Fund the Police Act of 2021
Bill: S.2426 | Sponsor: Sen. Cotton, Tom (R-AR)
Policy area: Crime and Law Enforcement

Summary:
Fund the Police Act of 2021
The bill rescinds specified COVID-19 relief funds and makes the funding available to the Department of Justice (DOJ) for law enforcement grant programs.
Specifically, the bill rescinds certain unobligated funds that were provided by the American Rescue Plan Act of 2021 for making payments to states, territories, and tribal governments to mitigate the fiscal effects stemming from the COVID-19 public health emergency.
The bill makes the rescinded funds available to DOJ for (1) the Edward Byrne Memorial Justice Assistance Grant program, and the (2) Community Oriented Policing Services (COPS) grant program. It also makes a portion of the funds available to establish a Law Enforcement Assistance Trust Fund to ensure the long-term availability of federal support for state and local law enforcement activities.

To transfer unobligated COVID relief funds to the Department of Justice 
          for the COPS Hiring Program, 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 ``Fund the Police Act of 2021''.

SEC. 2. RESCISSION OF CORONAVIRUS STATE FISCAL RECOVERY FUND AMOUNTS.

    (a) Rescission.--
            (1) In general.--Of the unobligated balances of amounts 
        appropriated under section 602(a)(1) of the Social Security Act 
        (as added by section 9901 of the American Rescue Plan Act of 
        2021 (Public Law 117-2)) on the date of enactment of this Act, 
        $50,000,000,000 is rescinded.
            (2) Conforming amendments.--Section 602 of the Social 
        Security Act (as added by section 9901 of the American Rescue 
        Plan Act of 2021 (Public Law 117-2)) is amended--
                    (A) in subsection (a)(1), by striking 
                ``$219,800,000,000'' and inserting 
                ``$169,800,000,000''; and
                    (B) in subsection (b)(3)(A), by striking 
                ``$195,300,000,000'' and inserting 
                ``$145,300,000,000''.
    (b) Appropriation.--There is appropriated for an additional amount, 
out of amounts in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2021, an amount equal to the amount 
rescinded under subsection (a)(1), to remain available until expended, 
to the Attorney General, of which--
            (1) $1,000,000,000 shall be made available under the 
        heading ``Department of Justice--Office of Justice Programs--
        State and Local Law Enforcement Assistance'' for the Edward 
        Byrne Memorial Justice Assistance Grant program as authorized 
        by subpart 1 of part E of title I of the Omnibus Crime Control 
        and Safe Streets Acts of 1968 (except that section 1001(c), and 
        the special rules for Puerto Rico under section 505(g), of such 
        Act, shall not apply for purposes of this Act):  Provided, That 
        each recipient of an award under the Edward Byrne Memorial 
        Justice Assistance Grant program certify that the recipient is 
        in compliance with section 642 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1373);
            (2) $1,000,000,000 shall be made available under the 
        heading ``Department of Justice--Office of Justice Programs--
        Community Oriented Policing Services'' for grants under section 
        1701 of title I of the 1968 Omnibus Crime Control and Safe 
        Streets Act (34 U.S.C. 10381) for hiring and rehiring of 
        additional career law enforcement officers under part Q of such 
        title, notwithstanding subsection (i) of such section 1701:  
        Provided, That each recipient of an award under section 1701 of 
        title I of the 1968 Omnibus Crime Control and Safe Streets Act 
        (34 U.S.C. 10381) certify that the recipient is in compliance 
        with section 642 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); and
            (3) $48,000,000,000 shall be made available under the 
        heading ``Department of Justice--Office of Justice Programs'' 
        to establish a Law Enforcement Assistance Trust Fund to ensure 
        the long-term availability of Federal support for State and 
        local law enforcement activities, of which not more than 
        $500,000,000 may be made available in each fiscal year for 
        grants awarded under the Community Oriented Policing Services 
        grant program under section 1701 of title I of the 1968 Omnibus 
        Crime Control and Safe Streets Act (34 U.S.C. 10381), except 
        that not less than 80 percent of such amount shall be made 
        available for hiring and rehiring of additional career law 
        enforcement officers under part Q of such title, 
        notwithstanding subsection (i) of such section 1701, and not 
        more than $500,000,000 may be made available in each fiscal 
        year for grants awarded under the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E 
        of title I of the Omnibus Crime Control and Safe Streets Acts 
        of 1968:  Provided, That each recipient of an award made out of 
        the Law Enforcement Assistance Trust Fund certify that the 
        recipient is in compliance with section 642 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1373).
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