BREATHE Act

BREATHE Act. The BREATHE Act is a comprehensive legislative proposal introduced in the United States Congress in 2020, aiming to radically transform the nation's criminal justice system and reallocate federal funding from policing and incarceration to community-based public safety and social services. Championed by members of the Congressional Progressive Caucus and developed in partnership with the Movement for Black Lives coalition, the proposal emerged as a direct policy response to the George Floyd protests and widespread calls for systemic change. It seeks to address issues of racial injustice, mass incarceration, and police brutality through a sweeping set of federal reforms.

Overview

The legislation was formally introduced by Representatives Rashida Tlaib of Michigan and Ayanna Pressley of Massachusetts, both prominent members of the "Squad". The framework was crafted in collaboration with the Movement for Black Lives, a coalition that includes groups like Black Lives Matter Global Network Foundation and the M4BL Policy Table. Its introduction during the 116th United States Congress positioned it as one of the most ambitious policy platforms following the Murder of George Floyd, alongside other proposals like the George Floyd Justice in Policing Act. The act's title is an acronym for "Breathing, Revitalization, Education, Accountability, Therapy, and Healing for Everyone," encapsulating its holistic approach to public safety beyond traditional law enforcement.

Key provisions

The proposal is divided into four main pillars, each containing numerous specific mandates for federal action. The first pillar focuses on divesting federal resources from policing and incarceration, including closing federal prisons like the Bureau of Prisons facilities, ending funding for Immigration and Customs Enforcement and Customs and Border Protection detention, and repealing statutes that mandate minimum sentences. The second pillar emphasizes investing in new, non-punitive approaches to community safety, proposing federal grants for initiatives such as community-based violence interruption programs, universal childcare, and environmental cleanup in communities like those in Cancer Alley. A third pillar seeks to allocate funding for equitable, healthy communities, including measures for student loan cancellation, a pilot program for a universal basic income, and investments in public housing. The final pillar mandates structural policy changes to ensure political participation and oversight, such as restoring voting rights for all incarcerated citizens and establishing federal commissions to study reparations for African Americans and the harmful impacts of the War on Drugs.

Legislative history

The bill was introduced as a resolution in the United States House of Representatives in July 2020, detailing a policy vision rather than specific statutory text for immediate passage. It was referred to multiple committees, including the House Judiciary Committee and the House Energy and Commerce Committee, but did not receive a committee vote or advance to the House floor. While not enacted, its principles influenced the policy debate within the Democratic Party and were echoed in more narrowly tailored legislation. The proposal remained a symbolic benchmark for transformative change throughout the 117th United States Congress, with advocates continuing to push for its components to be adopted piecemeal.

Support and advocacy

Primary support for the legislation came from a coalition of progressive organizations, activists, and lawmakers. The Movement for Black Lives served as its chief architect and grassroots mobilizer, with allied groups like the American Civil Liberties Union and the Leadership Conference on Civil and Human Rights endorsing its goals. Key political supporters included members of the Congressional Black Caucus such as Cori Bush of Missouri and Ilhan Omar of Minnesota, as well as influential figures like Bernie Sanders. Endorsements also came from prominent activists and scholars, including Angela Davis and Keeanga-Yamahtta Taylor, who framed it as a necessary step toward dismantling systemic racism and addressing the legacy of slavery in the United States.

Criticism and opposition

The proposal faced significant criticism from political opponents and some law enforcement organizations. Republicans in Congress, including then-Minority Leader Kevin McCarthy, denounced it as a radical plan to "defund the police" that would endanger public safety. Organizations like the Fraternal Order of Police and the National Association of Police Organizations strongly opposed its divestment provisions. Some moderate Democrats, while sympathetic to reform, expressed concerns about the political viability and scope of its demands, preferring incremental changes like those in the George Floyd Justice in Policing Act. Critics also argued that certain provisions, such as closing all federal prisons, were impractical and that the bill's cost, which involved trillions in new social spending, was prohibitively high.

Impact and legacy

Although not passed into law, the BREATHE Act significantly shaped the national discourse on criminal justice and racial equity. It established a comprehensive left-wing policy platform that moved beyond reformist measures to advocate for a fundamental reimagining of public safety. Its influence can be seen in local initiatives across cities like Los Angeles, New York City, and Minneapolis, where debates over police budgeting intensified. The act also provided a concrete agenda for the defund movement, influencing subsequent legislative efforts at state and municipal levels and ensuring that calls for transformative investment in communities remained central to the policy conversation following the protests of 2020.