Weekly Update

WEEKLY UPDATE

February 4 - 8, 2019 BROOKS BAWDEN MOORE Inside This NNOAC Goes to Washington I s s u e :

• The National Narcotic Officers’ Associations’ Coalition met Highlighted 1 I s s u e s this week in Washington, DC for their Annual Board of Dele- gates meeting. There were great discussions amongst This Week’s 2 NNOAC members, RISS partners, HIDTA Directors, and oth- H e a r i n g s / er law enforcement officials. It was an incredibly busy sched- M a r k u p s ule, and Brooks Bawden Moore had the pleasure to arrange an amazing group of speakers to include: Acting Attorney Gen- Legislation 3 on the Floor eral Matt Whitaker, FBI Deputy Director David Bowdich, Act- ing DEA Administrator Uttam Dhillon, Acting ATF Director P r e v i o u s 3 Tom Brandon, ONDCP Director Jim Carroll, and Congress- H e a r i n g s / man John Rutherford. Additionally, the group heard from Gen. M a r k u p s Barrye Price (ret.), Ph.D. of CADCA on combatting the drug Sen. Cotton presented with the Legislator of the Year Award problem, Sgt. Josh Shaffer of the Knoxville Police Department P r e v i o u s 4 on how they are investigating and going after those responsible for drug Floor Actions related deaths, and we heard from Heather Mac Donald of the Manhat- Introduced 6 tan Institute, who is the author of the bestselling book The War on Cops. Legislation NNOAC President Bob Bushman had the opportunity to personally U p c o m i n g 8 E v e n t s meet with many of the speakers ahead-of-time to briefly discuss NNOAC priorities. Additionally, he presented Senator Tom Cotton with the NNOAC Legislator of the Year Award (view Cotton’s speech Previous here), Dr. Kevin Sabet of SAM with the President’s Award, and Found- U p d a t e s : ing CEO, NLEOMF Craig Floyd with the President’s Award. AAG Matt Whitaker • FY 2018 Omnibus Brooks Bawden Moore’s Ben Bawden presented the legislative update before the NNOAC business meeting outlining the • FY 2019 Budget new leaders and members of Congress, potential legislative concerns for Summary the law enforcement community, and bright spots within Congress for the upcoming year. • FY 2018 FEMA Grants

• FY2017 FEMA Grants

• Weekly 1/28/19

• Weekly 1/22/19

• Weekly 1/14/19

• Weekly 1/7/19

Cong. John Rutherford ATF Dep. Dir. Brandon Heather Mac Donald Sgt. Josh Shaffer • Weekly 1/2/19 www.bbm-dc.com │300 M Street, S.E. Suite 402 Washington D.C. 20003 │ (202) 350-0103

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Latest News

• The House and Senate were in session this week, with President Trump delivering his State of the Union Address on Tuesday. In his address, the President highlighted the passage of criminal justice reform legislation which was signed in to law late last year called the FIRST STEP Act. This week, the House Judiciary Committee held a hearing on gun violence and an oversight hearing of the Department of Justice. The Senate Judiciary Committee approved the nomination of William Barr to be the next Attorney General out of committee, and will go to the Senate floor next week for consideration.

• ARTICLES OF INTEREST: Congress close to a deal on border fencing, and Trump might take it Washington Examiner | Susan Ferrechio House and Senate negotiators are closing in on a possible border security agreement that would fund new technology, additional border patrol agents, and likely some kind of fencing in certain areas along the southern border. There’s no mention of a wall in the deal, per orders of Democratic leaders who vehemently oppose it. But President Trump seems to be more flexible to whatever the deal entails, Senate Appropriations Committee Chairman Richard Shelby, R-Ala., divulged to lawmakers in a private lunch Thursday. “I gave a report on meeting with the president and I thought things were on the positive trajectory as far as maybe concluding the funding,” Shelby said. “But we are not there yet.” Con- tinue reading here.

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Hearings & Markups Happening This Week

House Judiciary Committee - Full Committee Hearing Preventing Gun Violence: A Call to Action February 6 @ 10:00 - 2141 Rayburn

Senate Commerce Committee - Full Committee Hearing Winning the Race to 5G and the Next Era of Technology Innovation in the United States February 6 @ 10:00 am - G50 Dirksen

Senate Judiciary Committee - Full Committee Markup - February 7 Nomination of William Pelham Barr, to be Attorney General Status: Approved by the Senate Judiciary Committee on 2/7; Held over by the Judiciary Committee on 1/29.

House Energy & Commerce Committee - Oversight Subcommittee Hearing Examining the Failures of the Trump Administration’s Inhumane Family Separation Policy February 7 @ 0:30 am - 2123 Rayburn

House Judiciary Committee - Full Committee Hearing Oversight of the U.S. Department of Justice February 8 @ 9:30 am - 2141 Rayburn

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Legislation on the Floor This Week

House:

H.R. 494 - Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2019 Status: Approved by the House on 2/7. Summary: To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Juvenile Accountability Block Grant program, and for other purposes.

H.R. 450 - Preventing Crimes Against Veterans Act of 2019 Status: Approved by the House on 2/7. Summary: To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.

H.R. 507 - Put Trafficking Victims First Act of 2019 Status: Approved by the House on 2/7. Summary: To direct the Attorney General to study issues relating to human trafficking, and for other purposes.

H.R. 752 - Open Book on Equal Access to Justice Act Status: Approved by the House on 2/7. Summary: To amend titles 5 and 28, United States Code, to require the maintenance of databases on awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party, and for other purposes.

Senate:

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

Nothing affecting the law enforcement or homeland security communities.

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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.

Senate Intelligence Committee - Full Committee Hearing - January 29 Worldwide Threats Summary: This hearing focused on the major threats facing the U.S. The nation’s top intelligence officials stated that Rus- sia and China remain a top threat to U.S. interests, through their challenging of U.S. leadership, undermining democratic governments, and the threats posed by their military’s and technological advances. Additionally, witnesses discussed the national security challenges posed by cyber threats, and what the Administration is doing to gear up to counter those threats against the 2020 elections. Officials also discussed the threats posed by North Korea, securing the southwest border, and threats to the U.S. from the Islamic State.

Senate Judiciary Committee - Full Committee Markup - January 29 Nomination of William Pelham Barr, to be Attorney General Status: Held over by the Judiciary Committee on 1/29.

Senate Indian Affairs Committee - Full Committee Markup - January 29

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S. 207 - A bill to enhance tribal road safety, and for other purposes Status: Approved by the Senate Indian Affairs Committee on 1/29. Summary: A bill to enhance tribal road safety, and for other purposes.

S. 210 - A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Re- form Act to provide for advancement in public safety services to Indian communities, and for other purposes. Status: Approved by the Senate Indian Affairs Committee on 1/29. Summary: A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancement in public safety services to Indian communities, and for other purposes.

S. 211 - A bill to amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes. Status: Approved by the Senate Indian Affairs Committee on 1/29. Summary: A bill to amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.

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Legislation Considered Last Week

House:

H.R. 502 – FIND Trafficking Act Status: Approved by the House on 1/28. Summary: This bill directs the Government Accountability Office (GAO) to report on the use of virtual currencies and online marketplaces in sex and drug trafficking. The GAO must study topics including how illicit proceeds are transferred into the U.S. banking system, state and non-state actors that participate in such activity, preventative efforts from federal and state agencies, and the extent to which the unique characteristics of virtual currencies can contribute to the tracking and prosecution of illicit funding.

H.R. 56 – Financial Technology Protection Act Status: Approved by the House on 1/28. Summary: This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. The bill establishes the Independent Financial Technology Task Force to Combat Ter- rorism and Illicit Financing, which must research terrorist and illicit use of new financial technologies and issue an annual report. The bill directs the Department of the Treasury to provide a reward for a person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. The bill establishes the FinTech Leadership in Innovation and Financial Intelligence Program to support the development of tools and programs to detect terrorist and illicit use of digital currencies.

H.R. 424 – Department of Homeland Security Clearance Management and Administration Act Status: Approved by the House on 1/29. Summary: This bill directs the Department of Homeland Security (DHS) to require that the designation of the sensitivity level of national security positions be conducted in a consistent manner in all DHS components and offices. The bill requires DHS (1) by July 6, 2019, and every five years thereafter, to review all sensitivity level designations of national security positions at DHS; (2) if it determines that a change in the sensitivity level is warranted, to administratively adjust access and complete an appropriate level periodic reinvestigation; and (3) to report on such positions requiring access to classified information, no longer requiring access, or requiring a different level of access. DHS must submit annual reports, through FY2024, on the denials, suspensions, revocations, and appeals of an individual's eligibility for access to classified information. DHS must (1) develop a plan to achieve greater uniformity regarding the adjudication of eligibility of an individual for access to classified information that is consistent with the Adjudicative Guidelines for Determining Access to Classified Infor-

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mation, and (2) ensure that all information received for such adjudication is consistent with such guidelines and is protected against misappropriation. The plan shall consider the establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations.

H.R. 495 - FIRST State and Local Law Enforcement Act Status: Approved by the House on 1/29/19 Summary: This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to report annually on its activities.

H.R. 428 - Homeland Security Assessment of Terrorists' Use of Virtual Currencies Act Status: Approved by the House on 1/29/19 Summary: This bill directs the Department of Homeland Security's Office of Intelligence and Analysis to assess the threat posed by individuals using virtual currencies to support terrorism. The assessment shall be shared with state, local, and tribal law enforcement officials.

H.R. 504 – DHS Field Engagement Accountability Act Status: Approved by the House on 1/29/19 Summary: This bill requires the Department of Homeland Security (DHS) to develop and update at least once every five years a strategy for DHS engagement with fusion centers. The Office of Intelligence and Analysis of DHS shall provide personnel and support to fusion centers, publish performance metrics for DHS field personnel assigned to fusion centers, and develop and implement training for fusion center personnel. DHS intelligence and information components shall develop policies and metrics to ensure effective use of the unclassified Homeland Security Information Sharing Network and shall assess and implement enhancements to improve such network.

H.R. 449 - Pathways to Improving Homeland Security at the Local Level Act Status: Approved by the House on 1/29/19 Summary: This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to pro- duce and disseminate an annual catalog of training opportunities, programs, and services that are available to state, local, and tribal law enforcement agencies.

H.R. 769 - Counterterrorism Advisory Board Act of 2019 Status: Approved by the House on 1/29/19 Summary: This bill establishes in the Department of Homeland Security (DHS) a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall: (1) advise the Sec- retary of DHS on the issuance of terrorism alerts, and (2) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities. The board's charter shall direct it to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the Secretary's guidance. The Secretary shall appoint a Coordinator for Counterterrorism within DHS who shall serve as the chair of the board and report on the board's status and activities.

Senate:

Nothing affecting the law enforcement or homeland security communities.

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Legislation Introduced Last Week

Date Introduced Bill Number Sponsor Description To amend the Internal Revenue Code of 1986 to provide an en- 12/31/2019 HR 942 Jim Himes (D-CT-4) hanced research credit for the development of smart gun technologies. To amend title 18, United States Code, to require federally licensed Bradley Schneider (D-IL firearms importers, manufacturers, and dealers to meet certain re- 12/31/2019 HR 939 -10) quirements with respect to securing their firearms inventory, business records, and business premises. Raising awareness and encouraging the prevention of stalking by Brian Fitzpatrick (R-PA- 1/31/2019 HRes 94 expressing support for the designation of January 2019 as "National 1) Stalking Awareness Month". Margaret Hassan (D- A bill to authorize cyber hunt and incident response teams at the 1/31/2019 S 315 NH) Department of Homeland Security, and for other purposes. A bill to improve the processing and oversight by the Federal Govern- 1/31/2019 S 314 Mark Warner (D-VA) ment of security clearances and background investigations and for other purposes. A bill to enhance border security to reduce drug trafficking and relat- 1/31/2019 S 293 Bill Cassidy (R-LA) ed money laundering. Dianne Feinstein (D- 1/31/2019 S 292 A bill to limit the separation of families at or near ports of entry. CA) A bill to protect Native children and promote public safety in Indian 1/31/2019 S 290 Tom Udall (D-NM) country. A bill to amend the Indian Civil Rights Act of 1968 to extend the juris- 1/31/2019 S 288 Tina Smith (D-MN) diction of tribal courts to cover crimes involving sexual violence, and for other purposes. A bill to require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United 1/31/2019 S 285 Joni Ernst (R-IA) States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes. To provide for the establishment of a national standard for incorpo- Nydia Velazquez (D-NY- rating a passive identification ability into all firearms sold in the Unit- 1/30/2019 HR 930 7) ed States, and to require the reporting of lost or stolen firearms to the appropriate law enforcement authorities. To require the Secretary of Homeland Security to identify aliens who have served, or are serving, in the Armed Forces of the United States 1/30/2019 HR 928 Juan Vargas (D-CA-51) when those aliens apply for an immigration benefit or are placed in an immigration enforcement proceeding, and for other purposes. To amend the Omnibus Crime Control and Safe Streets Act of 1968 to require a certain percentage of COPS grant funds to be used for the 1/30/2019 HR 916 Paul Mitchell (R-MI-10) salaries and benefits of school resource officers, and for other purposes. To amend title 18, United States Code, to extend the coverage of the 1/30/2019 HR 915 Grace Meng (D-NY-6) Federal prohibition against stalking in order to provide protection to friends and co-workers, and for other purposes. Brian Fitzpatrick (R-PA- To require the installation of secondary cockpit barriers on existing 1/30/2019 HR 911 1) aircraft, and for other purposes. To direct the Attorney General to establish and carry out a Veteran 1/30/2019 HR 886 Charlie Crist (D-FL-13) Treatment Court Program. www.bbm-dc.com │300 M Street, S.E. Suite 402 Washington D.C. 20003 │ (202) 350-0103

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Madeleine Dean (D-PA- 1/30/2019 HR 869 To modernize the Undetectable Firearms Act of 1988. 4) A bill to amend the Communications Act of 1934 to require providers of a covered service to provide location information concerning the telecommunications device of a user of such service to an investiga- 1/30/2019 S 273 Pat Roberts (R-KS) tive or law enforcement officer or an employee or other agent of a public safety answering point in an emergency situation involving risk of death or serious physical harm or in order to respond to the user's call for emergency services. To develop a national strategy to prevent targeted violence through 1/29/2019 HR 838 Brian Babin (R-TX-36) behavioral threat assessment and management, and for other purposes. To establish the Interdiction for the Protection of Child Victims of Exploitation and Human Trafficking Program to train law enforce- 1/29/2019 HR 836 Mike McCaul (R-TX-10) ment officers to identify and assist victims of child exploitation and human trafficking. To impose criminal sanctions on certain persons involved in international doping fraud conspiracies, to provide restitution for victims of Sheila Jackson Lee (D- 1/29/2019 HR 835 such conspiracies, and to require sharing of information with the TX-18) United States Anti-Doping Agency to assist its fight against doping, and for other purposes. A bill to develop a national strategy to prevent targeted violence 1/29/2019 S 265 Marco Rubio (R-FL) through behavioral threat assessment and management, and for other purposes. A bill to prohibit the construction of certain elements of a physical Martin Heinrich (D- 1/29/2019 S 264 barrier along the southern border of the United States in Federal NM) wildlife and wilderness areas and on State land. A bill to ensure the receipt of required compensation before physical possession by the Federal Government of any land subject to the use Martin Heinrich (D- 1/29/2019 S 263 of eminent domain for the construction of United States border in- NM) frastructure and to provide for a consultation process prior to acquir- ing land for border infrastructure. A bill to impose criminal sanctions on certain persons involved in international doping fraud conspiracies, to provide restitution for Sheldon Whitehouse 1/29/2019 S 259 victims of such conspiracies, and to require sharing of information (D-RI) with the United States Anti-Doping Agency to assist its fight against doping, and for other purposes. A bill to rescind the authority of the Secretary of Homeland Security 1/29/2019 S 254 Tom Udall (D-NM) to waive Federal law to facilitate the construction of border barriers. A bill to establish the Interdiction for the Protection of Child Victims Catherine Cortez Mas- of Exploitation and Human Trafficking Program to train law enforce- 1/29/2019 S 251 to (D-NV) ment officers to identify and assist victims of child exploitation and human trafficking. Carolyn Maloney (D-NY To prohibit the sale of a firearm to, and the purchase of a firearm by, 1/28/2019 HR 822 -12) a person who is not covered by appropriate liability insurance cover- Carolyn Maloney (D-NY To require records of the national instant criminal background check 1/28/20019 HR 821 -12) system to be retained for at least 90 days.

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Carolyn Maloney (D- To require criminal background checks on all firearms transactions 1/28/2019 HR 820 NY-12) occurring at gun shows. 1/28/2019 HR 817 Ann Kuster (D-NH-2) To combat the heroin epidemic and drug sample backlogs. To amend the Omnibus Crime Control and Safe Streets Act of 1968 1/28/2019 HR 816 Peter King (R-NY-2) to provide death benefits for campus police officers. Expressing the sense of the House of Representatives regarding the 1/28/2019 HRes 81 David Joyce (R-OH-14) need for State legislatures to pass comprehensive sexual assault kit reforms by 2021.

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January 2019

Su Mo Tu We Th Fri Sa Upcoming Events/Conferences 1 2 3 4 5 6 7 8 9 10 11 12 National Narcotic Officers’ Associations’ Coalition 2019 DC Conference February 3-6—Washington, DC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Major County Sheriffs of America & Major Cities Chiefs Association 2019 Joint Winter Conference 27 28 29 30 31 February 12-14—Washington, DC February 2019

Mid-Atlantic Regional Gang Investigators Network - 13th Annual Gang Su Mo Tu We Th Fri Sa Training Conference 1 2 March 3-6—Hanover, MD 3 4 5 6 7 8 9 Association of State Criminal Investigative Agencies 2019 Spring Conference May 5-8—Gulf Shores, AL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Major County Sheriffs of America 2019 Summer Conference June 12-14—Louisville, KY 24 25 26 27 28

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