Since implementation of the National Blue Alert Network, there have been numerous
incidents where law enforcement officers were shot and killed, sparking a search for suspects. In
response, the Deputy Coordinator contacted the affected state authorities to offer assistance and
to ensure that neighboring states or jurisdictions were promptly notified and to facilitate
interstate coordination.

As previously reported, the COPS Office also verified which states have Blue Alert plans
and the extent to which the plans comply with the voluntary guidelines. We secured copies of
Blue Alert plans and related materials such as program overviews, activation plans, legislation,
and brochures from states that currently have Blue Alert plans.

To further our analysis of existing Blue Alert plans, the COPS Office publishes a
legislation compendium containing the specific public laws, statutes, or executive orders that
authorized and created Blue Alert systems. The following are highlights of the threshold
activation criteria from those states. These highlights illustrate clear and significant differences
between states, which could limit or complicate coordination efforts when a suspect flees, or is
thought to have fled, to another jurisdiction.

e 54% (15 states) of plans contain provisions for officers missing in the line of duty.

e Five states allow for activation in cases where an officer is threatened with a deadly
weapon but not actually injured.

° 61% (17 states) require sufficient descriptive information about a suspect to enlist the
public’s assistance.

e 54% (15 states) require a suspect vehicle description or license tag for activation.

e Only one state has an explicit requirement that activation will not compromise the
investigation of the incident involved.


A. Designation of National Coordinator and Deputy National Coordinator. The Blue
Alert Act requires the Attorney General to assign an existing officer of the Department to act as
the national coordinator of the Blue Alert communications network to serve as the nationwide
point of contact for the development of a network and regional coordination of Blue Alerts
through the network (34 U.S.C. § 50503(a)).

As noted in previous Reports to Congress, the Attorney General designated the Director
of the COPS Office as the National Blue Alert Coordinator (Coordinator). On April 13, 2018,
Phillip E. Keith was appointed by Attorney General Sessions as the Director of the COPS Office.
Director Keith has more than 47 years of experience in the fields of criminal justice, public
safety, and business administration. Thirty-four of those years were spent in active law
enforcement service, including 17 years as Chief of Police of the Knoxville, Tennessee, Police
Department. In addition to his service as a law enforcement officer, Mr. Keith has significant
policy and administrative experience, including working directly with the COPS Office.

The Coordinator designated an existing COPS Office staff member with significant law
enforcement experience as the Deputy National Blue Alert Coordinator (Deputy Coordinator) to
assist in implementing the Blue Alert Act. The Coordinator also established the COPS Office
Blue Alert Team consisting of existing federal staff with a broad range of expertise.' This team
meets regularly to discuss implementation strategies, timelines, and deliverables. Select
members of the team have been trained to provide technical assistance to states and local law
enforcement agencies seeking to establish Blue Alert plans or enhance an existing Blue Alert
plan.

B. Establishment of Advisory Group and Quarterly Meetings. Pursuant to the Blue Alert
Act, the Coordinator is required to establish an Advisory Group to assist states, local
governments, and other involved entities with initiating, facilitating, and promoting Blue Alert
plans (34 U.S.C. § 50503(b)(5)). The Act requires the group to have geographically diverse
representation and include the following representatives:

e A law enforcement organization representing rank-and-file officers

e Other law enforcement agencies and public safety communications

e Broadcasters, first responders, dispatchers, and radio station personnel

e Other individuals and organizations the Coordinator determines are necessary for the
success of the network

+ Shanetta Y. Cutlar, Andrew Dorr, Robert Chapman, Vince Davenport, Shannon Long, Sheryl Thomas, Melissa Fieri-
Fetrow, Tracie Johnson-Farrell, Girale Wilson-Takahashi, Lachundra Lindsey, Gerald Moore, and Matthew
Lysakowski.


of duty. Ramos and Liu family members delivered emotional remarks at the commission
meeting prior to the vote.

The FCC Commission voted unanimously to approve the creation of a dedicated EAS
event code for Blue Alerts. The FCC action gives alerting equipment manufactures 12 months to
incorporate the new Blue Alert EAS event code into new and existing alerting equipment and
software. The FCC action also gives wireless alerting entities 18 months to make similar
upgrades to cellphones and other wireless devices that are capable of receiving emergency alerts.

Other new activities include:

e Members of the COPS Office Blue Alert team monitored media reports and other sources
to identify possible Blue Alert situations. When practical, team members contacted the
affected law enforcement agency to verify facts and offer assistance if needed.

e° Members of the COPS Office Blue Alert team met with officials at the National Center
for Missing and Exploited Children (NCMEC) to discuss lessons learned from the
AMBER alert system. They also discussed the various ways that Blue Alerts could be
pushed out to secondary alerting mechanisms.

e Members of the COPS Office Blue Alert team traveled to the Department of
Transportation (DOT) headquarters to meet with officials from the Federal Highway
Administration (FHWA). The purpose of the meeting was to learn more about
regulations governing changeable overhead message signs and how they could be used to
display Blue Alerts. The COPS Office subsequently filed a formal request with the
FHWA seeking approval to use overhead messaging signs to display Blue Alerts. The
request is still pending.

e The COPS Office provided guidance materials and technical assistance to the State of
Missouri in order to facilitate the implementation of a statewide Blue Alert plan.
Missouri became the 28" state to adopt a Blue Alert plan when its law went into effect on
August 28, 2017.

e The COPS Office provided guidance materials and technical assistance to the State of
South Dakota in order to facilitate the implementation of a statewide Blue Alert plan.
South Dakota became the 29" state to adopt a Blue Alert plan when its law went into
effect on January 4, 2018.

e The Deputy National Coordinator traveled to the Nextstar Communications office to sit
for an interview about Blue Alert. The interview was packaged along with comments
from FCC Chairman Pai as a news story that was shared with television stations
throughout the United States regarding the benefits of Blue Alerts.

13


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Paul D. Ryan
Speaker

U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Speaker:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Duin

Prim F. Dain, Fedora

Principal Deputy Assistant Attorney General

Enclosure


The following table is a quick reference of threshold activation criteria for the featured
states as of April 2018.2 The wide range of Blue Alert activation criteria among states highlights
the need for uniform guidance and consistent protocols to enhance coordination and maximize
interoperability from one state to another.

BRIS) 8|S/S) |=) 2/8/2)§/5)5)5/5)/8|/4/ 3/2) 2/4] s| 2/2) |S
(OFFICER STATUS,
\killed elelelelelelel/elel/eleleleleleleleleielelelelelelelelele
‘Attempted killing e
Seriously bodily Injured elelelelelelele| jeleoleje| jelelelelelelolelolelelejolo
\Life threatening injury e
lAssaulted with deadly weapon ele! Jo] fe ° e
Injured °
Missing e e| [ele] Je] Je] |e elelele| [elele| |e
|Concerning circumstances ° e e ° ° e e
|Last location known ° ° e e °
SUSPECT
IPoses serious threat to public ° e| lele e ele
Imminent threat to public or LE ele e e elelelele ° elele °
Sufficient description to enlist public| ¢ ole} lele e| lele| jelejelelelelele e
|Vehicle description or tag ele e e elelelelele ele ele e
OTHER
|Alert may help avert further harm ele e e ° °
|Alert may hasten apprehension ele] lel le ° ° °
[Will not compromise investigation °
(Criteria to ensure victim name °

The COPS Office is continuing to examine and document the differences and
commonalities between existing Blue Alert processes. The policies compendium will include
state Blue Alert policies, forms, brochures, and promotional material from Blue Alert states that
will be useful to states and law enforcement agencies in developing or improving their own Blue
Alert systems.

There are two know instances where Blue Alerts were issued during this reporting period.

e September 29, 2017 — Polk County, Georgia. Detective Kristen Hearne was shot and killed
as she and another officer responded to reports of a stolen vehicle. Shortly after arriving on
scene, Detective Hearne and another officer were ambushed by a man and woman. Detective

? Utah has a Blue Alert plan but is not listed in the table due to insufficient activation criteria.

10



o Directory of state Blue Alert officials
© Guidance and recommendations on developing or enhancing Blue Alert plans
e Launched the National Blue Alert Network SIG on the FBI LEEP platform at
https://leo.cjis.gov/leoContent/sigs/blue_alert/
e Conducted quarterly Advisory Group meetings
e Conducted bi-weekly COPS Blue Alert Team meetings
e Coordinated with FCC to initiate creation of dedicated Blue Alert EAS event code
e Identified all 56 state and territorial IPAWS authorizing officials
e Coordinated with FEMA to integrate Blue Alert plans into PAWS
e Visited the FEMA IPAWS lab and trained on alerting equipment and software
including conducting test Blue Alerts
e Submitted application to DHS for MOA to access IPAWS-OPEN system
e Trained selected COPS Office Blue Alert Team members to provide technical
assistance to states and local agencies
e Performed immediate outreach to states after officers were killed to offer assistance
and facilitate interstate coordination.
e Promoted awareness of the Blue Alert Act at various national law enforcement events
including the annual IACP conference and the National Officer Safety and Wellness
Group forum

The Department reports the following new activities in this current report to Congress:

Thanks in large part to early interest and support from the Office of the Deputy Attorney
General, the COPS Office organized a nationwide rollout of the National Blue Alert Network on
May 19, 2017. Participants included Attorney General Sessions, members of the Blue Alert
Advisory Group, Acting Associate Attorney General Jessie Panuccio, Federal Communication
Commission (FCC) Chairman Ajit Pai and Immigration and Customs Enforcement (ICE)
Director Thomas Homan.

FCC Chairman Pai took the occasion to announce that he intended to put forth a Notice
of Proposed Rulemaking (NPRM) in support of a dedicated Emergency Alert System (EAS)
event code for Blue Alerts. On June 22, 2017, the FCC Commission voted 3-0 in favor of
issuing an NPRM for the creation of a dedicated EAS event code for Blue Alerts. This was a
very significant milestone in our effort to encourage and integrate Blue Alert plans nationwide.

In late November 2017, the FCC announced that it would hold a final vote on the Blue
Alert EAS NPRM at its open meeting scheduled for December 14, 2017. On the day of the FCC
vote, members of the Wenjian Liu and Rafael Ramos families, at the invitation of Chairman Pai
to honor the two slain law enforcement officers for whom the National Blue Alert Act was
named, were transported from New York City to the FCC Commission Meeting by NYPD
Deputy Chief Thomas Burns and members of the The NYPD Employee Relations Section
(ERS). The Section provides support and services to family members of officers killed in the line

12


The Attorney General is statutorily designated as a member of the FirstNet Board. In
2013, then Attorney General, consistent with FirstNet bylaws, delegated his responsibilities to
the COPS Office Director during the inaugural years of the Board. Currently, the Executive
Assistant Director of the Federal Bureau of Investigation’s (FBI) Science and Technology
Branch serves as the Attorney General’s designee on the Board.

In light of the similar equities between FirstNet and the Blue Alert Act, the COPS Office
consulted with the now former President of FirstNet, whose expertise has been valuable in the
development of the COPS Office’s national Blue Alert Act strategy. The COPS Office
anticipates that FirstNet, once it is fully operational, will be able to streamline communications
interoperability for states, thus further facilitating nationwide Blue Alert coordination.

The COPS Office will continue to work with stakeholders individually and collectively to
develop and enhance our national strategy for the Blue Alert Act. We will also identify
additional stakeholders as needed.

F. Cooperation with Other Federal Agencies. The Act requires the Coordinator to
cooperate with the Federal Communications Commission (FCC), the Department of Homeland
Security (DHS), the Department of Transportation (DOT), and other DOJ offices as appropriate
(34 U.S.C. § 50503(d)). As previously reported, the COPS Office established a point of contact
with each of the identified federal agencies and the FBI. We have since forged strong working
relationships with several key federal partners; notably, the FCC and FEMA.

The FCC oversees the national Emergency Alert System (EAS) used to deliver important
emergency information, such as AMBER alerts and weather information targeted to specific
areas. The FCC plays a key role in alerting as it establishes the technical standards, activation
procedures, and testing protocols. The FCC has sole authority to create fixed three-letter EAS
event codes used to define alerts and the corresponding actions by broadcasters, cable system
operators, wireless carriers, and other parties responsible for alerting the public.

In tandem with the FCC’s role in alerting, the DHS’s FEMA is responsible for
maintaining and operating the national Integrated Public Alert and Warning System (IPAWS).
In order to ensure that alerting capabilities keep up with current and emerging technologies,
FEMA partners with various stakeholders from the public and private sectors representing
broadcasting, mobile device manufacturers, and other interested industries.

States and many jurisdictions rely on IPAWS to utilize EAS and Wireless Emergency
Alerts (WEA) to alert the public. IPAWS allows alerting authorities to write their own
emergency alerts using commercially available software applications approved by FEMA and
compliant with common alerting protocols. Alerts are authenticated and delivered
simultaneously through multiple communication pathways to quickly reach the public.


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Robert W. Goodlatte
Chairman

Committee on the Judiciary

U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Chairman:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


US. Department of Justice

Office of Legislative Affairs |

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Nancy Pelosi
Minority Leader

U.S. House of Representatives
Washington, D.C. 20515

Dear Madam Leader:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Kevin McCarthy
Majority Leader

U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Leader:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Pra Gucalona
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


The COPS Office will continue its ongoing coordination efforts with FEMA to advance
the integration of Blue Alert Plans into IPAWS. The COPS Office will also continue to seek
consultation with, and ongoing advice from, our federal partners. We will also identify new
federal partners as needed.

G. Promotion of the Blue Alert Act. Notably, the Blue Alert statute prohibits the
Coordinator from conducting any official travel or hosting a conference for the sole purpose of
implementing the Blue Alert Act (34 U.S.C. § 50503(e)(3)). These restrictions have not
prevented the COPS Office from promoting the Blue Alert Act, and we have undertaken a
number of measures to raise awareness of the Blue Alert Act.

The Department promoted awareness of the Blue Alert Act at various national law
enforcement conferences, including the International Association of Chiefs of Police, Major
Cities Chiefs Association, and the National Sheriffs’ Association. These conferences provide the
potential outreach to promote the Blue Alert Act to tens of thousands of law enforcement officers
and agencies.

The COPS Office will conduct targeted informational outreach to states and territories to
raise awareness about the availability of free educational resources and technical assistance from
the National Blue Alert Network. The COPS Office will also publish a dedicated article in its e-
newsletter, Community Policing Dispatch, to describe Blue Alert development plans. This
newsletter reaches more than 7,000 law enforcement professionals and stakeholders. The COPS
Office will further promote the Blue Alert Act with all of its active award recipients, which
consists of approximately 1,000 state, local, and tribal law enforcement agencies.

IV. Effectiveness and Status of Blue Alert Plans

In addition to reporting on the activities of the Coordinator, the Blue Alert Act also
requires the annual report to Congress to include the effectiveness and status of Blue Alert plans
(34 U.S.C. § 50503(f)). The effectiveness of existing Blue Alert plans is difficult to gauge at this
time due in part to the disconnected nature of plans from state to state. There is no evidence, as
of yet, that any of the states with Blue Alert plans have conducted research around this question.
The COPS Office has begun collecting data as it becomes available in order to evaluate the
effectiveness of Blue Alert plans.

As previously reported, the COPS Office made direct outreach calls to each of the 56
states and territories. This includes the 29 states that operate Blue Alert systems as well as those
27 states and territories that currently do not have Blue Alert systems. The COPS Office’s
outreach enabled us to identify and establish Blue Alert points of contact across the country,
which is a critical resource for law enforcement and the public as no such resource existed. The
lack of such a resource affected jurisdictions’ ability to communicate within states and across the
country. Even in states with established Blue Alert plans, it was often difficult to identify
important points of contact necessary for alert activation or interstate coordination.


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Dianne Feinstein
Ranking Member

Committee on the Judiciary
United States Senate
Washington, D.C. 20510

Dear Senator Feinstein:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,

Prim F. Escalona
Principal Deputy Assistant Attorney General

Enclosure


Members of the COPS Office Blue Alert team delivered comments about the National
Blue Alert Network to the National Association of Police Organizations (NAPO). The
comments were delivered at NAPO’s annual conference in New York City.

The Deputy National Coordinator traveled to Huntsville, Alabama to meet with officials
from the Homeland Security Information Network. Most of the officials in attendance
were fusion center directors from around the country. The purpose was to discuss ways
in which information about credible threats to law enforcement could be quickly
transmitted from one jurisdiction to another using existing fusion center infrastructure.

Members of the COPS Office Blue Alert team presented information about the National
Blue Alert Network at the International Association of Chiefs of Police (IACP) annual
conference in Philadelphia.

Members of the COPS Office Blue Alert team attended a special meeting of the Global
Justice Information Sharing Initiative (Global) in Alexandria, Virginia. Global held the
meeting to discuss how current alerting activities (AMBER Alerts, Blue Alerts, and
Silver Alerts) could be improved and integrated for the benefit of law enforcement and
local alerting officials around the country.

This group is currently working on a promotional campaign for alerting stakeholders
nationally and also examining the feasibility of developing an open-source alerting
application that could be used by alerting officials at little or no cost.

The Department will undertake the following activities in the coming year:

e Conduct targeted informational outreach to states and territories to raise awareness
about the availability of free educational resources and technical assistance

e Continue to work with the FCC, FEMA, and other federal partners to ensure effective
coordination of Blue Alert rules and infrastructure.

e Further coordination with FCC to enhance the WEA effectiveness and to separate the
FCC approved dedicated emergency alert code for Blue Alerts (BLU) from broader
notification grouping.

e Coordinate with FEMA to conduct national call with state alerting officials to discuss
how each is responding the new BLU EAS event code.

e Continue to work with law enforcement stakeholders and Advisory Group members
to increase the effectiveness of our guidance and recommendations

e Continue to promote the Blue Alert Act to thousands of officers and agencies at
upcoming law enforcement events

e Publish an article in the COPS Office e-newsletter about Blue Alert

14


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Michael R. Pence
President

United States Senate
Washington, D.C. 20510

Dear Mr. President:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2018. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,

“Vrain Zpeolamna
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


Rafael Ramos and Wenjian Liu National Blue
Alert Act

REPORT TO CONGRESS
May 2018

United States Department of Justice

Office of Community Oriented Policing Services


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Jerry Nadler
Ranking Member

Committee on the Judiciary
U.S. House of Representatives
Washington, D.C. 20515

Dear Congressman Nadler:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,

Prim F. Escalona
Principal Deputy Assistant Attorney General

Enclosure


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Charles E. Grassley
Chairman

Committee on the Judiciary

United States Senate

Washington, D.C. 20510

Dear Mr. Chairman:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
“Pei peedona-
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


Hearne died of her wounds and the second officer survived his gunshot wounds. One suspect
was captured at the scene and the second suspect fled.

The Georgia Bureau of Investigation issued a Blue Alert for the second shooting suspect who
was later identified as Seth Brandon Spangler. Spangler was captured several hours later in
Cedartown, Georgia.

e November 23, 2017 — Fairfield, Texas. Texas Trooper Damon Allen was shot and killed
while making a traffic stop south of Fairfield, Texas on Thanksgiving Day. Trooper Damon
had made initial contact with the driver, identified as Dabrett Black, and was walking back to
his cruiser, when Black stepped out of his vehicle and shot Trooper Allen with a rifle.

The Texas Department of Public Safety issued a Blue Alert. Black was located several hours
later and taken into custody after exchanging shots with other law enforcement officers.

The COPS Office will continue to identify and address challenges in establishing and
implementing Blue Alert plans and develop the necessary informational resources and technical
assistance to assist states, local governments, and other involved entities with initiating,
enhancing, and promoting Blue Alert plans.

Vv. Costs

There have been no funds appropriated for implementation of the Blue Alert Act. The
Congressional Budget Office (CBO) estimated annual implementation costs to be $1M once
fully operational (Congressional Budget Office Cost Estimate, S. 665 Rafael Ramos and Wenjian
Liu National Blue Alert Act of 2015 (April 6, 2015)). Preliminary assessments — informed by
operational and technical assistance costs of the AMBER Alert system administered by the
Department’s Office of Justice Programs (OJP), its partner the National Center for Missing and
Exploited Children, and its grantee Fox Valley Community College — generally support the
CBO estimate.

Similar to the AMBER Alert system costs, the COPS Office anticipates funds needed for
the Blue Alert Act will support development and assistance to the 27 States and territories that do
not have Blue Alert plans as well as training, technical assistance, and coordination to the states
that do have Blue Alert plans. The COPS Office continues to work diligently to implement the
Blue Alert Act and to minimize any costs by aligning with existing resources.

VI. Summary of Activities and Projected Next Steps
The Department reported the following activities in its previous report to Congress:

e Developed a wide variety of Blue Alert informational resources including:
o National Blue Alert Network factsheet and PowerPoint presentation
o Compendium of state Blue Alert legislation and policies

11


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2618

The Honorable Charles E. Schumer
Minority Leader

United States Senate

Washington, D.C. 20510

Dear Mr. Leader:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


As previously reported, the Coordinator established an Advisory Group that satisfies each
of the statutory requirements. Today, there are nine members representing the following
organizations:

e Fraternal Order of Police (FOP)

e National Association of Police Organizations (NAPO)

e Blue Alert Foundation, Inc.

e International Association of Chiefs of Police (ACP)

e National Sheriffs’ Association (NSA)

e National Law Enforcement Officers Memorial Fund (NLEOMF)
e Association of Public Safety Communications Officials (APCO)
e National Association of Broadcasters (NAB)

e First Responder Network Authority (FirstNet)

The Advisory Group meets on a quarterly basis and most recently met on March 28,
2018. To date, Advisory Group members have provided valuable individual feedback to the
COPS Office on our guidance and recommendations to states and local governments in
developing or enhancing their Blue Alert plans.

The COPS Office will add additional Advisory Group members or amend the frequency
of meetings, as appropriate, consistent with the discretion granted to the Coordinator by the Blue
Alert Act.

C. Development of Voluntary Guidelines and Protocols. The Blue Alert Act requires the
Coordinator to establish voluntary guidelines for states and local governments to use in
developing Blue Alert plans. The guidelines must include a list of resources necessary to
establish Blue Alert plans; criteria and guidelines for issuing Blue Alerts; guidelines to protect
privacy and civil liberties; and guidelines aligned with the National Crime Information Center
(NCIC) database operated by the Federal Bureau of Investigation and any other relevant crime
information repository (34 U.S.C. § 50503).

The voluntary guidelines address two complementary yet separate components of the
Blue Alert Act: public alerts and law enforcement sensitive (LES) alerts. Public alerts directed
at media outlets and affected communities provide suspect or missing officer information that is
appropriate for public dissemination. LES alerts directed at affected law enforcement agencies
provide sensitive information that is accessible only to law enforcement personnel. Public and
LES alerts are often sent concurrently.

Unlike public Blue Alerts, LES Blue Alerts are limited to situations when an
investigating agency needs to share information with other states or law enforcement agencies
but is not prepared to make suspect information publicly known. LES alerts are used when the
investigating agency believes that making suspect information known publicly could jeopardize


¢ Information on who is eligible and how to access our secure controlled access
information sharing platform

Since January 2017, the COPS Office has maintained a secure web-based data repository
maintained on the Federal Bureau of Investigation Law Enforcement Enterprise Portal (LEEP)
that provides controlled access to states, local governments, law enforcement agencies, and other
qualified stakeholders as determined by the Coordinator. Individuals with existing LEEP or
LEO. gov accounts can access the National Blue Alert Network Special Interest Group (SIG)
directly at https://leo.cjis.gov/leoContent/sigs/blue_alert/. The National Blue Alert SIG provides
curated information that may not be appropriate for public dissemination to include, but not
limited to, the following:

e State Blue Alert Officials Directory (24-Hour emergency contact information)
e National Blue Alert Network PowerPoint Presentation

e Effective Blue Alert Plans: Guidance and Recommendations

e Sample Blue Alert Policies

e Annual Reports to Congress

The COPS Office will continue to enhance the National Blue Alert Network webpage
and SIG with updated and new information on a regular basis.

Notably, the Blue Alert Act prohibits the Coordinator from lobbying any state officer
regarding the funding or implementation of a Blue Alert plan. However, the COPS Office offers
free informational resources and technical assistance to any state or local agency wishing to
establish or modify its Blue Alert plans. Upon request by the state or local agency, trained
COPS Office Blue Alert Team members will review Blue Alert plans and provide feedback to
ensure compliance with the voluntary guidelines and protocols.

E. Engagement with Stakeholders. As previously reported, the COPS Office reached out to
several key stakeholders to assist in developing and implementing a national Blue Alert Act
strategy.

The COPS Office continues to work with the Executive Director of the Blue Alert
Foundation, Inc. to promote the creation and establishment of Blue Alert systems throughout the
United States. The foundation also provides support to families of fallen officers and facilitates
the acquisition of critical safety equipment for law enforcement agencies needing assistance.
The Executive Director currently serves on the Blue Alert Advisory Group.

The COPS Office continues to work with FirstNet, an independent authority within the
Department of Commerce’s National Telecommunications and Information Administration.
FirstNet’s mission is to build, operate, and maintain the first high-speed nationwide wireless
broadband network for interoperable public safety communications.


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Mitch McConnell
Majority Leader

United States Senate
Washington, D.C. 20510

Dear Mr. Leader:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No, 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Prim F. Escalona

Principal Deputy Assistant Attorney General

Enclosure


e Identify fiscal needs for further implementation of the Blue Alert Act and make
appropriate funding requests

e Promote the Blue Alert Act with all active COPS Office award recipients

e Continue with COPS Office Blue Alert Team meetings

e Continue with quarterly Blue Alert Act Advisory Group meetings

Attachments:

e State Map of Blue Alert plans

e Blue Alert Factsheet

e Blue Alert web page screen image
e Global Poster

15


U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

JUN 12 2018

The Honorable Orrin G. Hatch
President Pro Tempore

United States Senate
Washington, D.C. 20510

Dear Mr. President:

Enclosed please find the Department of Justice (Department) Office of Community
Oriented Policing Services (COPS Office) Annual Report on the Rafael Ramos and Wenjian Liu
National Blue Alert Act to Congress (Pub. L. No. 114-12). Under the National Blue Alert Act,
the Department is required to develop the national Blue Alert framework; determine and
designate an Advisory Board; create voluntary guidelines for States; and identify and address the
challenges facing States as they try to implement Blue Alert.

The Report focuses on the work of the COPS Office and the status and updates of the
implementation of the National Blue Alert Act through early May 2017. Since designation of the
COPS Office Director as the National Blue Alert Coordinator in June of 2016, the COPS Office
has made tremendous progress in implementing the National Blue Alert Act, including a
unanimous vote by the Federal Communications Commission to approve the creation of a
dedicated Emergency Alert System event code for Blue Alerts.

We hope this information is helpful. Please do not hesitate to contact this office if we
may provide additional assistance regarding this or any other matter.

Sincerely,
Prim F. Escalona
Principal Deputy Assistant Attorney General

Enclosure


Rafael Ramos and Wenjian Liu National Blue Alert Act
REPORT TO CONGRESS
United States Department of Justice
Office of Community Oriented Policing Services
I Purpose

Pursuant to the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, Pub. L.
No. 114-12 (Blue Alert Act or Act), the United States Department of Justice (DOJ or
Department) provides this annual report to Congress.

Il. Background

The Blue Alert Act was enacted to “establish a national Blue Alert communications
network within the [U.S.] Department of Justice to issue Blue Alerts through the initiation,
facilitation, and promotion of Blue Alert plans, in coordination with States, units of local
government, law enforcement agencies, and other appropriate entities.” (34 U.S.C. § 50502).”
Named for two fallen New York City Police Department (NYPD) officers who were ambushed,
the Act is intended to facilitate rapid dissemination of information to law enforcement agencies,
the media, and the public that will aid in (1) apprehending violent criminals who have killed or
seriously injured a law enforcement officer in the line of duty; (2) finding an officer when he or
she is missing in connection with his or her official duties; or (3) sharing notice of an imminent
and credible threat that an individual intends to cause the serious injury or death of a law
enforcement officer.

Officer safety and wellness remains a top priority for the Department, which is
committed to implementing the Blue Alert Act to protect the lives of the men and women who
bravely serve in law enforcement. Attorney General Sessions has consistently recognized the
uniquely dangerous nature of police work and reiterated the Department’s strong support of
federal, state, local, and tribal law enforcement. The Department assigned the Office of
Community Oriented Policing Services (COPS Office) with the honor of overseeing
implementation of the Blue Alert Act and to create the National Blue Alert Network, based on its
extensive work on officer safety and wellness issues.

III. Coordinator Activities

The Blue Alert Act requires an annual report to Congress on the activities of the National
Blue Alert Coordinator and the effectiveness and status of Blue Alert plans that are in effect or
being developed. The COPS Office dedicated significant time and effort to implement the Blue
Alert Act and reports the following activities:


the criminal investigation or when the investigating agencies believes that public alerting is not
prudent given the facts known at the time. LES alerts are also used when there is a known
credible threat to law enforcement in a particular jurisdiction and the investigating agency wishes
to alert other law enforcement personnel in the affected jurisdictions or geographical area
without making the threat known publicly.

To meet its statutory mandate to establish voluntary guidelines, the COPS Office issued
Alert Guidelines (https://cops.usdoj.gov/pdf/blue-alert/blue_alert_guidelines.pdf) to provide
general information on when a law enforcement agency should issue Blue Alerts consistent with
the statutory criteria as set forth in the Blue Alert Act. Blue Alerts may be issued when one of
the following sets of threshold criteria are met: (1) death or serious injury of a law enforcement
officer in the line of duty; (2) law enforcement officer missing in connection with official duties;
or (3) threat to cause death or serious injury to a law enforcement officer.

To supplement the Alert Guidelines, the COPS Office developed Effective Blue Alert
Plans: Guidance and Recommendations to help states and local agencies through the
development process of Blue Alert plans; enhance and standardize existing state and local Blue
Alert plans; and promote nationwide compatibility of Blue Alert plans. This comprehensive
guidance identifies and addresses eight key elements to consider in developing new or updating
existing Blue Alert plans: (1) activation criteria for alerts; (2) requesting alerts; (3) writing
effective alerts; (4) geographic scope of alerts; (5) interstate and intrastate coordination of alerts;
(6) duration of alerts; (7) officer privacy protection; and (8) suspect apprehension efforts.

The COPS Office has worked closely with our partners at the Federal Communications
Commission (FCC) and Federal Emergency Management Administration (FEMA) to establish
the most effective way to deliver targeted alerts within the existing alerting infrastructure. We
will also continue to work with law enforcement stakeholders and Advisory Group members to
increase the effectiveness of our guidance.

D. Information Repositories and Delivery of Technical Assistance. Since October 2016,
the COPS Office has maintained a dedicated webpage on our DOJ website at
https://cops.usdoj.gov/bluealert to promote Blue Alerts and provide educational materials. This
National Blue Alert Network webpage serves as a centralized resource center to include, but not
limited to, the following:

e Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015

e Blue Alert map indicating those states and territories with Blue Alert plans
e Alert Guidelines

e National Blue Alert Network factsheet

e Blue Alert Legislation Compendium

e State Blue Alert Officials Directory (public contact information)