PUBLIC SAFETY Act
- Bill Number
- S. 3631
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Economics and Public Finance
- Status
- Introduced
- Latest Action
- 2026-01-14: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-02-25T14:51:19Z
AI-Generated Summary
Purpose
The PUBLIC SAFETY Act (S. 3631) aims to redirect federal funds originally allocated for U.S. Immigration and Customs Enforcement (ICE) activities toward supporting local law enforcement hiring and justice assistance programs. This shift prioritizes investments in community policing and criminal justice initiatives at the state, local, and Tribal levels.
Key Provisions
- Funding for COPS Hiring Program (Section 2):
- Redirects appropriations to the Attorney General (instead of the Secretary of Homeland Security for ICE) for grants under the Community Oriented Policing Services (COPS) Hiring Program, as outlined in the Omnibus Crime Control and Safe Streets Act of 1968 (a federal law that funds law enforcement initiatives).
- Extends fund availability through September 30, 2030, specifically for hiring and rehiring officers and for community policing efforts.
- Introduces a waiver of certain administrative requirements (under section 1701(g) of the Omnibus Crime Control and Safe Streets Act) for small jurisdictions and Tribal governments employing fewer than 175 law enforcement officers, making it easier for them to access grants.
- Funding for Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program (Section 3):
- Appropriates an additional $45 billion for fiscal year 2025 to the Attorney General for the Byrne JAG Program, which provides flexible grants to states and localities for criminal justice purposes such as law enforcement, prosecution, courts, corrections, and crime prevention.
- Funds remain available until September 30, 2029, and are drawn from general Treasury funds not otherwise allocated.
Significant Changes to Existing Law
- Amends sections 100052 and 90003 of Public Law 119-21 (a prior reconciliation act), which previously directed funds to ICE for immigration enforcement and removal proceedings.
- Replaces references to ICE and immigration-related uses with allocations for domestic law enforcement grants under the COPS and Byrne JAG programs.
- Adds new waivers for small and Tribal entities in the COPS program, easing eligibility restrictions that previously applied more stringently to all recipients.
- Increases overall funding scale for Byrne JAG by a substantial amount ($45 billion), expanding beyond prior appropriations.
Potential Impacts
- On Government Agencies: Shifts resources from the Department of Homeland Security (DHS) and ICE toward the Department of Justice (DOJ), potentially reducing federal immigration enforcement capacity while bolstering DOJ's support for local programs. This could streamline grant administration but strain ICE's budget.
- On Citizens: Enhances local law enforcement hiring and community safety initiatives, potentially leading to more police presence and crime prevention in communities, especially in smaller or rural areas. However, it may indirectly affect immigration enforcement, impacting undocumented individuals or border communities.
- On International Relations: Minimal direct impact, though reduced ICE funding could signal a U.S. policy pivot away from aggressive immigration enforcement, possibly influencing perceptions of U.S. border security by international partners.
Main Stakeholders Affected
- Local and State Governments: Benefit from increased grants for hiring officers and justice programs, particularly small counties, municipalities, townships, villages, parishes, boroughs, and other sub-state entities.
- Tribal Governments: Gain easier access to COPS grants due to the new waiver for those with limited officer numbers, supporting Tribal law enforcement.
- Law Enforcement Agencies: Primary recipients, including police departments eligible for COPS hiring and broader justice entities under Byrne JAG.
- Federal Agencies: DOJ (gains funding and responsibilities); DHS/ICE (loses redirected funds).
- Communities and Citizens: Especially in underserved areas, through improved local policing and crime reduction efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on Congress's constitutional power of the purse (Article I, Section 9) to control appropriations, allowing redirection of funds without new revenue. The waivers simplify grant access but must comply with anti-discrimination and equal protection standards under the U.S. Constitution.
- Constitutional: No direct challenges anticipated, as it involves statutory amendments to existing grant laws; however, it could face scrutiny if viewed as undermining executive enforcement priorities in immigration (a shared federal power).
- Political: Highlights tensions between immigration enforcement and domestic crime control, potentially fueling debates in a divided Congress. The bill's introduction by a bipartisan group of senators suggests cross-aisle appeal for local funding, but redirection from ICE may draw opposition from immigration hawks. As a reconciliation-related measure, it could bypass filibuster if attached to budget processes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
Cosponsors (9)
Sen. Coons, Christopher A. [D-DE], Sen. Rosen, Jacky [D-NV], Sen. Hickenlooper, John W. [D-CO], Sen. Heinrich, Martin [D-NM], Sen. Bennet, Michael F. [D-CO], Sen. Luján, Ben Ray [D-NM], Sen. Baldwin, Tammy [D-WI], Sen. Cantwell, Maria [D-WA], Sen. Reed, Jack [D-RI]
Recent Actions
- 2026-01-14: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2026-01-14: Introduced in Senate
Bill Versions
- Providing Useful Budgets for Localities to Invest in Cops by Substituting Appropriations from Federal Enforcement To Yield Results Act — issued 2026-01-14 — PDF (3 pages)