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Comparing Police Reform Bills: the Justice in

Policing Act and the JUSTICE Act



June 19, 2020
On May 25, 2020, George Floyd died in the custody of the Minneapolis police after an officer pressed his
knee into Floyd's neck while restraining him. That incident, others like it, and subsequent nationwide
protests have sparked heightened interest in the federal government's ability to prevent and remedy police
misconduct, especially the use of excessive force against people of color. The events of May and June
2020 have prompted action by the Executive Branch and legislative proposals in both houses of Congress.
On June 16, 2020, President Donald Trump issued an Executive Order on Safe Policing for Safe
Communities. On June 8, 2020, Members of the House of Representatives, led by the Congressional
Black Caucus, introduced the George Floyd Justice in Policing Act of 2020 (Justice in Policing Act), and
on June 17, 2020, Senate Republicans unveiled the Just and Unifying Solutions To Invigorate
Communities EveryvwhereAct of 2020 (JUSTICEAct). Aprevious Legal Sidebar briefly summarized the
Executive Order and both bills, along with other recent reform proposals. This Legal Sidebar provides a
comparison of the Justice in Policing Act and the JUSTICEAct. While this Sidebar does not purport to
detail every provision of the two bills exhaustively, it analyzes key similarities and differences that are
most relevant when evaluating the two proposals. The Sidebar first outlines subject matters that both bills
cover, detailing similarities and differences between each bill on those subjects. It concludes by
discussing provisions unique to each bill.

Subjects Covered by Both Bills
This section outlines subjects addressed by both the Justice in Policing Act and the JUSTICEAct. In
addition to addressing some of the same topics, the two bills are broadly similar in that many of their
provisions regulating state and local law enforcement would rely on Congress's power under the
Spending Clause to require states or state and local law enforcement agencies that accept federal funding
to implement certain policies as a condition of the grant. The primary s ourc es of federal funding to which
the bills would attach conditions are grants under the Byrne JAG programn and the COPS grant program.
In general, whenever either bill would impose an obligation on state or local governments who accept
federal funds, funding recipients who fail to comply with such obligations would become ineligible for
some or all funding from the specified sources. However, various provisions of both bills would directly
regulate federal and even state and local law enforcement officers.

                                                               Congressional Re search Service
                                                                 https://crsreports.congress.gov
                                                                                   LSB10498

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