(6) The Office of Justice Programs of the De-
partment 
of 
Justice 
provided 
approximately 
$5,000,000,000 in grants and funding to State and 
local governments in fiscal year 2020. 
(7) District attorney and State attorney general 
offices have abused the use of prosecutorial discre-
tion and fail to protect private and public property 
or fail to confront and address violent riots and 
looting should not receive Federal support. 
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(b) PURPOSE.—The purpose of this Act is to provide 
authority for the Attorney General to withhold Federal 
grant amounts and other funding provided to State and 
local prosecutors, district attorneys, and State attorney 
general offices if such prosecutors or offices fail to faith-
fully uphold the rule of law by failing to properly prosecute 
criminal acts committed during riots and protests. 
SEC. 3. WITHHOLDING OF PERCENTAGE OF DEPARTMENT 
OF JUSTICE GRANTS AND OTHER FUNDING 
SOURCES FROM STATE AND LOCAL PROSECU-
TORS, DISTRICT ATTORNEYS, AND STATE AT-
TORNEYS GENERAL. 
(a) IN GENERAL.—The Attorney General may with-
hold from all amounts that would otherwise be awarded 
or made available under part JJ of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10671 et seq.) or a COVID–19 related emergency funding 
program to a State prosecutor’s office, a district attor-
ney’s office, or a State attorney general’s office in a fiscal 
year by the Department of Justice— 
(1) not more than 10 percent of such amounts 
if the Attorney General determines, in accordance 
with subsection (b), that the office has abused the 
use of prosecutorial discretion by failing to prosecute 
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crimes stemming from riots or other violent or de-
structive protest activities; and 
(2) not more than 20 percent of such amounts 
if the Attorney General determines that, in the 
course of an abuse of the use of prosecutorial discre-
tion determined under paragraph (1), if a crime that 
was not prosecuted was an assault against a law en-
forcement officer. 
(b) STANDARD FOR DETERMINATION.— 
(1) IN GENERAL.—A State prosecutor’s office, 
a district attorney’s office, or a State attorney gen-
eral’s office shall be determined to have abused the 
prosecutorial discretion of the office under sub-
section (a) if the office refuses, as a general policy 
rather than on a case-by-case determination, to seek 
prosecution for crimes committed by individuals en-
gaged in or connected to rioting, looting, or other 
violent or destructive activities, unless such policy is 
in accordance with an order issued by a court of law. 
(2) LIMITATION.—A State prosecutor’s office, a 
district attorney’s office, or a State attorney gen-
eral’s office shall not be determined to have abused 
the prosecutorial discretion of the office under sub-
section (a) if the Attorney General determines that 
such exercise of prosecutorial discretion is properly 
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made based on the strength of evidence, individual 
facts in the case, cooperation of the defendant, or 
other appropriate prosecutorial decision making fac-
tors. 
(3) REQUIREMENT.—The Attorney General 
shall establish criteria for determining whether a 
State prosecutor’s office, a district attorney’s office, 
or a State attorney general’s office has abused the 
prosecutorial discretion of the office under sub-
section (a). 
(c) REVIEW OF RELEVANT INFORMATION.—In mak-
ing a determination under subsection (a), the Attorney 
General shall— 
(1) review any arrest statistics, information, or 
documents, provided by a law enforcement agency 
that conducted authorized operations connected to a 
riot or other violent or destructive protest activity; 
(2) review any prosecution statistics, informa-
tion, or documents, provided by the office being re-
viewed relating to indictment, dismissal, or convic-
tion of individuals charged with any crime connected 
to a riot or other violent or destructive protest activ-
ity; and 
(3) review any statements, orders, or other in-
formation made by an executive political leader with 
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responsibility for appointing or otherwise overseeing 
the operations and activities of the office being re-
viewed. 
(d) RESTRICTED USE OF FUNDS.—In the case of a 
State that the Attorney General determines is a State de-
scribed in subsection (a) because a local district attorney 
or prosecutor has abused prosecutorial discretion by fail-
ing to prosecute crimes stemming from riots or other vio-
lent or destructive protest activities, the State may not— 
(1) make the amounts made available under a 
program described in subsection (a) available for use 
by the local government; and 
(2) to the maximum extent practicable, expend 
the amounts made available under a program de-
scribed in subsection (a) in any community or loca-
tion subject to the jurisdiction of the local govern-
ment. 
Æ 
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