Weekly Update

WEEKLY UPDATE

June 1 - 5, 2020 BROOKS BAWDEN MOORE Inside This Latest News I s s u e :

• The House met in pro forma sessions this week, and the Senate continued consideration Highlighted 1 I s s u e s on a handful of nominations, and approved legislation to amend provisions in the CARES Act with regards to the small business loans. This week the Senate Judiciary Committee This Week’s 4 held a hearing on best practices for jails and prisons during COVID-19. Additionally, there H e a r i n g s / were multiple other hearings and briefings on how COVID-19 has affected other sectors, M a r k u p s including a House Homeland Security discussion on election security during this current pandemic. Legislation 5 on the Floor • Next week, the House Judiciary Committee will hold a hearing on policing practices. They P r e v i o u s 6 are expected to hear from the law enforcement community and reform activists on a H e a r i n g s / whole host of issues concerning law enforcement practices. The Senate Judiciary Commit- M a r k u p s tee is expected to hold a hearing the following week. There were numerous bills introduced this week focused on policing reforms, of which we will highlight in next week’s P r e v i o u s 6 Floor Actions weekly.

Introduced 8 • Policing Reform - Speaker Nancy Pelosi stated that a policing reform measure could be Legislation unveiled as early as next Monday. The House Democratic Caucus, with the Congressional Black Caucus taking the lead, is looking at more than 50 pieces of current legislation to be U p c o m i n g 9 E v e n t s included in a policing reform package or for consideration as standalone measures. This legislation could include, but not limited to ending law enforcement practices of racial profiling and excessive use of force, bans on the use of chokeholds, elimination of military- Previous grade equipment used by police forces, ending "qualified immunity,” requiring additional U p d a t e s : training and development of training standards, and use of force data collection requirements. The House is expected to vote on these policing reform measures when they re- • FY 2021 Budget turn at the end of the month. The Senate Armed Services Committee is expected to markup the annual Defense Authorization bill. Potential amendments to end or scale-back • FY 2020 Omnibus the 1033 program, which transfers military equipment to U.S. police departments, could be considered. The Chairman of the House Armed Services Committee has stated that he • FY 2020 FEMA expects reforms to the 1033 program to be included within the base bill or added as an Grants amendment when they consider their version of the bill.

• Grant Deadlines • Using Multimedia Interoperability to Achieve Tactical Advantage - During these times of civil unrest, the ability of public safety agencies to respect and protect constitu- • Weekly 5/26/20 tionally guaranteed rights of free speech, peaceful assembly and petition is of the utmost importance. Unfortunately, we have seen where some anarchist groups have infiltrated • Weekly 5/18/20 and exploited peaceful protests by seeking to agitate and incite violence. The ability to counter these threats requires law enforcement to achieve tactical advantages by being • Weekly 5/11/20 able to rapidly assess ground conditions and anticipate movements. This can be achieved using advanced coordinated cross-agency communications, video surveillance monitoring • Weekly 5/4/20 and sharing, and discrete tactical communications tools. Recently, retired law enforcement officials to include Col. (Ret.) George Battle, CT State Police; Col.; (Ret.) Rick Fuentes, NJ • Weekly 4/27/20 State Police; Col. (Ret.) Frank Milstead, AZ Department of Public Safety, State Police; Asst.

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Chief (Ret.) Ronald Brooks, CA Dept. of Justice, Chief (Ret.) Chris Moore, San Jose Police Dept., wrote a whitepaper on how public safety officials can achieve tactical superiority using tools that can help deny access, anticipate, and dis- rupt activities while degrading command and control. You can read the paper here.

• FY 2021 Appropriations Update - The House Appropriations Committee Chairwoman has indicated that the Committee is moving forward on consideration of the FY 2021 Appropriations bills. Markups will be held in all sub- committees and full committee the weeks of July 6 and 13. Further, spending bills could be on the floor the weeks of July 20 and 27. The Senate Appropriations CJS Subcommittee could potentially markup the CJS bill later this month.

• COPS Hiring Grant Funding - This week, the Department of Justice announced nearly $400 million in grant funding awards under the COPS Hiring Grant Program. The awards to 596 law enforcement agencies across the nation, will allow those agencies to hire 2,732 additional full-time law enforcement professionals. You can find the full list of award- ees here.

• Designation of Twelve Areas as HIDTA’s - The Director of the Office of National Drug Control Policy designat- ed 12 additional areas as High Intensity Drug Trafficking Areas. The new areas are (1) Davidson County in Tennessee as part of the Appalachia HIDTA; (2) Chatham County in Georgia as part of the Atlanta/Carolinas HIDTA; (3) Manatee and Leon Counties in Florida as part of the Central Florida and North Florida HIDTAs, respectively; (4) Lake County in Illinois as part of the Chicago HIDTA; (5) Chambers County in Texas as part of the Houston HIDTA; (6) Vanderburgh County in Indiana as part of the Indiana HIDTA; (7) Eau Claire County in Wisconsin as part of the North Central HIDTA; (8) Grant County in Washington as part of the Northwest HIDTA; (9) Westmoreland County in Pennsylvania as part of the Ohio HIDTA; (10) Kootenai County in Idaho as part of the Oregon/Idaho HIDTA; and (11) Allegany County in Maryland as part of the Washington/Baltimore HIDTA. The Director also removed one area from HIDTA designation, Barrow County in Georgia as part of the Atlanta/Carolinas HIDTA.

• +RISS Equals Results - The latest edition of +RISS Equals Results is now available, and features the U.S. Attorney’s Office for the Western District of Tennessee two-week-long fugitive roundup called “Bluff City Blues.” This initiative The ROCIC assisted in this operation by providing information on the wanted fugitives to the U.S. Marshals Service and the Tennessee Department of Corrections. You can read the latest +RISS Equals Results here.

• CICC 5 in 5 Newsletter - The most recent CICC 5 in 5 was released, and includes information on the nominations for the 2020 Medal of Valor, information on the National Public Safety Partnership (PSP) Clearinghouse toolkit, and a new podcast from CenTF. You can view the CICC 5 in 5 here.

• Latest Information on COVID-19 - You can find the latest information to updates for law enforcement on COVID -19 at the Major County Sheriffs of America website here, IACP website here, at the Police Foundation website here, at the National Sheriffs Association website here, and at the NCCHC website here.

• ARTICLES OF INTEREST: Fraternal Order of Police: Justice will be served USA Today | Patrick Yoes Our nation was justifiably horrified by the death of George Floyd, and we share in the pain and anger from the communities we protect. The Fraternal Order of Police has confidence in our criminal justice system. This incident is being thoroughly investigated: All four officers were fired the day after the incident, and now all four have been charged. We are heartened that the case will be handled by the State Attorney General. I believe justice will be served. This tragic incident cannot be allowed to define our profession or our nation’s police officers. Law enforcement is one of the most diverse professions in our nation. During this pandemic crisis, the men and women of law enforcement were in the field putting themselves, and by extension, the members of their family, at risk of exposure to the virus. We have been and will continue to do our duty no matter what the situation. Continue reading here.

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Democrats plan to introduce police reform bill on Monday, Nancy Pelosi says Politico | Jacob Pramuk Democrats plan to introduce a police reform bill Monday during nationwide uproar over police brutality and racism in the justice system. The legislation, drafted by members of the Congressional Black Caucus, will aim to address excessive use of force, qualified immunity and racial profiling, House Speaker Nancy Pelosi told reporters Thursday. Qualified immunity makes it harder for victims of violence and their families to sue police. Continue reading here.

House may return early to consider policing overhaul Roll Call | Lindsey McPherson The House could return to session earlier than June 30 to consider legislation to overhaul policing laws in response to the killing of George Floyd and nationwide unrest about racial injustices, House Majority Leader Steny H. Hoyer told reporters Tuesday. “If in fact legislation is proposed by the CBC, Congressional Black Caucus, is considered by the committee and ready to go, we will then call all the members back to consider and pass that legislation,” the Maryland Democrat said on his weekly press call. The CBC is taking the lead in sifting through various legislative proposals members have offered and plans to recommend legislation the House should consider “in the near term,” Hoyer said. Con- tinue reading here.

Lawmakers dust off old proposals on police overhauls Roll Call | Todd Ruger The policy ideas Democratic members of Congress will propose this month to address deadly police force have been around for years, but so has the opposition from law enforcement advocacy groups and the lawmakers who support them. Rep. Steve Cohen first filed a bill to track incidents of deadly police force in the wake of unrest in Ferguson, Mo., following the fatal shooting of Michael Brown, which sparked nationwide protests in August 2014. After police later shot and killed Tamir Rice, a 12-year-old Ohio boy who was holding a toy gun, the Tennessee Democrat introduced another bill in 2015 that would have independent prosecutors review such shootings. Continue reading here.

US authorities: Killing of federal security officer during protest was domestic terrorism Washington Examiner | Mike Brest U.S. law enforcement officials have labeled the death of an officer in California during the protests that are ongoing following George Floyd's death a crime of domestic terrorism. Two Federal Protective Service officers were shot during protests Friday night in Oakland, California, that resulted in one of the officer's deaths. “Two Federal Protective Services officers stationed at the Oakland Down Town Federal Building suffered gunshot wounds. Unfortunately, one succumbed to his injury,” the police department told CNN. The officer's death is being classified as an act of domestic terrorism, the Associated Press reported. Around 9:45 p.m., authorities say a car pulled up to the Ronald V. Dellums Federal Building located at 1301 Clay St. in Oakland and opened fire at the security officers for the Federal Protective Service of the Department of Homeland Security, KRON4 reported, citing the FBI. Continue reading here.

'Domestic terrorist actors’ could exploit Floyd protests, DHS memo warns Politico | Betsy Woodruff Swan & Natasha Bertrand Anarchist and militia extremists could try to exploit the recent nationwide protests spurred by the death of George Floyd, the Department of Homeland Security warned in an intelligence note sent to law enforcement officials around the country. Floyd, a black man who pleaded that he couldn't breathe while a police officer held him down and pressed his knee into his neck for nearly 9 minutes, was killed in Minnesota on May 25. The officer responsible has been charged with murder and manslaughter. The memo, dated May 29 and marked unclassified/law enforcement sensitive, cites “previous incidents of domestic terrorists exploiting First Amendment-protected events” as one reason for DHS’ concern of additional targeted violence by “domestic terrorist actors.” Continue reading here.

As a police chief, I see Minneapolis as a crucial test of our profession. Here’s how we can avoid failing. The Washington Post | Art Acevedo The demonstrations in Minneapolis reveal the searing pain and anger that many Americans feel in response to the death of George Floyd while being taken into police custody. The actions of the four officers involved shock the conscience, are inconsistent with the protocols of the policing profession and sabotage the law-enforcement community’s tireless

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efforts to build public trust. We hope the swift and decisive actions taken by Hennepin County authorities and Minneapolis police chief Medaria Arradondo — and the good work performed by police officers in Minneapolis and across our nation — do not get lost in the backlash. But tragedies such as this one occur far too frequently in our country, especially in communities of color and low-income neighborhoods. There is still much work that our profession must do to prevent more deaths like Floyd’s and the destructive outrage that follows. Continue reading here.

Hemp was supposed to boost farmers. It’s turned out to be a flop. Politico | Mona Zhang & Paul Demko Hemp has friends in high places, namely Senate Majority Leader Mitch McConnell. But the crop he championed in an attempt to boost ailing agriculture is at a low point. Farmers and manufacturers who wanted to capitalize on the frenzy around CBD, which comes from hemp, were lured into the industry after Congress passed the 2018 farm bill. It legal- ized cultivation of the crop, a low-potency sibling of marijuana. Hemp acreage in the U.S. more than tripled from 2018 to 2019. McConnell was a driving force behind legalization. Continue reading here.

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Hearings & Markups Happening This Week

House Homeland Security Committee - Committee Virtual Event Coronavirus and Homeland Security Part Eleven: Election Security & Integrity During a Pandemic June 1 @ 3:00 pm - Video Conference

Senate Judiciary Committee - Full Committee Hearing Examining Best Practices for Incarceration and Detention During COVID-19 June 2 @ 10:00 am - 106 Dirksen

House Energy & Commerce Committee - Oversight Subcommittee Hearing On the Front Line: How Governors are Battling the Covid-19 Pandemic June 2 @ 11:30 am - Video Conference

Senate Judiciary Committee - Full Committee Hearing Oversight of the Crossfire Hurricane Investigation: Day 1 June 3 @ 10:00 am - G50 Dirksen

Senate Commerce Committee - Full Committee Hearing The State of Transportation and Critical Infrastructure: Examining the Impact of the COVID-19 Pandemic June 3 @ 2:30 pm - G50 Dirksen

House Homeland Security Committee - Committee Virtual Event Coronavirus and Homeland Security Part Twelve: USPS Delivering For America June 3 @ 3:30 pm - Video Conference

House Appropriations Committee - Labor HHS Subcommittee Hearing COVID-19 Response June 4 @ 11:00 am

Upcoming scheduled hearings/markups:

Senate Armed Services Committee - Subcommittee Markups FY 2021 National Defense Authorization Act June 8-9 - Closed/Open Markups

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Senate Judiciary Committee - Full Committee Hearing COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic June 9 @ 10:00 am - 106 Dirksen

Senate Homeland Security & Governmental Affairs Committee - Full Committee Hearing Evaluating the Federal Government’s Procurement and Distribution Strategies in Response to the COVID-19 Pandemic June 9 @ 10:00 am - Video Conference

House Transportation & Infrastructure Hearing - Full Committee Hearing On the Front Lines: The Impacts of COVID-19 on Transportation Workers. June 9 @ 1:00 pm - Video Conference

Senate Armed Services Committee - Full Committee Markup FY 2021 National Defense Authorization Act June 10 @ 9:30 am - Closed Markup

House Judiciary Committee - Full Committee Hearing Oversight Hearing on Policing Practices and Law Enforcement Accountability June 10 @ 10:00 am - 200 HVC

Senate Judiciary Committee - Full Committee Hearing Policing Reform June 16 - This hearing is Tentative

House Financial Services Committee - National Security Subcommittee Hearing Cybercriminals and Fraudsters: How Bad Actors Are Exploiting the Financial System During the COVID-19 Pandemic June 16 @ 12:00 pm - Video Conference

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Legislation on the Floor This Week

House:

The House met in pro forma sessions on June 1 and June 4.

Senate:

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

S.Res. 606 - National Day of Awareness for Missing and Murdered Native Women and Girls Status: Approved by the Senate on 6/3. Summary: A resolution designating May 5, 2020, as the "National Day of Awareness for Missing and Murdered Native Women and Girls".

H.R. 7010 - Paycheck Protection Program Flexibility Act of 2020 Status: Approved by the Senate on 6/3; Approved by the House on 5/28. Summary: This bill modifies provisions related to the forgiveness of loans made to small businesses under the Paycheck Protection Program implemented in response to COVID-19. Specifically, the bill establishes a minimum maturity of five years for a paycheck protection loan with a remaining balance after forgiveness. The bill also extends the covered period during which a loan recipient may use such funds for certain expenses while remaining eligible for forgiveness. The bill raises

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the non-payroll portion of a forgivable covered loan amount from the current 25% up to 40%.

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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 - Select Subcommittee on the Coronavirus Crisis Briefing Supporting America’s Cities: What Mayors Need To Safely Reopen - May 29 Summary: The Select Subcommittee on the Coronavirus Crisis, chaired by Rep. James E. Clyburn, held a video briefing to examine community needs from the federal government to stabilize local economies, protect the health and well-being of their residents and safely reopen. While the demand for core local government services have increased significantly, a recent survey shows that nine out of ten cities expect budget shortfalls due to the coronavirus outbreak and will force many to lay off employees and cut services. The committee heard from Mayors from across the country, representing both large and small localities and urban and rural locations. The Committee questioned the efficacy of the CARES Act and considered next actions to best support American cities.

House Oversight & Reform Committee - National Security Subcommittee Briefing - May 29 Cyberthreats to U.S. and Global Coronavirus Response Summary: The Subcommittee on National Security held a conference call briefing for Members and a single staffer from each office with representatives from the Department of Justice, Federal Bureau of Investigation, and the Department of Homeland Security Cybersecurity and Infrastructure Security Agency to address the growing number of cyber-related incidents targeting U.S. healthcare and research institutions, federal government agencies, and international and non- governmental public health organizations during the coronavirus pandemic. The briefers were Tonya Ugoretz, Deputy As- sistant Director, Cybersecurity Division at the FBI, Bryan Ware, Assistant Director, Cybersecurity Division, Cybersecurity and Infrastructure Security Agency, and Adam Hickey, Deputy Assistant Attorney General , National Security Division at the Department of Justice. NOTE: This briefing was not closed and not open to the public.

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Legislation Considered Last Week

House:

S. 2746 – Law Enforcement Suicide Data Collection Act Status: Approved by the House on 5/27; Approved by the Senate on 5/14. Summary: This bill directs the Federal Bureau of Investigation (FBI) to establish a new program—the Law Enforcement Officers Suicide Data Collection Program—to prevent and understand law enforcement suicides. Federal, state, local, and tribal law enforcement agencies may submit to the FBI, and the FBI must report on, data about suicides and attempted suicides of current and former officers.

H.R. 6509 - Public Safety Officer Pandemic Response Act of 2020 Status: Approved by the House on 5/27. Summary: To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide public safety officer death and disability benefits for certain public safety officers who contract COVID-19, and for other purposes.

H.R. 6172 – USA FREEDOM Reauthorization Act of 2020 Status: House approved motion to go to conference with the Senate on 5/28; Approved by the Senate with amendment on 5/14; Approved by the House on 3/11. Summary: This bill reauthorizes through December 1, 2023, provisions related to intelligence gathering under the Foreign

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Intelligence and Surveillance Act (FISA) and amends FISA-related provisions. The Federal Bureau of Investigation may not seek certain FISA-authorized orders to obtain (1) call detail records on an ongoing basis, (2) a tangible thing where a person has a reasonable expectation of privacy and a warrant would typically be required, or (3) cellular or GPS location information. In applications for certain FISA-authorized orders to obtain information or conduct surveillance, the applicant must certify that the Department of Justice (DOJ) has received any information that might raise doubts about the application. The bill imposes additional requirements on FISA-authorized orders targeting a (1) U.S. person, or (2) federal elected official or candidate. The bill increases criminal penalties for violations related to electronic surveillance conducted under color of law or false statements made to the Foreign Intelligence Surveillance Court (FISA court). The bill broadens the criteria for when a FISA court decision shall be declassified and requires the declassification review and release of such opinions within 180 days of an opinion being issued. The bill broadens the FISA court's authority to appoint an amicus curiae (an outside party that assists in consideration of a case) and expands such amici's powers, such as the power to ask the court to review a decision. Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements.

Senate:

The Senate met in pro forma sessions on May 26 and May 28.

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Legislation Introduced Last Week

Date Introduced Bill Number Sponsor Description To extend public safety officer death benefits to public safety officers 5/27/2020 HR 7031 David Joyce (R-OH-14) whose death is caused by COVID-19, and for other purposes. To establish a national commission on United States counterterror- 5/27/2020 HR 7028 Eliot Engel (D-NY-16) ism policy, and for other purposes.

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June 2020

Upcoming Events/Conferences Su Mo Tu We Th Fri Sa 31 1 2 3 4 5 6 Major Cities Chiefs Association Summer Meeting June 2-5—San Francisco, CA CANCELED 7 8 9 10 11 12 13 14 15 16 17 18 19 20 National Sheriffs Association 2020 Annual Education & Technology Expo June 22-25—Tampa, FL CANCELED 21 22 23 24 25 26 27 28 29 30 1 2 3 4 Major County Sheriffs of America 2020 Summer Conference June 23-25—Tampa, FL CANCELED July 2020 IACP Technology Conference Su Mo Tu We Th Fri Sa June 24 & 25—Virtual Conference 28 29 30 1 2 3 4

2020 National Homeland Security Conference 5 6 7 8 9 10 11 June 29-July 2—Chicago, IL CANCELED 12 13 14 15 16 17 18

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