Update from Washington, D.C.
Democrats Propose Comprehensive Policing Reform Legislation
Senate Nears Final Vote on Conservation Bill
In the wake of the tragedy in Minneapolis and nationwide calls for action on the part of federal, state, and local policymakers, Democrats in Congress unveiled earlier this week a major law enforcement reform package. The bill, known as the Justice in Policing Act of 2020, is being spearheaded in the House by Congressional Black Caucus Chairwoman Karen Bass (D-CA) and Judiciary Committee Chairman Jerrold Nadler (D-NY). In the Senate, the measure is being led by Senators Kamala Harris (D-CA) and Corey Booker (D-NJ), both of whom serve on the Judiciary Committee.
Among the many reforms in the bill are provisions that would require states and localities to make a series of certifications and meet specified requirements in order to be eligible for certain federal grant programs, namely Byrne Justice Assistance Grants and COPS Hiring Grants. The measure also would reduce the threshold for defining police misconduct from “willfully” violating constitutional rights to doing so with knowing or reckless disregard.
In addition, the Justice in Policing Act would:
- limit the transfer of military-grade equipment to state and local law enforcement;
- mandate the use of dashboard cameras and body cameras for federal officers and require state and local law enforcement to use existing federal funds to ensure the use of police body cameras;
- establish a National Police Misconduct Registry to prevent problematic officers who are fired or leave an agency from moving to another jurisdiction without any accountability;
- reform qualified immunity so that individuals are not barred from recovering damages when police officers violate their constitutional rights;
- establish public safety innovation grants for community-based organizations to create local commissions and task forces to help communities to develop concrete, just, and equitable public safety approaches;
- create law enforcement development and training programs to develop best practices and require the creation of law enforcement accreditation standard recommendations based on President Obama’s Taskforce on 21st Century policing;
- require state and local law enforcement agencies to report use of force data, disaggregated by race, sex, disability, religion, and age;
- improve the use of pattern and practice investigations at the federal level by granting the U.S. Department of Justice (DOJ) subpoena power and create a grant program for state attorneys general to develop authority to conduct independent investigations into problematic police departments; and,
- establish a DOJ task force to coordinate the investigation, prosecution and enforcement efforts of federal, state, and local governments in cases related to law enforcement misconduct.
The House bill currently has 166 Democratic cosponsors and is expected to be marked up in the Judiciary Committee next week, with a vote before the full chamber as early as the week of June 22. On a related matter, the Judiciary Committee held a hearing this week on policing practices and law enforcement accountability. The brother of George Floyd, who died in the custody of Minneapolis police officers, was among those to testify.
While the House legislation is expected to receive expedited consideration, the prospects for action in the Senate are less clear. For their part, Senate Republicans are discussing measures that would improve law enforcement practices, with Senator Tim Scott (R-SC) leading a task force on the matter. While Republicans weigh their legislative options, Senate Judiciary Committee Chairman Lindsey Graham (R-SC) has announced that he and the panel’s ranking member – Senator Dianne Feinstein (D-CA) – have agreed to hold an upcoming hearing on policing practices.
Senate Nears Final Vote on Conservation Measure
This week, the Senate continued consideration of legislation – the Great American Outdoors Act (S 3422) – that would convert the Land and Water Conservation Fund (LWCF) to mandatory funding. The LWCF, which is funded by a portion of offshore oil and gas leasing revenue, supports the protection of public lands and waters, including national parks, federal forest lands, wildlife refuges, and recreation areas. While the program is authorized at $900 million annually, Congress has rarely provided the full funding amount. For example, in fiscal year 2020, Congress appropriated $495 million for LWCF. If signed into law, the LWCF would no longer be subject to the annual appropriations process and would be guaranteed $900 million annually.
In addition, S 3422 would create a new account – the National Parks and Public Lands Legacy Restoration Fund – to address the deferred maintenance backlog on public lands, which National Park Service officials estimate at over $20 billion. The new fund, which would be maintained by a portion of currently uncommitted energy development lease payments and related revenue, would be capped at $1.9 billion per year and would go toward priority projects across federal land agencies.
Pursuant to S 3422, agencies would have to submit to Congress a list of shovel-ready deferred maintenance projects within 90 days of the bill’s enactment. A new list would have to accompany the president’s annual budget request to Congress until all amounts in the fund have been expended. Congress, through the appropriations process, could establish alternate allocations. However, in the absence of congressional action, the executive branch would have the authority to fund the projects it deems worthy.
Looking ahead, the Senate is expected to approve the bill early next week, with a similar measure expected to be taken up by the House in the coming weeks. For his part, President Trump has previously indicated his support for the legislation.