NAPO Submits Testimony for House Hearing on the Use of Federal Monitors
The House Judiciary Subcommittee on Crime and Federal Government Surveillance, chaired by Congressman Andy Biggs (R-AZ), held a hearing on February 13, entitled "The Monitoring Racket: The Grift that Keeps on Giving.” The hearing focused on the federal monitors overseeing the Maricopa County Sheriff's Department (MCSD) settlement agreement, which has been in place since 2011, and their abuse of the monitoring system for their own unrelated gain. While the hearing concentrated on the MCSD settlement agreement, the issues faced by Maricopa County and the Sheriff’s Department are not unique to this settlement agreement.
The history of the Department of Justice’s use of consent decrees and settlement agreements within the state and local law enforcement context is checkered. In some cases, improper or concerning practices or situations have been correctly identified, addressed, and resolved, and the decree closed or otherwise set aside. In too many other cases, however, the decree process, once in place, turns into a self-perpetuating entity, with monitors overseeing what becomes, in effect, a cottage industry of oversight and shifting goalposts. The original goals of the Decree, which may have been appropriately tailored to address specific issues or shortcomings, have long since been achieved. Yet the agency and officers continue to have additional, burdensome requirements imposed upon them.
NAPO submitted written testimony, which was acknowledged and submitted by Chairman Biggs for the record during the hearing. It is our hope that this hearing is just the first step in Congressional oversight of the consent decree process, which oftentimes has a detrimental impact on state and local law enforcement agencies and officers.
NAPO strongly supports protecting the interests of state and local governments in managing their own affairs and limiting the duration of federal consent decrees to which state and local governments are party. We will continue working with the Committee and the Administration to fix the broken federal monitoring system.
PBM Reforms Included in Fiscal 2026 Appropriations Bill
The Fiscal 2026 appropriations package that was signed into law by President Trump on February 3, the Consolidated Appropriations Act, 2026 (CAA), included a set of pharmacy benefit manager (PBM) reforms affecting Medicare Part D, Medicare Advantage-Prescription Drug, and commercial plans. The legislation delinks PBM compensation from drug list prices and limits payments to bona fide service fees by making them flat fees and no longer based on drug price. The CAA also requires PBMs to pass-through 100 percent of manufacturer rebates and fees to prescription drug plans and establishes new transparency and reporting requirements for PBMs.
The enhanced transparency conditions in the CAA include requiring PBMs to provide detailed data reports to larger prescription drug plans (those covering at least 100 employees) quarterly upon request or at least every six months. The information to be incorporated in the data reports include details regarding the compensation paid by the plan to the PBM for each drug, the compensation paid by the PBM to the pharmacy for a drug, and the total amounts received, or expected to be received, by the plan and by the PBM from drug manufacturers in rebates, fees, or alternative discounts.
Out-of-pocket health care costs are skyrocketing for Americans, and many are faced with unexpected and unaffordable medical payments for treatments and prescription drugs. Greater transparency in prescription drug costs and the PBM marketplace will help ensure patients and employer-sponsored health plans know the true cost of drugs and can get the best deal available.
NAPO looks forward to working with Congress to build on these reforms to further reduce medical costs for all Americans.
NAPO Opposes Bill to Reinstate De Minimis Loophole
On February 18, NAPO, together with our partners in the Coalition to Close the De Minimis Loophole, sent a letter to House Speaker Mike Johnson (R-LA) and Minority Leader Hakeem Jeffries (D-NY) urging them to oppose and block consideration of the Secure Revenue Clearance Channel Act (H.R. 7224). This legislation would exempt millions of daily packages from full normal customs reporting requirements, creating a new trade loophole that would aid smugglers attempting to sneak fentanyl, fentanyl precursors and other illicit goods into the United States, undoing the important progress made to close this pathway to narcotrafficking and unsafe products that endanger our communities.
Prior to President Trump’s July 30, 2025, executive orders ending de minimis, packages containing tariff-dodging products flooded the United States, unfairly undermining American workers and producers and aiding the smuggling of illicit goods like fentanyl and fentanyl precursors that poison our communities. By ending de minimis, the President’s executive actions closed a gateway into our country for illegal and toxic goods. The Secure Revenue Clearance Channel Act would resurrect the underlying problems associated with the de minimis trade loophole we worked so hard to close.
NAPO is working with Congressional leadership and the Administration to ensure that this bill does not move forward and the de minimis loophole remains closed. NAPO’s advocacy efforts in opposition to this bill were highlighted in the February 18 edition of Politico’s Influence newsletter.
Congress Takes First Steps to Reauthorize FirstNet
The House Energy and Commerce Subcommittee on Communications and Technology marked up the First Responder Network Authority Reauthorization Act (H.R. 7386), sponsored by Representatives Neal Dunn (R-FL) and Jennifer McClellan (D-VA), which would reauthorize the FirstNet Authority, on February 10.
FirstNet is a nationwide broadband network dedicated to emergency responders and the public safety community. It arose out of the experiences of first responders on September 11, 2001, who struggled to communicate with one another as they responded to the terrorist attacks on the World Trade Centers. NAPO was instrumental in the creation of the FirstNet Authority in 2012, urging Congress to create a single nationwide network that allows all public safety agencies to communicate with one another.
While NAPO strongly supports reauthorizing the FirstNet Authority, we are closely monitoring the First Responder Network Authority Reauthorization Act as it would make significant changes to how FirstNet operates. Currently, FirstNet is an independent agency within the Department of Commerce’s National Telecommunications and Information Administration (NTIA). While the NTIA oversees FirstNet, the FirstNet Authority Board is given wide discretion to run FirstNet and performs, reviews, approves, oversees, and recommends actions for a variety of FirstNet activities.
The First Responder Network Authority Reauthorization Act would add additional government oversight by the NTIA, including additional procedural hurdles for FirstNet to go through to take actions, set fees and determine where investments from those fees and other funding should go – all things the FirstNet Authority can do now on its own, under the guidance of its Board.
The bill in its current form would increase the administrative burdens on FirstNet and make it a less independent body, which we believe could be detrimental to the responsiveness and effectiveness of the network.
During the Subcommittee markup, it was acknowledged that this is just the first step in moving the bill forward and changes are needed. Subcommittee members and the bill’s sponsors promised to work with public safety organizations in good faith to improve the bill and gain our support. The goal is to ensure the FirstNet Authority remains reliable and prioritizes the ability of public safety officers to do their jobs.
NAPO looks forward to working with the Committee and Representatives Dunn and McClellan to ensure the reauthorization of the FirstNet Authority meets the needs of the practitioners on the streets.
DHS Shutdown Entering Second Week
The Department of Homeland Security (DHS) is heading towards the second week of being shut down as Congress and the Administration fight over reforms to Immigration and Customs Enforcement (ICE) after the shootings of Alex Pretti and Renee Nicole Good by ICE agents in Minneapolis, Minnesota. Democrats are insisting on an overhaul of how ICE operates, including prohibiting agents from wearing masks during arrests, requiring agents obtain judicial warrants before entering private property, and mandating agents wear body-worn cameras (DHS Secretary Noem has already moved to fulfill this request). Republicans are demanding a crackdown on “sanctuary cities” as part of any deal.
While Republicans and Democrats in Congress agree that some changes need to be made, there is little agreement on what policy proposals will get enough support for DHS to reopen with full funding. The shutdown is not impacting ICE, which received $75 billion in additional funds as part of the One Big Beautiful Bill last year, but it will soon be impacting the Transportation Security Administration (TSA) and the Federal Emergency Management Agency (FEMA) along with other DHS components.
Although the Administration and Congressional Democratic leadership have been trading proposals, there has not been much movement towards a deal. It is expected that negotiations will heat up when Congress returns from a one-week Presidents Day recess on February 23, but there does not seem to be an end in sight with both sides dug in.
NAPO continues to monitor the impact of the shutdown as well as the policies proposed to reform ICE operations as any new requirements for ICE agents could very well impact state and local law enforcement officers.
DHS Announces Assistant Secretary for the Office of State and Local Law Enforcement
Mike Fullerton has been appointed the Assistant Secretary for the Department of Homeland Security’s (DHS) Office of State and Local Law Enforcement (OSLLE). Assistant Secretary Fullerton brings deep institutional knowledge and proven leadership to the role, having previously served as the Executive Director of OSLLE from its creation in 2007 through 2009.
OSLLE is a trusted resource, advocate, and liaison for state, local, tribal, territorial, and campus law enforcement within DHS to help protect communities and safeguard the nation. Assistant Secretary Fullerton, who reports directly to DHS Secretary Noem, has expressed his desire to return the Office to being a true voice for the state and local law enforcement community within DHS.
OSLLE has been a resource and partner for NAPO, and we look forward to working with Assistant Secretary Fullerton.
