Memorandum on Reviewing Funding to State and Local Government Recipients That Are Permitting Anarchy, Violence, and Destruction in American Cities
https://www.whitehouse.gov/presidential-actions/memorandum-reviewing-funding-state-local-government-recipients-permitting-anarchy-violence-destruction-american-cities/
MEMORANDUM FOR THE ATTORNEY GENERAL
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities
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Sec. 2. Review of Federal Funds. To advance the policy set forth in section 1 of this memorandum, within 14 days of the date of this memorandum, the Director of the Office of Management and Budget (OMB) shall issue guidance to the heads of executive departments and agencies (agencies) for each agency to submit a report to the Director of OMB detailing all Federal funds provided to Seattle, Portland, New York City, Washington, D.C., or any components or instrumentalities of the foregoing jurisdictions.
Sec. 3. Restrictions on Federal Grant Funding. To advance the policy set forth in section 1 of this memorandum:
(a) Within 14 days of the date of this memorandum, and updated as appropriate but no less than every 6 months thereafter, the Attorney General, in consultation with the Secretary of Homeland Security and the Director of OMB, shall publish on the Department of Justice website a list identifying State and local jurisdictions that have permitted violence and the destruction of property to persist and have refused to undertake reasonable measures to counteract these criminal activities (anarchist jurisdictions).
(b) In identifying anarchist jurisdictions, the Attorney General, in consultation with the Secretary of Homeland Security and the Director of OMB, shall consider, as appropriate:
(i) whether a jurisdiction forbids the police force from intervening to restore order amid widespread or sustained violence or destruction;
(ii) whether a jurisdiction has withdrawn law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access but have been officially prevented from accessing or permitted to access only in exceptional circumstances, except when law enforcement officers are briefly withheld as a tactical decision intended to resolve safely and expeditiously a specific and ongoing unlawful incident posing an imminent threat to the safety of individuals or law enforcement officers;
(iii) whether a jurisdiction disempowers or defunds police departments;
(iv) whether a jurisdiction unreasonably refuses to accept offers of law enforcement assistance from the Federal Government; and
(v) any other related factors the Attorney General deems appropriate.
(c) Within 30 days of the date of this memorandum, the Director of OMB shall issue guidance to the heads of agencies on restricting eligibility of or otherwise disfavoring, to the maximum extent permitted by law, anarchist jurisdictions in the receipt of Federal grants that the agency has sufficient lawful discretion to restrict or otherwise disfavor anarchist jurisdictions from receiving.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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