DARRYL NIRENBERG
Partner
ROWAN BOST
Government Affairs Director
BRADY MCNAMARA
Legislative Assistant
Steptoe LLP
After a long August recess, members of Congress returned to Washington on September 2 with the primary objective of keeping the government funded. As the appropriations process is well underway, lawmakers have just a few weeks until September 30 to pass appropriations legislation or risk a shutdown, beginning October 1. With Congress leaving town for a week in the middle of September, the early part of the month will be crucial in determining the path forward. Currently, lawmakers are considering a plan that would include enacting a small package of FY26 bills, otherwise known as a “minibus,” and a continuing resolution (CR), which would maintain current funding levels for the remaining bills, likely until sometime in November.
PORAC remains engaged on Capitol Hill to promote full support and funding for state and local law enforcement grant programs in the Commerce, Justice and Science (CJS) appropriations bill, which funds the Department of Justice (DOJ).
The Senate CJS bill includes $500 million for the Community Oriented Policing Services (COPS) Office, up nearly $83 million from the FY25 level and $156 million from President Trump’s request. The bill also provides full funding for the anti-meth and anti-heroin task forces. Byrne JAG funding is proposed at $569 million, an increase of $70 million from the FY25 level. Senator Chris Van Hollen (D-Md.) has blocked an effort to begin floor debate on the Senate CJS bill due to his concerns over the location of the FBI headquarters, and this issue remains unresolved.
Republicans on the House Appropriations Committee voted to approve the House CJS bill by a vote of 34–28 in a markup held on September 10. The approved bill proposes nearly $654 million for the COPS Office and provides full funding for the anti-meth and anti-heroin task forces. The committee also proposes $898 million for Byrne JAG funding, as opposed to the $446 million in the president’s budget. In total, the House Appropriation Committee is proposing to fund state and local law enforcement activities at $4.1 billion, which is about $460 million above the FY25 enacted level. As Democrats are contesting both House and Senate CJS bills, it is unlikely that these bills will be placed into the minibus, and rather, funding for Justice Department programs will be covered in any CR.
In addition to sorting out annual funding, Congress is focused on passing the annual National Defense Authorization Act (NDAA), which authorizes key programs within the U.S. Department of Defense. Because the NDAA is one of the few bills that must pass each year, it frequently becomes a legislative vehicle to which members of Congress will seek to attach other legislative priorities. This year, Senator Chuck Grassley (R-Iowa) requested an amendment to the NDAA that includes a package of eight law enforcement-related bills, all of which have been favorably reported by the Senate Judiciary Committee and are endorsed by PORAC. While the senator’s amendment was not included in the Senate bill, PORAC will continue to advocate for the passage of these bills, among other legislative priorities.
Crime in Cities — What’s Next From the Trump Administration?
On August 11, President Trump signed an executive order declaring a crime emergency in Washington, D.C. The president invoked a specific clause of authority under the District of Columbia Self-Government and Governmental Reorganization Act to require the mayor to make the services of the Metropolitan Police Department available to the president. On the same day, President Trump signed an additional executive order directing the Secretary of Defense to mobilize the D.C. National Guard and import guard units from “allied” states throughout the city until the president determines that the conditions of law and order have been restored.
The White House reports that crime numbers in D.C. have hit new lows due to these actions. As a result, the Trump administration is exploring similar interventions in major cities across the country, including Baltimore, Chicago, Memphis and New Orleans. During a September 12 episode of Fox & Friends, the president announced that Memphis would be the next city where the National Guard would be deployed. He emphasized that his decision is supported by both the city’s Democratic mayor and the Republican governor of Tennessee, Bill Lee.
Meanwhile, Louisiana’s Republican governor, Jeff Landry, has expressed support for increasing federal involvement in New Orleans. However, Maryland Governor Wes Moore and Illinois Governor J.B. Pritzker have strongly opposed the administration’s proposal to deploy federal troops in cities within their states. Both governors assert that the National Guard operates under state authority, not the federal government, and argue that such interventions overstep executive authority. Governor Moore has been open to assistance from other federal agencies like the FBI and ATF, but warns against deploying soldiers to patrol Baltimore. Similarly, Governor Pritzker told the president bluntly, “Do not come to Chicago,” claiming Chicago crime rates are down this year and accusing the administration of engaging in political theater.
House Republicans have begun considering bills that would further limit Washington, D.C.’s home rule, impose tougher punishments on crime and roll back many criminal justice reforms instituted by the D.C. government. The bills being considered would grant the president the authority to appoint the attorney general of D.C., make judicial nominations to the D.C. Court, establish a program to remove graffiti, fine encampments on public property, limit the city’s ability to enact changes to its criminal sentencing laws and reform D.C. policing protocols. As the Trump administration seeks to extend the emergency declaration in D.C. and new developments continue to emerge throughout the country, PORAC will remain engaged with policymakers to prioritize the safety of law enforcement.
Upcoming PORAC and West Coast Coalition D.C. Fly-In
During the final week of October, PORAC and the West Coast Coalition of law enforcement will travel to D.C. for a series of high-level discussions on issues of concern to PORAC members. Our meetings with key lawmakers, officials in the Executive Branch and leaders of law enforcement associations and national organizations will aim to strengthen alliances and advance a shared agenda for pragmatic, forward-thinking reforms in law enforcement. As your legislative advocates in Washington prepare a comprehensive agenda for the fly-in, we will work to ensure our legislative priorities are reflective of the realities PORAC members face day to day.
We want to hear from you: If there are specific policy issues that you’d like us to highlight for our elected officials in D.C., we encourage you to reach out. Contact PORAC headquarters at (916) 928-3777 or your advocates at Steptoe LLP by calling (202) 429-6457. Your input is invaluable in shaping the conversation and driving tangible change for the men and women who wear the uniform.