WEEKLY UPDATE

July 6 - 10, 2020 BROOKS BAWDEN MOORE Inside This Latest News I s s u e :

• The House and the Senate were not in session this week; however the House Appropria- Highlighted 1 I s s u e s tions Committee’s subcommittees marked-up FY 2021 appropriations bills, including spending bills to fund the Departments of Justice, Homeland Security, and Defense. The This Week’s 3 initial subcommittee bills provide level funding for most of the homeland security and jus- H e a r i n g s / tice department grant programs, and include many of the policing reform policy riders that M a r k u p s were in the House-passed Justice in Policing Act. Additionally, the House Armed Services Committee held a hearing on the use of the national guard and military personnel during Legislation 4 on the Floor recent protests.

P r e v i o u s 4 • Job Opening: Security Operations Director - Brooks Bawden Moore is assisting a H e a r i n g s / well-established NGO in recruiting a Security Operations Director to manage an existing M a r k u p s security Operations Center. This will be a senior management position located in Chicago. A detailed summary of the job position is available here. For more information, please P r e v i o u s 5 Floor Actions contact Ron Brooks at Brooks Bawden Moore, (415) 748-0835 or [email protected].

Introduced 7 • COPS Grants - The Department of Justice’s Office of Community Oriented Policing Legislation Services (COPS Office) announced approximately $2.2 million in grant funding through the COPS Community Policing Development (CPD) Microgrants Program to advance innova- U p c o m i n g 9 E v e n t s tive community policing projects across the country. CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to imple- ment community policing strategies. You can view the CPD Microgrants Program award- Previous ees here. U p d a t e s : • New HIDTA Designation - ONDCP Director Jim Carroll recently announced the addi- • FY 2021 Budget tion of Logan, Simpson, and Clark counties in Kentucky to the Appalachia HIDTA. You can read more about this designation here. • FY 2020 Omnibus • GAO Report on Firearm Background Checks - The General Accountability Office • FY 2020 FEMA recently released a report on how DOJ can improve guidance on Federal firearm back- Grants ground check records. GAO recommends that the Attorney General ensure that addi- tional guidance is provided to federal agencies to clarify Fix NICS Act certification require- • Grant Deadlines ments for record submissions and reporting. You can read the report here.

• Weekly 6/29/20 • CRS Report on Programs to Collect Data on Law Enforcement Activities - The Congressional Research Services recently published a report on current and proposed • Weekly 6/22/20 programs that could be used to collect data on law enforcement activities. This includes current use-of-force and death in custody collection efforts, and proposed legislation in • Weekly 6/15/20 the House and Senate that would mandate further data collection. You can read the re- • Weekly 6/8/20 port here.

• Weekly 6/1/20 • CICC 5 in 5 Newsletter - The most recent CICC 5 in 5 was released, and highlights the awarding by BJA of $35 million in grants to RISS, a NIST article on cyber crime, an upcom-

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ing COSSAP webinar, and the launch of a new website for the Office for Victims of Crime. You can view the CICC 5 in 5 here.

• DHS COVID-19 Response Update - The Department of Homeland Security has released a weekly update on its efforts to respond to COVID-19. You can read the update here.

• ARTICLES OF INTEREST: Republicans discussing coronavirus aid package contours Roll Call | David Lerman The Trump administration would support another round of tax rebate checks and help for restaurants, hotels and air- lines as part of the next coronavirus aid package, Treasury Secretary Steven Mnuchin said Thursday. Outlining potential elements of a new aid package, which Congress plans to negotiate later this month, Mnuchin said he is also working on a “technical fix” to any extension of expanded unemployment benefits so that workers don’t earn more in benefits than they would on the job. Those benefits, which were enacted in March and will expire at the end of this month, currently provide an extra $600 a week to jobless workers, on top of their regular state-issued benefits. Continue reading here.

Biden, Sanders unity task forces release policy recommendations Politico | Caitlin Oprysko Joe Biden’s presidential campaign on Wednesday rolled out the policy recommendations reached by its joint task forces with supporters of Sen. Bernie Sanders ahead of the Democratic National Convention, which is slated for next month. The 110-page document has been submitted to the Democratic National Committee’s Platform Committee and will be personally reviewed by Biden ahead of the nominating convention, the former vice president’s campaign announced. The task force recommendations don’t include the kind of wide-scale systemic upheaval that won Sanders such a fer- vent following in his two presidential campaigns — while provoking an outcry from moderate Democrats and Republi- cans alike. A single-payer health care system such as “Medicare for All,” a “Green New Deal” overhauling environmen- tal policy, and doing away with Immigration and Customs Enforcement are not among the policy proposals. Continue reading here.

There is no epidemic of fatal police shootings against unarmed Black Americans USA Today | Heather Mac Donald The video of George Floyd’s tragic death under the knee of a Minneapolis police officer has led many to ask whether it represents the tip of an iceberg of police brutality. For centuries, United States law enforcement was interwoven with slavery and segregation, and that memory cannot be easily erased. But the evidence does not support the charge that biased police are systematically killing Black Americans in fatal shootings. Much of modern policing is driven by crime data and community demands for help. The African American community tends to be policed more heavily, because that is where people are disproportionately hurt by violent street crime. In New York City in 2018, 73% of shooting victims were Black, though Black residents comprise only 24% of the city’s population. Continue reading here.

Congress must get anti-money-laundering amendment into defense bill Washington Examiner | Tom Rogan The National Defense Authorization Act is expected to pass Congress within the next few days. But Congress should- n't pass the bill without the bipartisan amendment establishing a federal beneficial ownership register. The two top sen- ators on the Banking Committee, Mike Crapo and Sherrod Brown, following up on work by Sens. Tom Cotton and Mark Warner, want law enforcement to know who or what entity owns particular businesses. America has long been a prized safe haven for illicit cash. Put another way, this nation is an ideal target for money launderers. But whereas the Department of Justice has robust means to prosecute money launderers once they are identified, the absence of a ben- eficial ownership register means that many hostile actors avoid triggering an investigation in the first place by hiding in a sea of names. Criminals and hostile state actors (such as China, Iran, and Russia) use shell companies to hide ownership interests. Continue reading here.

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NYPD limits retirement applications amid 400 percent surge this week New York Post | Craig McCarthy, Tina Moore, Larry Celona and Bruce Golding New York’s Finest are putting in for retirement faster than the NYPD can handle — while citing a lack of respect and the loss of overtime pay, The Post has learned. A surge of city cops filing papers during the past week more than quad- rupled last year’s number — as the city grapples with a surge of shootings — and the stampede caused a bottleneck that’s forcing others to delay putting in their papers, officials and sources said. The NYPD said Wednesday that 179 cops filed for retirement between June 29 and Monday, an astounding 411 percent increase over the 35 who filed dur- ing the same period in 2019. The astonishing rush for the door came as 503 cops filed for retirement between May 25 — the day George Floyd was killed in Minneapolis, sparking anti-cop protests around the country — and July 3, the NYPD said. Continue reading here.

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Hearings & Markups Happening This Week

House Appropriations Committee - Homeland Security Subcommittee Markup - July 7 H.R. XXXX - Fiscal Year 2021 Homeland Security Appropriations Act Status: Marked-up by the CJS Subcommittee on 7/8. Summary: Provides FY 2021 appropriations for the Department of Homeland Security. This legislation provides $415 million for the State Homeland Security Grant Program (minus carveouts), $615 million for the Urban Area Security Initiative (minus carveouts), and a large increase in the non-profit homeland security grants. Comprehen- sive details will be sent next week.

House Appropriations Committee - CJS Subcommittee Markup - July 8 H.R. XXXX - Fiscal Year 2021 Commerce, Justice, Science Appropriations Act Status: Marked-up by the CJS Subcommittee on 7/8. Summary: Provides FY 2021 appropriations for the Department of Justice among other agencies. This legislation includes many of the policing reform policy riders included within the House passed Justice in Policing Act, as well as $400 million in law enforcement accountability grants, $353.9 million for the Byrne JAG grants (minus carve- outs), and $145.5 million in COPS Hiring grants (minus carveouts). Comprehensive details will be sent next week.

House Appropriations Committee - Financial Services Subcommittee Markup - July 8 H.R. XXXX - Fiscal Year 2021 Financial Services Appropriations Act Status: Marked-up by the Financial Services Subcommittee on 7/8. Summary: Provides FY 2021 appropriations for the Department of Justice among other agencies. This legislation includes $290 million for the HIDTA program. Comprehensive details will be sent next week.

House Appropriations Committee - Defense Subcommittee Markup - July 8 H.R. XXXX - Fiscal Year 2021 Defense Appropriations Act Status: Marked-up by the Defense Subcommittee on 7/8. Summary: Provides FY 2021 appropriations for the Department of Defense among. This legislation places limits on the transfer of certain excess military equipment to law enforcement. Comprehensive details will be sent next week.

House Homeland Security Committee - Full Committee Hearing Examining the National Response to the Worsening Coronavirus Pandemic July 8 @ 12:00 pm - Video Conference

House Armed Services Committee - Full Committee Hearing Department of Defense Authorities and Roles Related to Civilian Law Enforcement July 9 @ 1:00 pm - Video Conference

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House Homeland Security Committee - Emergency Preparedness Subcommittee Hearing Pandemic Response: Confronting the Unequal Impacts of COVID-19 July 10 @ 12:00 pm - Video Conference

Upcoming scheduled hearings/markups:

House Homeland Security Committee - Border Security Subcommittee Hearing Oversight of ICE Detention Facilities: Examining ICE Contractors’ Response to COVID-19 July 13 @ 2:00 pm - Video Conference

House Appropriations Committee - Full Committee Markup FY2021 Defense, Commerce, Justice, Science, and Related Agencies and Transportation, Housing and Urban Development, and Related Agencies Appropriations Bills July 14 @ 10:00 am

House Homeland Security Committee - Emergency Preparedness Subcommittee Hearing Reviewing Federal and State Pandemic Supply Preparedness and Response July 14 @ 12:00 pm - Video Conference

House Appropriations Committee - Full Committee Markup FY 2021 Homeland Security, Financial Services and General Government Appropriations Bills, and the Revised 302bs July 15 @ 10:00 am

House Homeland Security Committee - Full Committee Hearing Children in CBP Custody: Examining Deaths, Medical Care Procedures, and Improper Spending July 15 @ 12:00 pm - Video Conference

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Legislation on the Floor This Week

House:

The House met in pro forma sessions on July 6 and July 9.

Senate:

Note: Due to Senate scheduling and rules, additional items not listed may be added to the calendar for consideration.

The House met in pro forma sessions on July 6 and July 9.

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Recap of Last Week’s Hearings & Markups

Note: For more details on any of the following hearings, we can provide access to hearing transcripts upon request.

House Oversight & Reform Committee - Subcommittee on Civil Rights Briefing - June 29 First Amendment Violations at Black Lives Matter Protests Summary: The House Oversight & Reform Committee, Subcommittee on Civil Rights held a briefing to discuss perceived

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government and law enforcement abuses to Black Lives Matter protests and press officials following the death of George Floyd. Affected witnesses included protestors and journalists briefed lawmakers on the activities of law enforcement to counter protest activity. Subcommittee Chair Jaimie Raskin played two videos showing repeated violence from government officials and openly questioned the tactics of law enforcement including the use of rubber bullets and pepper spray. One witness urged the committee to consider the threat to law enforcement from individuals set on taking advantage of the situation to create danger and chaos for personal or political gain, including the influence of Antifa.

Senate Commerce Committee - Transportation Subcommittee Hearing - June 30 Safety on Our Roads: Overview of Traffic Safety and NHTSA Grant Programs Summary: The Senate Commerce Committee, Transportation Subcommittee held a hearing to discuss the state of traffic safety and review the benefits of NHTSA Section 402 and 405 grant programs. Witness John Saunders from the Governors Highway Safety Association urged the committee to consider consolidating the grant programs and loosen prescriptive lan- guage in order to make grant eligibility more achievable. The committee discussed move over laws, drunk driving related technology, autonomous vehicle technology and seat belt and speeding laws.

House Armed Services Committee - Full Committee Markup - July 1 H.R. 6395 - National Defense Authorization Act for Fiscal Year 2021 Status: Approved by the House Armed Services Committee on 7/1. Summary: To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes. While no amendment was considered to restrict the transfer of certain pieces of military equipment to state and local law enforcement agencies under the 1033 program, we anticipate efforts to add restrictions will continue to be considered as the process moves forward.

Senate Judiciary Committee - Full Committee Markup - July 2 S. 3398 - EARN IT Act of 2020 Status: Approved by the Senate Judiciary Committee on 7/2; Held over by the Senate Judiciary Committee on 6/25. Summary: This bill revises the framework governing the prevention of online sexual exploitation of children. Among other things, the bill does the following: establishes the National Commission on Online Child Sexual Ex- ploitation Prevention; directs the commission to develop best practices for interactive online services providers (e.g., Facebook and Twitter) to prevent the online sexual exploitation of children; requires interactive online ser- vice providers to certify compliance with the best practices (or implement other reasonable practices to prevent the online sexual exploitation of children), or else they lose liability protections from claims alleging violations of child sexual exploitation laws; and replaces statutory references to child pornography with child sexual abuse ma- terial.

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Legislation Considered Last Week

House:

H.R. 2 - Moving Forward Act Status: Approved by the House on 7/1. Summary: This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation (DOT). Among other provisions, the bill ex- tends FY2020 enacted levels through FY2021 for federal-aid highway, transit, and safety programs; reauthorizes for FY2022- FY2025 several surface transportation programs, including the federal-aid highway program, transit programs, highway safe- ty, motor carrier safety, and rail programs; addresses climate change, including strategies to reduce the climate change im- pacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of federal resources; revises Buy America pro-

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curement requirements for highways, mass transit, and rail; establishes a rebuild rural grant program to improve the safety, state of good repair, and connectivity of transportation infrastructure in rural communities; implements new safety require- ments across all transportation modes; and directs DOT to establish a pilot program to demonstrate a national motor vehi- cle per-mile user fee to restore and maintain the long-term solvency of the Highway Trust Fund and achieve and maintain a state of good repair in the surface transportation system.

Senate:

S. 4049 - National Defense Authorization Act for Fiscal Year 2021 Status: Considered by the Senate this week. Summary: To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for mili- tary construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purpose.

S. 4148 - A bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. Status: Approved by the Senate on 7/1. Summary: To extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes.

S. 1253 - Preventing Online Sales of E-Cigarettes to Children Act Status: Approved by the Senate on 7/2. Summary: Requires e-cigarette retailers to verify the age of customers for all purchases; requires an adult with ID to be present for delivery; label shipping packages to show they contain tobacco products; and that they comply with state and local tobacco tax requirements.

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Legislation Introduced Last Week

Date Introduced Bill Number Sponsor Description Cedric Richmond (D-LA- To reform pattern and practice investigations conducted by the De- 7/2/2020 HR 7488 2) partment of Justice, and for other purposes. A bill to amend the Homeland Security Act of 2002 to authorize the 7/2/2020 S 4210 Ron Johnson (R-WI) transfer of certain equipment during a public health emergency, and for other purposes. A bill to establish the Homeland Security Higher Education Advisory 7/2/2020 S 4205 Dick Durbin (D-IL) Council. A bill to establish an Interagency Task Force to analyze preparedness 7/2/2020 S 4204 Ron Johnson (R-WI) for national pandemics, and for other purposes. A bill to extend the Chemical Facility Anti-Terrorism Standards Pro- 7/2/2020 S 4197 Ron Johnson (R-WI) gram of the Department of Homeland Security, and for other purpos- es. A bill to authorize the Cybersecurity Education Training Assistance 7/2/2020 S 4195 Jacky Rosen (D-NV) Program. A bill to provide grants to States that do not suspend, revoke, or re- fuse to renew a driver's license of a person or refuse to renew a regis- 7/2/2020 S 4186 Chris Coons (D-DE) tration of a motor vehicle for failure to pay a civil or criminal fine or fee, and for other purposes. Elizabeth Waren (D- A bill to reform pattern or practice investigations conducted by the 7/2/2020 S 4170 MA) Department of Justice, and for other purposes. A bill to establish a National Commission on United States Counterter- 7/2/2020 S 4169 Gary Peters (D-MI) rorism Policy, and for other purposes. A bill to amend the Homeland Security Act of 2002 to expand the au- 7/2/2020 S 4157 Ron Johnson (R-WI) thority of the National Infrastructure Simulation and Analysis Center, and for other purposes. A bill to require the Federal Emergency Management Agency to evalu- 7/2/2020 S 4153 Ron Johnson (R-WI) ate the National Response Framework based on lessons learned from the COVID-19 pandemic, and for other purposes. A resolution expressing the sense of the Senate that mob violence 7/2/2020 SRes 645 Mike Lee (R-UT) should be condemned. To require frontline personnel of the Department of Homeland Secu- rity, air carriers, rail carriers, and employees of airports and train sta- 7/1/2020 HR 7471 Bobby Rush (D-IL-1) tions to wear personal protective equipment when interacting with members of the public, and for other purposes. To amend title 18, United States Code, to impose prohibitions relating 7/1/2020 HR 7468 Jamie Raskin (D-MD-8) to machines designed for the manufacturing of frames or receivers for firearms. Stephen Lynch (D-MA- To provide for nationwide, on-the-ground road safety assessments 7/1/2020 HR 7462 8) focused on pedestrian and bicycle safety. A bill to extend the Chemical Facility Anti-Terrorism Standards Pro- 7/1/2020 S 4148 Ron Johnson (R-WI) gram of the Department of Homeland Security, and for other purpos- es. A bill to amend the Revised Statutes to remove the defense of quali- 7/1/2020 S 4142 Ed Markey (D-MA) fied immunity in the case of any action under section 1979, and for other purposes.

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7/1/2020 S 4133 Ron Johnson (R-WI) A bill to modernize the REAL ID Act of 2005, and for other purposes. A bill to require the Secretary of Commerce to award grants to States for the construction of microelectronics manufacturing and advanced research and development facilities, to authorize the Secretary of 7/1/2020 S 4130 Tom Cotton (R-AR) Defense and the Director of National Intelligence to fund the con- struction of microelectronics manufacturing facilities for national se- curity needs, and to authorize additional amounts for microelectron- ics research and development, and for other purposes. A bill to direct the Secretary of Transportation to conduct research 7/1/220 S 4123 Ed Markey (D-MA) regarding and require the use of driver monitoring systems to mini- mize or eliminate motor vehicle driver distraction. To protect the dignity and privacy of transgender and other minority 6/30/2020 HR 7430 Kathleen Rice (D-NY-4) travelers at airport security checkpoints, and for other purposes. Instructing the Committee on the Judiciary to further its inquiry into 6/30/2020 HRes 1032 Steve Cohen (D-TN-9) the misconduct of William P. Barr, Attorney General of the United States. A bill to prohibit Federal law enforcement officers from using riot control agents and kinetic impact projectiles, and to incentivize States 6/30/2020 S 4114 Ed Markey (D-MA) and local governments to prohibit State and local law enforcement officers from using riot control agents and kinetic impact projectiles. A bill to impose a 1-year minimum prison sentence for the destruc- 6/30/2020 S 4105 Tom Cotton (R-AR) tion of veterans' memorials. A bill to extend the Chemical Facility Anti-Terrorism Standards Pro- 6/29/2020 S 4096 Ron Johnson (R-WI) gram of the Department of Homeland Security, and for other purpos- es.

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July 2020

Upcoming Events/Conferences Su Mo Tu We Th Fri Sa 28 29 30 1 2 3 4 2020 ASCIA Fall Conference October 15-17—New Orleans, LA CANCELED 5 6 7 8 9 10 11 12 13 14 15 16 17 18 MCCA 2020 Fall Meeting October 15-17—New Orleans, LA 19 20 21 22 23 24 25 26 27 28 29 30 31 1 IACP 2020 October 2020—New Orleans, LA - In-person CANCELED - Moved Virtual, details TBD August 2020 Su Mo Tu We Th Fri Sa 2020 National Fusion Center Association Annual Training Event October 27-29—Alexandria, VA In-person CANCELED - Moved Virtu- 2 3 4 5 6 7 8 al, details TBD 9 10 11 12 13 14 15

2021 National Narcotic Officers’ Associations’ Coalition Annual Meeting 16 17 18 19 20 21 22 January 31-February 3—Washington, DC CANCELED 23 24 25 26 27 28 29

30 31 1 2 3 4 5 Subscribe to the Brooks Bawden Moore Senate in Session Weekly Update here, or by emailing Josh at House in Session [email protected] House & Senate in Session

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