Title: BLUE Act
Policy area: Transportation and Public Works

Summary:
Blocking Lawlessness from Undermining Enforcement Act or the BLUE Act
This bill generally prohibits the use of Highway Safety Program or National Priority Safety Program funds for traffic control or enforcement by a state or locality that defunds the police (i.e., reduces its police budget and reallocates the funds to other government agencies).
However, states and localities may use such funds for traffic control and enforcement if (1) reducing the police budget is part of an overall budget reduction, or (2) the police chief decides to reallocate a portion of the police budget for mental health programs. Additionally, a state or locality may request an exemption from the prohibition.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2961 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2961

   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 SENATE OF THE UNITED STATES

                            October 7, 2021

  Mr. Cassidy introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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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