[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]


 PROTECTING THE HOMELAND: AN EXAMINATION OF FEDERAL EFFORTS TO SUPPORT 
                    STATE AND LOCAL LAW ENFORCEMENT

=======================================================================

                             JOINT HEARING

                               BEFORE THE

                            SUBCOMMITTEE ON
          COUNTERTERRORISM, LAW ENFORCEMENT, AND INTELLIGENCE

                                AND THE

                            SUBCOMMITTEE ON
                  EMERGENCY MANAGEMENT AND TECHNOLOGY

                                 OF THE

                     COMMITTEE ON HOMELAND SECURITY
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION
                               __________

                              MAY 16, 2023
                               __________

                           Serial No. 118-12
                               __________

       Printed for the use of the Committee on Homeland Security
                                     

                  [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                                     
       Available via the World Wide Web: http://www.govinfo.gov/
       
                               __________

                    U.S. GOVERNMENT PUBLISHING OFFICE
                    
54-104 PDF                WASHINGTON : 2023   


                     COMMITTEE ON HOMELAND SECURITY

                 Mark E. Green, MD, Tennessee, Chairman
Michael T. McCaul, Texas             Bennie G. Thompson, Mississippi, 
Clay Higgins, Louisiana                  Ranking Member
Michael Guest, Mississippi           Sheila Jackson Lee, Texas
Dan Bishop, North Carolina           Donald M. Payne, Jr., New Jersey
Carlos A. Gimenez, Florida           Eric Swalwell, California
August Pfluger, Texas                J. Luis Correa, California
Andrew R. Garbarino, New York        Troy A. Carter, Louisiana
Marjorie Taylor Greene, Georgia      Shri Thanedar, Michigan
Tony Gonzales, Texas                 Seth Magaziner, Rhode Island
Nick LaLota, New York                Glenn Ivey, Maryland
Mike Ezell, Mississippi              Daniel S. Goldman, New York
Anthony D'Esposito, New York         Robert Garcia, California
Laurel M. Lee, Florida               Delia C. Ramirez, Illinois
Morgan Luttrell, Texas               Robert Menendez, New Jersey
Dale W. Strong, Alabama              Yvette D. Clarke, New York
Josh Brecheen, Oklahoma              Dina Titus, Nevada
Elijah Crane, Arizona
                      Stephen Siao, Staff Director
                  Hope Goins, Minority Staff Director
                       Natalie Nixon, Chief Clerk
                     Sean Jones, Legislative Clerk
                                 ------                                

  SUBCOMMITTEE ON COUNTERTERRORISM, LAW ENFORCEMENT, AND INTELLIGENCE

                    August Pfluger, Texas, Chairman
Dan Bishop, North Carolina           Seth Magaziner, Rhode Island, 
Tony Gonzales, Texas                     Ranking Member
Anthony D'Esposito, New York         J. Luis Correa, California
Elijah Crane, Arizona                Daniel S. Goldman, New York
Mark E. Green, MD, Tennessee (ex     Dina Titus, Nevada
    officio)                         Bennie G. Thompson, Mississippi 
                                         (ex officio)
               Michael Koren, Subcommittee Staff Director
          Brittany Carr, Minority Subcommittee Staff Director
                    Alice Hayes, Subcommittee Clerk
                                 ------                                

          SUBCOMMITTEE ON EMERGENCY MANAGEMENT AND TECHNOLOGY

                 Anthony D'Esposito, New York, Chairman
Nick LaLota, New York                Troy A. Carter, Louisiana, Ranking 
Dale W. Strong, Alabama                  Member
Josh Brecheen, Oklahoma              Donald M. Payne, Jr., New Jersey
Mark E. Green, MD, Tennessee (ex     Daniel S. Goldman, New York
    officio)                         Bennie G. Thompson, Mississippi 
                                         (ex officio)
               Diana Bergwin, Subcommittee Staff Director
          Lauren McClain, Minority Subcommittee Staff Director
                   Luke Jennette, Subcommittee Clerk

                            C O N T E N T S

                              ----------                              
                                                                   Page

                               Statements

The Honorable August Pfluger, a Representative in Congress From 
  the State of Texas, and Chairman, Subcommittee on 
  Counterterrorism, Law Enforcement, and Intelligence:
  Oral Statement.................................................     1
  Prepared Statement.............................................     3
The Honorable Seth Magaziner, a Representative in Congress From 
  the State of Rhode Island, and Ranking Member, Subcommittee on 
  Counterterrorism, Law Enforcement, and Intelligence:
  Oral Statement.................................................     5
  Prepared Statement.............................................     6
The Honorable Anthony D'Esposito, a Representative in Congress 
  From the State of New York, and Chairman, Subcommittee on 
  Emergency Management and Technology:
  Oral Statement.................................................    17
  Prepared Statement.............................................    19
The Honorable Troy A. Carter, a Representative in Congress From 
  the State of Louisiana, and Ranking Member, Subcommittee on 
  Emergency Management and Technology:
  Oral Statement.................................................    21
  Prepared Statement.............................................    23
The Honorable Bennie G. Thompson, a Representative in Congress 
  From the State of Mississippi, and Ranking Member, Committee on 
  Homeland Security:
  Oral Statement.................................................    24
  Prepared Statement.............................................    25

                               Witnesses

Chief Michael Gerke, Chief of Police, Odessa Police Department:
  Oral Statement.................................................    28
  Prepared Statement.............................................    30
Sheriff Don Barnes, Sheriff, Orange County, California:
  Oral Statement.................................................    31
  Prepared Statement.............................................    32
Mr. Michael Cox, Commissioner, Boston Police Department:
  Oral Statement.................................................    38
  Prepared Statement.............................................    40
Mr. Rafael Mangual, Senior Fellow and Head of Research Policing 
  and Public Safety Initiative, Manhattan Institute for Policy 
  Research:
  Oral Statement.................................................    43
  Prepared Statement.............................................    45

                             For the Record

The Honorable Seth Magaziner, a Representative in Congress From 
  the State of Rhode Island, and Ranking Member, Subcommittee on 
  Counterterrorism, Law Enforcement, and Intelligence:
  Letter From Brady..............................................     7
  Statement of Giffords Law Center to Prevent Gun Violence.......     9
The Honorable J. Luis Correa, a Representative in Congress From 
  the State of California:
  Letter From Chicago CRED Founder Arne Duncan...................    57
  Article, Trace.................................................    72
The Honorable Daniel S. Goldman, a Representative in Congress 
  From the State of New York:
  Article, New York Times........................................    62

                                Appendix

Questions From Honorable Laurel M. Lee for Michael Gerke.........    77
Question From Honorable Laurel M. Lee for Don Barnes.............    77
Questions From Honorable Donald M. Payne, Jr., for Michael A. Cox    78

 
 PROTECTING THE HOMELAND: AN EXAMINATION OF FEDERAL EFFORTS TO SUPPORT 
                    STATE AND LOCAL LAW ENFORCEMENT

                              ----------                              


                         Tuesday, May 16, 2023

             U.S. House of Representatives,
                    Committee on Homeland Security,
    Subcommittee on Counterterrorism, Law Enforcement, and 
                                      Intelligence, and the
                      Subcommittee on Emergency Management 
                                            and Technology,
                                                    Washington, DC.
    The subcommittee met, pursuant to notice, at 9 a.m., at 
Room 310, Cannon House Office Building, Hon. August Pfluger 
[Chairman of the Subcommittee on Counterterrorism, Law 
Enforcement, and Intelligence] presiding.
    Present from the Subcommittee on Counterterrorism, Law 
Enforcement, and Intelligence: Representatives Pfluger, 
D'Esposito, Crane, Brecheen, Magaziner, Carter, Correa, and 
Goldman.
    Present from the Subcommittee on Counterterrorism, Law 
Enforcement, and Intelligence: Representatives D'Esposito, 
LaLota, Strong, Brecheen, Carter, and Goldman.
    Also present: Representative Thompson, Higgins, Lee, Steel, 
Ivey, Titus, and Jackson Lee.
    Chairman Pfluger. The Committee on Homeland Security, 
Subcommittee on Counterterrorism, Law Enforcement and 
Intelligence, and Subcommittee on Emergency Management and 
Technology will come to order. The purpose of this hearing is 
to examine the state of U.S. law enforcement and how the 
Department of Homeland Security is engaged with State and local 
authorities across America to fight crime, as well as prepare 
for disaster response. Without objection, the gentlewoman from 
California, Mrs. Michelle Steel, the gentleman from Louisiana, 
Mr. Clay Higgins, and the gentlewoman from Florida, Ms. Laurel 
Lee, are permitted to sit on the dais and ask questions of the 
witnesses.
    I now recognize myself for an opening statement. Good 
morning. We are holding an important hearing during National 
Police Week, a time when we recognize and honor the sacrifices 
and service of our men and women in law enforcement from across 
the country. I am pleased to have some of my own constituents 
here that are joining us today. I would first like to recognize 
Odessa Police Chief Michael Gerke as a witness today. In 
addition, I am pleased to have Midland County Sheriff David 
Criner and his wife Judy in the audience with us.
    I have had the luxury of getting to know both of these 
gentlemen as well over the last 2 years, and I know that Chief 
Gerke will provide some valuable insight as to what issues 
rural police departments are facing throughout the country. 
Unfortunately, I think we have forgotten what it means to 
support our men and women in law enforcement who serve our 
communities every day, many of whom, well, let me strike that. 
All of whom are real-life heroes.
    Last year, 246 law enforcement officers were tragically 
killed in the line of duty. This year, there have already been 
41 officers killed in the line of duty serving their 
communities. Just this past Thursday, on May 11, Sergeant 
Joshua Clouse of the Cameron Police Department in Texas was 
shot and killed by a subject who was wanted for shooting his 
wife during a domestic violence incident earlier in the night 
as he and other officers executed a search warrant. Sergeant 
Clouse was an army veteran and had a wife and two children. He 
is a hero, and I pray for his family and friends.
    We have also forgotten the importance of holding people 
accountable for engaging in criminal activities and preying on 
law-abiding citizens. From increases in aggravated assaults, 
robberies, and retail theft to dealing illicit fentanyl, I 
think many Americans no longer feel safe in their communities. 
Some cities are even releasing criminals back into their 
communities due to zero bail policies and downgrading the 
sentencing for felonies, allowing these bad actors to continue 
committing crimes. What message is this sending to career 
criminals? It is not one of law and order, but instead 
encourages lawlessness across the homeland and is unacceptable.
    While criminals are not being held accountable for their 
actions, our law enforcement officers face extremely low morale 
in many places. Unfortunately, in some places that is due to 
anti-police sentiment. Extreme budget cuts, rogue legal 
reforms, and the media bias against law enforcement have 
resulted in significant recruitment and retention challenges 
for State and local law enforcement agencies across the 
country. These factors are not only preventing law enforcement 
from carrying out their duties to protect Americans, but they 
are also impeding police agencies across the homeland from 
having the resources to further train officers and prevent 
other mishaps.
    If we continue down the path of cutting law enforcement 
budgets, police departments will be left with a difficult 
choice between lowering recruitment standards or being unable 
to meet their hiring needs. This committee has an important 
role to play as we oversee the Department of Homeland Security, 
which looks to support, let me say that again, support State 
and local, Tribal, territorial law enforcement agencies in 
their efforts to keep our communities safe, secure, and 
resilient.
    From a Homeland Security standpoint, it has been over 20 
years since 9/11 happened, yet we still have challenges for the 
timely sharing of information between the Federal Government 
and State and local agencies. While we have made significant 
progress, I worry that there continue to be gaps in how we 
share information in a consistent and timely manner. We have to 
work together to overcome these barriers, as information 
sharing is critical to combat the wide variety of threats that 
we face today. In particular, when it comes to fusion centers, 
which are primarily State-funded facilities established with 
the purpose of information sharing between those levels, there 
is a common saying that says if you have seen one fusion 
center, you have seen one fusion center.
    It is important that we ensure DHS is properly supporting 
fusion centers as they serve as focal points in State and urban 
areas for the receipt, analysis, gathering, and sharing of 
threat-related information. States like Texas have many 
different threats impacting their communities. I have seen 
first-hand how metropolitan areas like the one I visited in San 
Antonio can coordinate seamlessly between Federal, State, and 
local levels.
    Furthermore, DHS provides various Federal grants to assist 
State, local, and territorial partners. We need to ensure that 
these grant programs continue and that they are effective in 
doing out what their mission says that they should be doing. 
Unfortunately, rural areas like my district do not experience 
that luxury and must rely on fusion centers that are located in 
other areas. There have been numerous times in the last month 
where Texas, DPS, or CBP were pursuing human smugglers, drug 
traffickers, or other malign actors through small towns in West 
Texas along the border that have led to catastrophic loss of 
life. Had a fusion center been established that caters to the 
unique needs of those rural areas, maybe it could have been 
easier for local and State law enforcement agencies to better 
coordinate with CBP and DPS. Today, I hope that we can examine 
this issue. I hope that we can find ways to highlight the 
information sharing and where it can be more readily available 
and more effective.
    Last, it is important that our Nation must restore a sense 
of appreciation for the men and women who wear the uniform, who 
protect our communities, and who have been willing to sacrifice 
their own lives for the betterment of their communities. We 
have a very distinguished panel of witnesses to testify about 
the challenges between State and local law enforcement 
agencies, both in rural and in urban areas. I would like to 
thank all of our witnesses, not just for being here today, but 
more importantly, for you and your family's sacrifices in being 
willing to serve our Nation.
    [The statement of Chairman Pfluger follows:]
                  Statement of Chairman August Pfluger
                              May 16, 2023
    Good morning, we are holding this important hearing during National 
Police Week, a time when we recognize and honor the sacrifices and 
service of our men and women in law enforcement from across the 
country.
    I am pleased to have some of my constituents join us today. First, 
I would like to recognize Odessa Police Chief Michael Gerke as a 
witness today. In addition, I am pleased to have Midland County Sherrif 
David Criner and his wife, Judy, in the audience. I have had the luxury 
of getting to know both of these gentlemen well over the last 2 years 
and I know that Chief Gerke will provide some valuable insight as to 
what issues rural police departments are facing.
    Unfortunately, we've forgotten what it means to support our men and 
women in law enforcement who serve our communities every day--many of 
whom are real-life heroes.
    Last year, 246 law enforcement officers were tragically killed in 
the line of duty. This year, there have already been 41 officers killed 
in the line of duty serving their communities.\1\
---------------------------------------------------------------------------
    \1\ Officer Down Memorial Page, https://www.odmp.org/.
---------------------------------------------------------------------------
    Just this past Thursday, on May 11, Sergeant Joshua Clouse of the 
Cameron Police Department in Texas, was shot and killed by a subject, 
who was wanted for shooting his wife during a domestic violence 
incident earlier in the night, as he and other officers executed a 
search warrant.\2\ Sergeant Clouse was an Army veteran, had a wife, and 
two children.
---------------------------------------------------------------------------
    \2\ Officer Down Memorial Page, Sergeant Joshua I. Clouse, https://
www.odmp.org/officer/26723-sergeant-joshua-i-clouse.
---------------------------------------------------------------------------
    Sergeant Clouse is a hero. I sincerely pray for his family and 
friends.
    We've also forgotten the importance of holding people accountable 
for engaging in criminal activities and preying on law-abiding 
citizens--from increases in aggravated assaults, robberies, and retail 
theft to dealing illicit fentanyl, Americans no longer feel safe in 
their communities.
    Some cities are even releasing criminals back into their 
communities due to zero bail policies and downgrading the sentencing 
for felonies, allowing these bad actors to continue committing crimes.
    What message is this sending to career criminals?
    It is not one of law and order but instead encourages lawlessness 
across the homeland--this is unacceptable.
    While criminals are not being held accountable for their actions, 
our law enforcement officers face extremely low morale due to anti-
police sentiments.
    Extreme budget cuts, rogue legal reforms, and the media bias 
against law enforcement have resulted in significant recruitment and 
retention challenges for State and local law enforcement agencies 
across the country.
    These factors are not only preventing law enforcement from carrying 
out their duties to protect Americans, but they are also impeding 
police agencies across the homeland from having the resources to 
further train their officers and prevent any police misconduct.
    If we continue down the path of cutting law enforcement budgets, 
police departments will be left with the difficult choice between 
lowering their recruitment standards or being unable to meet their 
hiring needs.
    This committee has an important role to play as we oversee the 
Department of Homeland Security, which looks to support State, local, 
Tribal, territorial law enforcement agencies in their efforts to keep 
our communities safe, secure, and resilient.
    From a homeland security perspective, it has been over 20 years 
since 9/11, and we still have challenges for the timely sharing of 
information between the Federal Government and State and local law 
enforcement agencies.
    While we've made some significant progress, I worry that there 
continues to be gaps in how we share information in a consistent, 
timely, and effective manner.
    We must work together to overcome these barriers as information 
sharing is critical to combat the wide variety of threats from 
criminals and terrorists.
    In particular, when it comes to Fusion Centers, which are primarily 
State-funded facilities established with the purpose of information 
sharing between State, local, Tribal, territorial, and Federal 
agencies, there is a common saying, ``If you've seen one Fusion Center, 
you've seen one Fusion Center.''
    It is important that we ensure DHS is properly supporting Fusion 
Centers as they serve as focal points in States and urban areas for the 
receipt, analysis, gathering, and sharing of threat-related 
information.
    States, like Texas, have many different threats impacting their 
communities. I have seen first-hand how metropolitan areas, like the 
one I visited in San Antonio, can coordinate seamlessly between 
Federal, State, and local law enforcement agencies.
    Furthermore, DHS provides various Federal grants to assist State, 
local, Tribal, and territorial partners. We need to ensure these grant 
programs are effectively assisting law enforcement as they work to 
carry out their important mission.
    Unfortunately, rural areas, like my district, do not experience 
that luxury and must rely on Fusion Centers hundreds of miles away. 
There have been numerous times in the last month where Texas DPS or CBP 
were pursuing human smugglers and drug traffickers through small towns 
in west Texas along the border that have led to catastrophic loss of 
life. Had a Fusion Center been established that caters to the unique 
needs of rural areas, local law enforcement agencies could have better 
coordinated with CBP and DPS.
    I hope we can examine this issue today and find ways to better 
share information to our rural communities.
    Last, it is important that our Nation must restore a sense of 
appreciation and respect for our men and women in law enforcement who 
serve our communities.
    We have a distinguished panel of witnesses to testify about the 
challenges State and local law enforcement agencies in both rural and 
urban areas face in responding to crimes in their communities.
    Thank you to all our witnesses for being with us this morning, and 
I look forward to our discussion on this critical topic.

    Chairman Pfluger. I now recognize the Ranking Minority 
Member on this committee, Mr. Magaziner, for his opening 
statement.
    Mr. Magaziner. Thank you, Chairman. I want to thank all of 
our witnesses for being here, and particularly our law 
enforcement witnesses. Thank you for your selfless service. 
Every day, you and the men and women you serve alongside put 
your lives at risk to protect and serve this Nation. While this 
is National Police Week, we honor your service every day. We 
are grateful for the sacrifices you and your families make, and 
we particularly honor those officers who have made the ultimate 
sacrifice and have died in the line of duty. I know I speak for 
everyone on both of our committees when I express my gratitude 
to you in our commitment to supporting the funding, the 
staffing, and the technology that you need to do your jobs 
safely and effectively.
    We also want to highlight the importance of strong 
relationships between law enforcement agencies and the 
communities they serve. Community policing models based upon 
respect and collaboration between law enforcement and civilians 
have consistently been shown to be effective in reducing crime 
and improving safety of both officers and civilians. Police 
officers are often the first responders on the scene of 
overdoses, and we must ensure that officers have the support 
and the training to respond effectively in the midst of this 
epidemic. In order for us to reduce crime and make police work 
safer for those who put on the uniform, we must continue to 
fight for common-sense gun safety laws so that neighborhoods 
are safe from gun violence and police officers are never 
outgunned.
    In the last several years, 504 police officers were killed 
on duty in the United States, and of those, 456 officers were 
fatally shot with a gun, meaning that 90 percent of line-of-
duty deaths were perpetrated with a gun. This gun violence 
epidemic has only become worse in recent years. From 2020 to 
2021, the number of police officers fatally shot rose 35 
percent. It should be no surprise that these increasing 
occurrences of preventable officer deaths are three times more 
likely to occur in States with weak gun laws.
    States like mine that have passed common-sense gun safety 
laws like background checks, red-flag laws, and ghost gun and 
high-capacity magazine bans generally see lower levels of gun 
violence and officers killed on duty than States with weaker 
gun safety laws.
    Another factor in preventing violence is strong 
collaboration and information sharing between Federal and local 
law enforcement agencies. I share the Chairman's concern and 
our focus on this area because it is particularly important in 
preventing acts of terrorism, which is a key focus of our 
subcommittee. We must build on the lessons learned from the 
fusion center model and ensure that collaboration between State 
and local law enforcement in anticipating and neutralizing 
threats, both foreign and domestic, is as seamless as possible. 
Information sharing between Federal and local agencies is vital 
in neutralizing terror threats and preventing mass casualty 
events.
    I find it disturbing that some of our colleagues have taken 
to calling for Federal law enforcement agencies like the FBI 
and the ATF to be defunded. I know that they do not speak for 
all in their party, and they certainly do not speak for all 
Americans, but this rhetoric is dangerous for many reasons, 
including the fact that these agencies play a vital role in 
supporting local law enforcement in preventing and responding 
to mass casualty events.
    My hope is that this hearing will provide an insight to us 
as legislators on the best practices from around the country, 
as we work together in our shared goal to improve the safety of 
our homeland and all of its citizens. In addition to having an 
earnest conversation about gun safety laws and fusion centers, 
I hope to hear from today's witnesses about ways that the 
Federal Government can support your efforts to keep communities 
safe, including through improved information sharing. I want to 
thank the Ranking Member--I am sorry--I want to thank the 
Chairman for calling this hearing. I ask unanimous consent to 
insert into the record two statements from the Brady: United 
Against Gun Violence and Gifford Law Center detailing how weak 
gun laws endanger law enforcement. I also ask for unanimous 
consent that Congresswoman Jackson Lee and Congressman Ivey be 
allowed to sit in on today's hearing and question the 
witnesses. With that, I yield back.
    [The statement of Ranking Member Magaziner follows:]
               Statement of Ranking Member Seth Magaziner
                              May 16, 2023
    To our law enforcement witnesses, thank you for your selfless 
service. Every day, you, and the men and women you serve alongside in 
uniform put your lives at risk to protect and serve this Nation. This 
may be Police Week, but we honor your service every day, we are 
grateful for the sacrifices you and your families make, and we 
particularly honor those officers who have made the ultimate sacrifice 
and have died in the line of duty.
    I speak for all of the Democrats on our subcommittees when I 
express my gratitude to you, and our commitment to supporting the 
funding, the staffing, and the technology you need to do your jobs 
safely and effectively. We also want to highlight the importance of 
strong relationships between law enforcement agencies and the 
communities they serve. Community policing models based upon respect 
and collaboration between law enforcement and civilians have 
consistently been shown to be effective in reducing crime and improving 
safety for both officers and civilians.
    Police officers are often the first responders on the scene of 
overdoses, and we must ensure that officers have the support and 
training to respond effectively in the midst of this epidemic. And in 
order for us to reduce crime and make police work safer for those who 
put on the uniform, we must continue to fight for common-sense gun 
safety laws so that neighborhoods are safe from gun violence and police 
officers are never outgunned.
    From 2012 to 2021, 504 police officers were killed in the United 
States. Out of those, 456 officers were fatally shot with a gun--
meaning that 90 percent of line-of-duty deaths were perpetrated with a 
gun. This gun violence epidemic has only become worse in recent years. 
From 2020 to 2021, the number of police officers fatally shot rose 35 
percent--and it should be no surprise that these increasing occurrences 
of preventable officer deaths are three times more likely to occur in 
places with weak gun laws. States like mine that have passed common-
sense gun safety laws like background checks, red flag laws, and ghost 
gun and high-capacity magazine bans, generally see lower levels of gun 
violence and officers killed on duty than States with weaker gun safety 
laws.
    Another factor in preventing violence is strong collaboration and 
information sharing between Federal and local law enforcement agencies. 
This is particularly important in preventing acts of terrorism, a key 
focus of our subcommittee. We must build on the strength of the fusion 
center model and ensure that collaboration between State and local law 
enforcement in anticipating and neutralizing terror threats, both 
foreign and domestic, is as seamless as possible. Information sharing 
between Federal and local agencies is vital in neutralizing terror 
threats and preventing mass casualty events.
    I find it disturbing that some of our colleagues on the far right 
have taken to calling for Federal law enforcement agencies like the FBI 
and ATF to be defunded. I know they do not speak for all in their 
party, and they certainly do not speak for all Americans. But this 
rhetoric is dangerous for many reasons, including the fact that these 
agencies play a vital role in supporting local law enforcement in 
preventing and responding to terror events.
    My hope is that this hearing will provide insight to us as 
legislators, and best practices for those watching around the country, 
as we work together in our shared goal to improve the safety of our 
homeland and all of its citizens. In addition to having an earnest 
conversation about common-sense gun laws, I hope to hear from today's 
witnesses about other ways the Federal Government can support your 
efforts to keep our communities safe, including through improved 
information sharing.

    Chairman Pfluger. Thank you, Mr. Ranking Member. So ordered 
on the request.
    [The information follows:]

      Letter From Brady Submitted by Ranking Member Seth Magaziner
The Honorable August Pfluger,
Chairman, Subcommittee on Counterterrorism, Law Enforcement, and 
        Intelligence, House Committee on Homeland Security, 1124 
        Longworth House Office Building, Washington, DC 20515.

The Honorable Anthony D'Esposito,
Chairman, Subcommittee on Emergency Management and Technology, House 
        Committee on Homeland Security, 1508 Longworth House Office 
        Building, Washington, DC 20515.

The Honorable Seth Magaziner,
Ranking Member, Subcommittee on Counterterrorism, Law Enforcement, and 
        Intelligence, House Committee on Homeland Security, 1218 
        Longworth House Office Building, Washington, DC 20515.

The Honorable Troy Carter,
Ranking Member, Subcommittee on Emergency Management and Technology, 
        House Committee on Homeland Security, 1442 Cannon House Office 
        Building, Washington, DC 20515.

                                      May 15, 2023.

    Dear Chairmen Pfluger and D'Esposito and Ranking Members Magaziner 
and Carter: Founded in 1974, Brady works across Congress, courts, and 
communities, uniting gun owners and non-gun owners alike, to take 
action, not sides, and end America's gun violence epidemic. Our 
organization today carries the name of Jim and Sarah Brady. As you 
know, Jim was shot and severely injured in the assassination attempt on 
President Ronald Reagan. As victims of gun violence and life-long gun 
owners, Jim and Sarah dedicated the rest of their lives to passing 
Federal legislation requiring background checks for gun sales. Brady 
continues to uphold Jim and Sarah's legacy by uniting Americans from 
coast to coast, red and blue, young and old, liberal and conservative, 
to combat the epidemic of gun violence.
    We are grateful to the committee for holding a hearing on the 
Federal efforts to support law enforcement throughout the country. We 
hope that this hearing will foster important discussions regarding 
Federal policies which affect the safety of the public and the law 
enforcement officers charged with protecting them.
    Such a hearing would be remiss if it did not address perhaps the 
greatest danger to law enforcement officers in America: the flow of 
firearms to the illegal market. As you likely are aware, firearm 
injuries are the leading cause of death among police officers 
feloniously killed in the line of duty, responsible for 84 percent of 
all such deaths in 2021.\1\ Further, analysis has shown that felonious 
officer deaths by firearm have increased by 22 percent in the last 
decade.\2\
---------------------------------------------------------------------------
    \1\ Federal Bureau of Investigations, Law Enforcement Officers 
Killed in the Line of Duty Statistics for 2021, November 9, 2022. 
Available at https://leb.fbi.gov/bulletin-highlights/additional-
highlights/crime-data-law-enforcement-officers-killed-in-the-line-of-
duty-statistics-for-2021.
    \2\ Grace Hauck, A `disturbing trend': More police are dying from 
gun violence today than a decade ago, USA Today, January 11, 2023. 
Available at https://www.usatoday.com/story/news/nation/2023/01/11/
police-officer-deaths-2022-report/11017969002/.
---------------------------------------------------------------------------
    Guns do not simply appear out of thin air into cities like Oakland, 
Baltimore, Chicago, and Washington, DC--all cities with strong gun laws 
and high gun violence homicide rates year over year. Instead, tens of 
thousands of guns are trafficked across State lines every year,\3\ 
often from States with weak laws to States with much stronger laws.\4\ 
Most cities impacted the greatest by gun violence have few, if any, 
Federal firearms licensees (FFLs) within their city limits; rather, 
FFLs that are the sources of crime guns to these places typically sit 
outside the communities in less diverse and more affluent suburbs.
---------------------------------------------------------------------------
    \3\ G. Aisch and J. Keller, How Gun Traffickers Get Around State 
Gun Laws, New York Times: 13 November 2015. Available at https://
www.nytimes.com/interactive/2015/11/12/us/gun-traffickers-smuggling-
state-gun-laws.html.
    \4\ Department of Justice, Data & Statistics: U.S. Firearms Trace 
Data by State, Bureau of Alcohol, Tobacco, Firearms, and Explosives: 
Accessed 12 December 2022. Available at https://www.atf.gov/resource-
center/data-statistics.
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    Crucially, just a small percentage of gun dealers are responsible 
for diverting the overwhelming majority of guns to the criminal market. 
According to the latest available data, about 90 percent of crime guns 
can be traced back to roughly 5 percent of licensed gun dealers.\5\ Gun 
tracing--the method for identifying a gun's sequence of ownership from 
manufacture to first retail sale \6\--is used to link a suspect with a 
firearm in a criminal investigation, to identify potential traffickers, 
and to detect in-State and inter-State patterns in the sources and 
kinds of crime guns. Trace data used to be publicly accessible, pulling 
back the curtain on negligent and unlawful gun dealers, but the Bureau 
of Alcohol, Tobacco, Firearms and Explosives (ATF) has interpreted the 
Tiahrt Amendments as blocking it from releasing that data, shielding 
the industry from scrutiny.\7\ Congress should eliminate this 
impediment to the disclosure of trace data, to ensure transparency and 
provide lawmakers, researchers, and law enforcement agencies with a 
thorough understanding of the flow of illegal guns.
---------------------------------------------------------------------------
    \5\ Department of Treasury, Commerce in Firearms in the United 
States, Bureau of Alcohol, Tobacco, and Firearms: February 2000. 
Available at http://www.joebrower.com/RKBA/RKBA_FILES/GOV_DOCS/
BATF_report_020400.pdf.
    \6\ Department of Justice, National Tracing Center, Bureau of 
Alcohol, Tobacco, Firearms, and Explosives. Accessed 12 December 2022. 
Available at https://www.atf.gov/firearms/national-tracing-center.
    \7\ W. Stachelberg, A. Gerney, and C. Parsons, Blindfolded, and 
with One Hand Tied Behind the Back, Center for American Progress: 19 
March 2013. Available at https://www.americanprogress.org/article/
blindfolded-and-with-one-hand-tied-behind-the-back/.
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    Gun traffickers also obtain firearms through burglary and theft 
from FFLs that lack adequate physical security or recordkeeping. Nearly 
175,000 firearms were reported ``stolen or lost'' by FFLs between 2004 
and 2011,\8\ and burglaries and robberies of FFLs increased 48 percent 
and 175 percent, respectively, between 2012 and 2016.\9\ However, there 
are virtually no Federal security requirements required of gun dealers 
to prevent theft. Congress should impose security requirements for 
licensed gun dealers to prevent the theft and loss of firearms that 
further supply the criminal market and endanger the lives of law 
enforcement officers.
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    \8\ Department of Justice, Review of ATF's Federal Firearms 
Licensee Inspection Program, Evaluation and Inspections Division, 
Office of the Inspector General: April 2013. Available at https://
oig.justice.gov/reports/2013/e1305.pdf.
    \9\ C. Parsons and E. Vargas, Stolen Guns in America: A State by 
State Analysis, Center for American Progress: 25 July 2017. Available 
at https://www.americanprogress.org/article/stolen-guns-america/.
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    While ATF is the only agency with oversight of the gun industry, 
and additionally provides critical crime gun tracing services to 
Federal, State, and local law enforcement, it is woefully under-
resourced. Despite having a goal of inspecting all FFLs every 5 years, 
the agency has consistently fallen well short of that,\10\ inspecting 
only 12 percent to 13 percent of all dealers, pawnshops, and 
manufacturers on average.\11\
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    \10\ DOJ, Review of ATF's Federal Firearms Licensee Inspection 
Program.
    \11\ Department of Justice, Fact Sheet--Facts and Figures for 
Fiscal Year 2021, Bureau of Alcohol, Tobacco, Firearms, and Explosives: 
August 2022. Available at https://www.atf.gov/resource-center/fact-
sheet/fact-sheet-facts-and-figures-fiscal-year-2021.
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    ATF consistently falls short enforcing the law against the gun 
industry, primarily because the gun lobby has tied the agency's hands 
behind its back by denying it funding and hamstringing its leadership. 
Without a fully resourced ATF, the small portion of gun dealers who are 
diverting illegal weapons into communities will continue to go 
unchecked, driving up rates of violence and crime. Congress should 
provide adequate funding for ATF to ensure robust oversight of the 
firearms industry to prevent the illegal diversion of firearms which 
endanger law enforcement officers.
    Brady has represented several law enforcement officers, and their 
families, when they have fallen victim to guns diverted to the illegal 
market due to the negligent and irresponsible behavior of gun industry 
actors. We will continue to work on their behalf, but implore Congress 
to work toward solutions that protect their safety.
            Most Sincerely,
                                           Mark A. Collins,
                                   Director, Federal Policy, Brady.
                                 ______
                                 
 Statement of Giffords Law Center to Prevent Gun Violence Submitted by 
                     Ranking Member Seth Magaziner
                              May 16, 2023
               how weak gun laws endanger law enforcement
    Giffords Law Center to Prevent Gun Violence was formed 30 years ago 
after a mass shooting at a San Francisco law firm and renamed for 
former Congresswoman Gabby Giffords after joining forces with the 
organization she leads. Giffords Law Center fights for laws, policies, 
and programs proven to save lives. We combine deep expertise with 
tenacity and fierce dedication to lasting systemic change, and arm 
advocates, legislators, and the media with the tools they need to 
understand the facts about the gun violence crisis and the solutions 
that will solve it. Giffords Law Center accomplishes this by filing 
amicus briefs in cases challenging lifesaving gun laws, by tracking and 
analyzing firearm legislation around the country, and by developing in-
depth reports on various aspects of our country's gun violence crisis.
    In a little over 1 week, the 1-year mark of the massacre at Robb 
Elementary in Uvalde, Texas, will be upon us. In the last month, 
countless lives have been lost and irrevocably changed by the presence 
of a gun: Less than 2 weeks ago 8 people, including several children, 
lost their lives in Allen, Texas; a few days before that one person 
lost their life and 4 others were injured in Atlanta, Georgia; a few 
days before that 5 people lost their lives, including a 9-year-old in 
Cleveland, Texas; almost a week before that, 9 teenagers were injured 
in Jasper, Texas; and in the span of less than a week, 3 shootings 
involving an innocent mistake by the victims resulted in their 
victimization--mistakenly ringing the wrong doorbell, mistakenly 
pulling into the wrong driveway, mistakenly entering the wrong car. 
This list does not even account for a quarter of the shootings or 
victims of gun violence in the last month.
    This list also does not account for the innumerable law enforcement 
officers who are called to respond to these dangerous situations and so 
many more, putting their lives on the line to save the lives of 
countless individuals, often becoming a victim themselves--physically 
and mentally. In 2021, almost 73 percent of law enforcement officers 
who died from felonious assaults were killed by firearms. This is a 36 
percent increase over the number of officers killed by firearms in 2020 
and the second leading cause of line-of-duty deaths of law enforcement 
officers. One study found that the law enforcement officer homicide 
rate was 3 times higher in States with high firearm ownership compared 
with States with low firearm ownership.\1\
---------------------------------------------------------------------------
    \1\ David I. Swedler, et al., ``Firearm Prevalence and Homicides of 
Law Enforcement Officers in the United States,'' American Journal of 
Public Health 105, no. 10 (October 2015): 2042-2048, doi:10.2105/
AJPH.2015.302749.
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    We cannot allow this violence to continue for the next generation. 
Proposed gun law reforms, many of which have been introduced this 
Congress, would make a difference, not just to keep the public safe but 
to also protect law enforcement. Gun safety laws can reduce the 
quantity of illegal firearms in circulation, make it difficult for 
individuals who are prohibited from possessing guns to possess them, 
and reduce the number of dangerous illegal modification devices 
proliferating in communities. In these ways, they also help prevent and 
reduce the myriad of incidents that lead to law enforcement officer 
firearm-related death and injury. Some of the biggest dangers to law 
enforcement involve firearms in the wrong hands. The life-saving 
proposals described below, which enjoy the support of overwhelming 
numbers of Americans and will protect our law enforcement officers, 
just require action by this legislature.
                            assault weapons
    Besides enabling mass shootings, assault weapons pose a particular 
danger to law enforcement officers. From 2016 to 2018, 1 in 5 law 
enforcement officers were killed in the line of duty by an assault 
weapon. Assault weapons are extremely lethal and law enforcement, when 
faced with assault weapons, are outgunned and under-trained; body armor 
often does not protect them from these lethal weapons.
    Assault weapons are designed to maximize the number of people shot 
in the shortest amount of time. The key feature of assault weapons is 
the ability to accept detachable large-capacity ammunition magazines, 
which are magazines with a capacity of more than 10 rounds of 
ammunition that allow a shooter to keep firing for longer periods of 
time, increasing casualties and reducing victims' ability to escape or 
intervene.
    In July 2016, a gunman ambushed a group of police officers who were 
assigned to a protest in the streets of Dallas, Texas. Five officers 
were shot and killed, and 9 others were injured. The shooter used a 
semi-automatic variant of a Kalashnikov AK-74 rifle to murder these 
police officers. Although the shooter had received military training, 
Federal law still enables anyone to access the kind of rifle he used 
through legal channels. In addition to the rifle, the shooter carried a 
handgun with a high-capacity magazine. Because the shooter and his 
weapons were so dangerous, police initially thought there were multiple 
shooters who ``planned to injure and kill as many law enforcement 
officers as they could,'' and police had to use a bomb attached to a 
remote control bomb disposal robot to stop the shooter.
    This was a targeted attack on law enforcement that then-President 
Barack Obama called a ``vicious, calculated, despicable attack'' and a 
``tremendous tragedy.'' Dallas Police Chief David Brown said that 
police efforts to identify the shooter were complicated by the fact 
that up to 30 civilians were openly carrying rifles during the protest 
and was quoted as saying, ``We're trying as best we can as a law 
enforcement community to make it work so that citizens can express 
their Second Amendment rights. But it's increasingly challenging when 
people have AR-15s slung over their shoulder and they're in a crowd. We 
don't know who the good guy is versus the bad guy when everyone starts 
shooting.''
    That same month (July 2016), in an unrelated incident, a man in 
Baton Rouge, Louisiana, shot 6 police officers, killing 3, with a semi-
automatic assault rifle at a shopping complex near a convenience store 
close to the Baton Rouge Police Department's Headquarters. The weapon 
the shooter used to attack law enforcement was a variant of the weapon 
deemed standard for the Israeli infantry's combat units. The officers 
killed were Deputy Bradford Allen ``Brad'' Garafola, 45, who had been 
with the East Baton Rouge Parish Sheriff's Office since 1992, and had 4 
children; Officer Matthew Lane Gerald, 41, a former Marine who had been 
with the BRPD for 4 months; and Corporal Montrell Lyle Jackson, 32, who 
had been with the BRPD since 2006, and who had a 4-month-old child.
    These two attacks were premeditated ambushes, where the shooter 
chose assault weapons so they could outgun and kill as many police 
officers as possible.
    Congress must do more to restrict access to these deadly weapons. 
We are glad Representative Cicilline introduced H.R. 698, the Assault 
Weapons Ban Act, which would ban the future manufacture and sale of 
assault weapons and large-capacity magazines. We are also glad 
Representative Ivey introduced his bill, H.R. 2870, to prohibit the 
sale of certain semiautomatic centerfire rifles and semiautomatic 
centerfire shotguns to persons under 21.
                        armor-piercing handguns
    Armor-piercing handguns, such as AK-47 pistols, are a kind of 
assault weapon designed specifically to get around the regulation of 
short-barreled rifles in the National Firearms Act. These handguns, 
which fire ammunition traditionally used in rifles, combine those 
weapons' armor-piercing capability with the concealability of a 
handgun. As a result, they can pierce the standard body armor worn by 
police but can be hidden under a coat or cloak. The National Firearms 
Act subjected short-barreled rifles to strict taxation and registration 
requirements to reduce the risk that concealable weapons firing rifle 
ammunition posed to police. But now the gun industry is evading those 
requirements through the development of armor-piercing handguns.
    In February 2019, a 17-year veteran of the Milwaukee Police 
Department and a Marine who served in Iraq, Matthew Rittner was killed 
by an AK-47 pistol while he was executing a search warrant. An autopsy 
revealed that the bullet pierced both lungs and his aorta. Prosecutors 
said the other shots were fired through the door, nearly striking the 
other officers. Bullets were also recovered from a garage door across 
the alley from the home and from a chimney on top of the garage. ``The 
defendant did admit that he knew that AK-47 ammunition was `devastating 
ammunition' and that hitting someone in the chest with that round would 
probably result in that person dying.''
    The Law Enforcement Protection Act, which was introduced by former 
Congresswoman Demings last Congress, would bring armor-piercing 
handguns within the ambit of the National Firearms Act, so they are 
regulated like short-barreled rifles. We urge Congress to take up and 
pass such a bill.
                           stabilizing braces
    Not content to simply evade the law through the development of 
armor-piercing handguns, the gun industry has also designed devices 
known as stabilizing braces to convert these handguns into true short-
barreled rifles. As noted above, these firearms can penetrate the body 
armor commonly worn by law enforcement, meaning that they pose a 
serious threat to the safety of police officers. ATF has recently 
finalized a rule that formally classifies these weapons so that they 
are properly subject to the National Firearms Act's provisions 
regarding short-barreled rifles. However, a House Committee has 
approved a resolution that threatens to rescind that rule, once again 
putting officers in danger. We implore this Congress to vote against 
this resolution, as passage would leave not only the public but also 
law enforcement vulnerable to the threat of these concealable firearms 
that are able to fire with rifle-like accuracy and firepower.
                  trafficking/straw purchased firearms
    Laws against gun trafficking reduce the ways in which people at 
risk of violence can obtain firearms. When people who should not have 
access to firearms are limited in their means for accessing firearms, 
public safety improves and lethal threats toward law enforcement 
decline.
    Gun traffickers take advantage of weaknesses in the law to obtain 
large numbers of difficult-to-trace guns that are often used in crimes 
without undergoing background checks.\2\ Gun trafficking can undermine 
a State's strong gun safety laws,\3\ especially if a neighboring State 
has weaker gun laws. For example, 74 percent of guns used in crimes in 
New York State between 2010 and 2015 originated out-of-State. Nation-
wide, the percentage of out-of-State guns used in crimes was 29 
percent. In addition, straw purchasers often obtain guns from sellers 
who are known to openly collude with gun traffickers or to sell guns 
without asking too many questions.\4\
---------------------------------------------------------------------------
    \2\ Philip J. Cook, et al., ``Some Sources Of Crime Guns In 
Chicago: Dirty Dealers, Straw Purchasers, And Traffickers,'' Journal of 
Criminal Law & Criminology 104, (October 2015): 717-760.
    \3\ Daniel W. Webster, et al. ``Relationship between licensing, 
registration, and other gun sales laws and the source State of crime 
guns,'' Injury Prevention 7: no. 3 (September 2001): 184-189.
    \4\ Garen Wintemute, ``Firearm Retailers' Willingness to 
Participate in an Illegal Gun Purchase,'' Journal of Urban Health 87, 
no. 5 (September 2010): 865-878, doi:10.1007/s11524-010-9489-6.
---------------------------------------------------------------------------
    Straw purchases (in which one person falsely claims to be the gun 
purchaser on behalf of another, who is usually ineligible to purchase 
the firearm) are the most common channel identified in trafficking 
investigations. One man in Indiana completed the proper paperwork to 
purchase a firearm for his friend who lived in Chicago and was 
ineligible to purchase firearms, which the man knew. In August 2021, 
the friend and his brother killed 29-year-old Officer Ella French in 
Chicago, Illinois, and critically wounded her partner using the straw 
purchased firearm. Both men involved in the shooting were prohibited 
from purchasing and possessing firearms because of their criminal 
records. Because of this straw purchase, one cop is dead, and another 
was injured.
    On January 26, 2015, 31 members of the New Hope Police Department, 
their relatives, and city employees were gathered at the New Hope City 
Hall near Minneapolis for a swearing-in and awards ceremony. Officer 
Beau Schoenhard, whose wife and 15-month-old son were nearby, was the 
first officer to notice a man with a shotgun approach the crowd. The 
man lifted the gun and began shooting. The attack landed Schoenhard and 
fellow officer Joshua Eernisse in the hospital, and the man with the 
gun was killed by police. The New Hope Police Chief later said the 
scene resembled ``a war zone.'' The shooter had been formally committed 
to a mental institution twice before and had been found incompetent to 
stand trial for a previous crime. He was nevertheless able to obtain 
the shotgun he used in the shooting and two other shotguns that the 
police later found in his car through an on-line auction. Although he 
was the highest bidder for these guns, the auction house required the 
transactions to be processed at a gun store. He knew that he could not 
pass a background check, so he asked his friend to go to the gun store 
and buy the guns on his behalf (a straw purchase).
    Milwaukee police officer Matthew Rittner was hit by one of four 
shots fired from an AK-47 semi-automatic pistol by a suspected gun 
trafficker in 2019. The charging document says the ``no knock'' warrant 
was obtained through Milwaukee County Court Commissioner J.C. Moore 
after a confidential informant told police that the shooter was 
involved with the straw purchase of 13 to 15 weapons in recent months. 
The complaint paints a picture of the shooter, meanwhile, as someone 
heavily involved in straw purchases of firearms that he and a friend 
later would resell at a profit. The shooter said he assembled rifles 
and sold them at gun shows.
    The Bipartisan Safer Communities Act, enacted in June 2022, created 
new Federal firearms trafficking and straw purchasing laws, providing a 
way to protect law enforcement and the public from illegal guns. Proper 
utilization of this law, however, requires unprecedented cooperation 
and effort by Federal, State, and local law enforcement agencies. 
Department of Justice (DOJ) and Congressional leaders must continue to 
provide a way forward to ensure that gun traffickers are held 
accountable.
                     preventable community violence
    In many of the Nation's most disadvantaged, low-income 
neighborhoods, gun violence is a tragic fact of everyday life, 
including for the law enforcement officers who work or live in those 
communities. However, when there is investment in community violence 
intervention (CVI) programs, everyone is safer. Fewer shootings and 
homicides lead to increased public safety for all members of the 
community, including law enforcement officers who have to respond to 
violent incidents.
    Community violence is defined by the CDC as violence between 
``unrelated individuals, who may or may not know each other, generally 
outside the home.'' This includes homicides, shootings, stabbings, and 
physical assaults. Community violence is highly concentrated 
geographically and disproportionately impacts communities of color. 
Seventy-four percent of gun homicide victims in the United States are 
Black or Latinx, despite being 31 percent of the U.S. population. In 
2020, more than 24,500 Americans lost their lives to homicide--nearly 
80 percent of which were committed with a firearm--and tens of 
thousands more were injured severely enough to require hospitalization. 
American rates of community violence are many times higher than other 
developed nations.
    Despite the severity of this crisis, we know that significant 
reductions in community violence are possible with the implementation 
of holistic, public health-informed strategies focused on addressing 
the root causes of violence. In any given city, a small number of high-
risk individuals commit the majority of acts of community violence. 
Evidence-based community violence intervention and prevention programs 
identify and effectively intervene with this population, interrupting 
cycles of violence and retaliation, and have been proven to be highly 
effective at reducing rates of community violence:
   Hospital-Based Violence Intervention Programs address the 
        fact that experiencing violence is a significant risk factor 
        for future exposure to violence.
   Street Outreach and Violence Interruption are proactive 
        approaches that employ trained outreach workers to identify and 
        mediate conflicts in their community.
   Group Violence Intervention calls for a local partnership of 
        law enforcement, service providers, and community members to 
        work together to identify potential offenders and bring them 
        together to intervene with a message that the violence must 
        stop.
    Since 2007, Richmond, California, has invested in CVI efforts, 
including through the Advance Peace model and a hospital-based violence 
intervention program. The city saw a 70 percent reduction in homicides 
and shootings between 2007 and 2019.
    Too many police officers have died as a result of community 
violence. Community violence intervention programs could have prevented 
these deaths and other shootings of law enforcement officers. For 
example, in October 2021, a DEA agent was killed and two other officers 
were injured during what was supposed to be a routine check for illegal 
money, weapons, and drugs on an Amtrak train when a man began firing a 
handgun as officers were detaining another man. The shooter had a 
lengthy criminal history. In October 2021, a 14-year-old boy shot a Los 
Angeles police officer with a ghost gun. The boy had ties to a local 
gang that was producing ghost guns. In March 2022, two Chicago police 
officers were shot when a gunman accidentally dropped his firearm in 
front of them while waiting in line to get food and then picked up the 
firearm and started shooting the officer in line behind him and an 
officer waiting in their squad car. In July 2016, a man shot at 4 
Baltimore police officers after they arrived at an apartment complex 
from which they'd heard shots fired. The shooter had an extensive 
criminal history.
    Last Congress, Representative Horsford introduced his bill, H.R. 
4118, the Break the Cycle of Violence Act, which would authorize 
community-based violence intervention programs, like those previously 
discussed. Congress should take up and pass this important bill.
                           pensacola loophole
    In December 2019, an aviation student from Saudi Arabia killed 3 
U.S. Navy sailors and injured 8 others in a terrorist attack 
facilitated by one the most egregious loopholes in our gun laws. The 3 
victims who died from their injuries were a 19-year-old airman from St. 
Petersburg, Florida; a 23-year-old ensign and recent graduate of the 
United States Naval Academy from Coffee, Alabama; and a 21-year-old 
airman apprentice from Richmond Hill, Georgia.
    While foreign nationals, including individuals admitted under 
nonimmigrant visas, are generally prohibited from purchasing or 
possessing guns, it is far too easy for a person with bad intentions to 
get around this law by obtaining a hunting license from a State. Many 
States issue hunting licenses liberally, without any serious 
investigation about the person. This is how the Pensacola shooter 
obtained a firearm.
    Federal law should ensure that ATF (or whoever the Attorney General 
chooses to fulfill this role) has approved a foreign national to obtain 
or possess a gun before he or she can do so. That way, dangerous people 
cannot once again take advantage of this loophole. Specifically, 
Federal law should require a foreign national who has been admitted to 
the United States under a nonimmigrant visa to obtain a waiver from the 
Attorney General before purchasing and possessing a firearm. This 
waiver should only be available if the person has resided in the United 
States for 180 days, has approval from the person's embassy or 
consulate, and the Attorney General finds it would not jeopardize 
public safety and is in the interests of justice.
    Notably, the background check system contains criminal history 
information from all 50 States, but does not include data from foreign 
countries, so foreign nationals with extensive criminal backgrounds 
might be approved by the system. Federal law should therefore give DOJ 
the opportunity to do a more thorough assessment before the individual 
purchases a firearm.
    In the 117th Congress, former Representative Crist introduced his 
bill, H.R. 2971, the Foreign National Firearms Background Check 
Enhancement Act, which would close this loophole by ensuring a foreign 
national obtains a waiver from the Attorney General before purchasing a 
gun.
                              safe storage
    Too often, firearms that are not stored safely end up in the hands 
of people who are not legally eligible to possess them (because of age, 
criminal history, or for another reason). Whether a child or other 
unauthorized individual gains access to a firearm or a firearm is 
stolen from a home or car, that firearm is a threat to law enforcement. 
Eliminating a person's ability to gain unauthorized access to firearms 
decreases the danger to law enforcement and the whole community.
    For example, in January 2022, a man used a stolen gun to murder two 
New York City police officers. The firearm was stolen from a woman's 
safe in Baltimore in 2017 allegedly by her 13-year-old son who then 
sold the firearm. Whether the two officers would've been murdered if 
the firearm was stored and inaccessible to the 13-year-old is unknown, 
but that firearm would likely not have been the one used in the 
murders. And, in February 2013, a man used an unsecured gun stolen from 
a vehicle earlier in the month to kill a retired ATF special agent.
    Safe storage laws promote responsible gun ownership by requiring 
gun owners to store their firearms securely. These laws can reduce gun 
suicides, unintentional shootings, and gun theft.
    Gun owners who do not store their firearms securely are at greater 
risk of having their firearms stolen and diverted into underground 
firearms markets and used in crime.\5\ Annually, roughly 380,000 guns 
are stolen from individual gun owners each year, with the majority of 
stolen firearms recovered by police between 2010 and 2016 being 
recovered in connection with crimes.
---------------------------------------------------------------------------
    \5\ David Hemenway, et al., ``Whose guns are stolen? The 
epidemiology of Gun theft victims,'' Injury Epidemiology 4, no. 11 
(December 2017), doi:10.1186/s40621-017-0109-8.
---------------------------------------------------------------------------
    We are grateful to Representative DeLauro for reintroducing her 
bill this Congress, H.R. 660, Ethan's Law, which would incentivize 
States to pass child access prevention laws and require gun owners to 
safely store firearms in their home.
                    accessories/modification devices
    The gun industry has developed a wide variety of devices that 
increase the rate of fire of semiautomatic firearms, often causing them 
to approximate the speed of fire of a machine gun. Sometimes these 
devices do, in fact, convert these weapons into machine guns; in these 
cases, these devices are already illegal but too easy for criminals to 
obtain. All of these devices increase the danger to law enforcement 
officers.
    More than 200 California police officers were present at the Las 
Vegas mass shooting where bump stocks were used. ATF has now amended 
its regulations to include bump stocks within the definition of 
``machine gun,'' making these devices illegal, although the ban on 
these weapons is still subject to court challenge and other similar 
devices are still available.
    ``Auto sears,'' also known as switches, are accessories that 
convert semiautomatic firearms into fully automatic machine guns. 
Regulating auto sears and similar modification devices that turn lethal 
weapons even more destructive helps ensure law enforcement is not 
placed at extreme risk. A risk that is insurmountable in some cases.
    Auto sears are becoming more prevalent in cities around the country 
and law enforcement are finding increasing numbers of auto sears at 
crime scenes. In 2021, ATF seized 1,500 weapons modified with auto 
sears, 1,200 more than were recovered in 2020. In Houston, Texas, an 
auto sear was used on a handgun to kill senior police officer William 
``Bill'' Jeffrey and injure another officer. The officers were 
executing an arrest warrant at the time. Soon after the apartment door 
opened, rapid gunfire came at them from inside the apartment.
    Too often auto sears are smuggled into the country or produced at 
home. As a result, auto sears are an accessible modification device 
available to the masses at an inexpensive price. Anyone can illegally 
purchase an auto sear on-line, without a background check, for less 
than $20. And installation of an auto sear can take seconds, not 
requiring special tools or skills. Like ghost guns, which auto sears 
are also being used in combination with, auto sears can be created 
using a 3D printer.
    Auto sears inflict severe damage and are technically illegal 
because on their own they are considered a machine gun. Criminal gangs 
view auto sears as an advantageous new accessory, especially when 
joined with high-capacity magazines, because they can inflict 
incredible damage and intimidate enemies.
    Representative Spanberger introduced her bill this Congress, H.R. 
2909, Preventing Illegal Weapons Trafficking Act, which would require 
Federal law enforcement to coordinate efforts to prevent the 
importation and trafficking of conversion devices. Representative Titus 
also introduced her bill, H.R. 396, Closing the Bump Stock Loophole 
Act, which would explicitly add bump stock to the list of firearms 
subject to regulation under the National Firearms Act and under the Gun 
Control Act of 1968. These are common-sense steps to protecting the 
lives of law enforcement officers this Congress must act on.
                               ghost guns
    Ghost guns are untraceable, ``do-it-yourself'' firearms 
manufactured in the home. When gun parts are easily accessible, these 
firearms can be assembled by unlicensed persons, obtained without a 
background check, lack serial numbers, and are therefore untraceable by 
law enforcement if used in a crime. The alarming proliferation of these 
weapons is a threat to public safety, including law enforcement. Ghost 
guns evade all the regulations which apply to the regulated firearms 
industry and are thus an attractive option for firearm traffickers and 
people who would otherwise be unable to pass a background check and 
purchase a firearm, and they have been appearing more frequently in 
crime. Ghost guns are also an attractive option for people interested 
in illegal guns, like assault weapons in the 9 States that ban them.
    Ghost guns have been used to target law enforcement. In 2021, a man 
used a ghost gun to shoot at a United States Secret Service agent and 3 
security guards. United State Park Police officers responded to the 
scene where law enforcement recovered three 9mm ammunition shell 
casings and located a bullet fragment within a wall. The shooter was 
prohibited from possessing firearms because of a felony record but was 
able to use the gaps in our laws to obtain an unserialized, untraceable 
firearm. In Los Angeles, a 14-year-old boy was arrested after shooting 
at a detective with a ghost gun. He was tied to a local gang that was 
producing ghost guns. Even though the boy was ineligible to possess 
firearms because of his age, he had access to ghost guns that were 
allegedly being produced using various tools, including a 3D printer 
and a drill press. In 2019, gunmen firing assault-type ghost guns 
fatally shot law enforcement officers in an ambush attack in Sacramento 
and a deadly shoot-out in Riverside, California. The shooters in these 
incidents would have been unable to purchase a serialized gun, either 
because the gun they used was illegal in that State or because the 
shooters were prohibited from purchasing guns.
    On April 11, 2022, President Biden announced the finalization of 
the ``ghost gun'' rule that will define the unfinished parts used to 
make ghost guns as firearms, which means that those who sell them will 
have to be licensed, will have to serialize them and retain records, 
and will have to conduct a background check before every sale, closing 
a major loophole on how firearms enter civilian hands without any 
oversight. This rule will help make it more difficult for people 
prohibited from purchasing firearms or interested in illegal firearms 
to access a firearm, potentially decreasing some interactions law 
enforcement will have in these dangerous situations. Ghost guns, 
however, still litter our streets with nearly 24,000 ghost guns 
recovered at crime scenes between 2016 and 2020.
    Comprehensive legislation such as Representative Cicilline's 
Untraceable Firearms Act, H.R. 3088, which he introduced last Congress, 
would address this problem. Congress must act on this legislation to 
ensure that all firearms carry a serial number that makes them 
traceable by law enforcement and that 3D printing technology is not 
used to create firearms that end up in the hands of people prohibited 
from possessing them.
                            pretrial release
    A loophole in current law enables people to pass a National Instant 
Criminal Background Check System (NICS) background check even when they 
are prohibited from possessing guns by a pretrial release court order. 
Due to this loophole, State, local, and Tribal authorities are unable 
to rely on the background check system to enforce the pretrial 
condition of persons who were specifically ordered by a court not to 
purchase firearms. In fact, January 6th defendant Thomas Robertson was 
able to purchase 34 guns despite a release order that barred him from 
possessing firearms.
    While bail reform is controversial, we can all agree that too many 
police officers have been shot or killed by people who were out on 
bail. The issue of whether a defendant subject to an explicit court 
order not to possess guns can pass a background check to buy a gun is 
simple. Last session, former Representative Carolyn Maloney introduced 
the Preventing Pretrial Gun Purchases Act, H.R. 6717, which would close 
this loophole, enabling the background check system to deny guns to a 
person subject to a condition of release of this kind.
                           domestic violence
    Domestic violence calls are some of the most dangerous for police 
officers. In December 2021, 4 people were killed in Georgia, including 
a police officer, after officers responded to a domestic disturbance 
call in Clayton County. When officers arrived, they encountered an 
armed man who shot and killed Officer Henry Laxson and wounded another 
officer, according to the Georgia Bureau of Investigation.
    Just a few weeks before, Jackson County Deputy Lena Nicole Marshall 
was also shot responding to a separate domestic violence 9-1-1 call. 
She died from her wounds 3 days later. Authorities say deputies were 
called to Highway 124 West for a domestic incident. One deputy was shot 
after arriving at the location. Other deputies, authorities say, 
returned fire eventually striking and killing the alleged suspect. The 
Georgia Bureau of Investigation said the homeowners sought to remove a 
woman from their home who didn't live there. The sheriff's office said 
when deputies arrived, the woman pulled out a gun, fired at the 
deputies and struck Marshall. The second deputy returned fire and 
killed the shooter, the sheriff's office said. The shooter had been in 
a custody dispute with her ex-husband, who cited her erratic behavior 
and said she had not enrolled the children in school. The shooter had 
also previously voiced hatred toward local judges and law enforcement 
officers.
    While Federal law prohibits certain domestic abusers from 
possessing guns, those laws have been hard to implement, and many 
abusers continue to possess guns even though they have been convicted 
of domestic abuse or become subject to a restraining order, losing 
their eligibility to possess guns legally. Requiring people subject to 
domestic violence-related protective orders to provide proof that they 
actually relinquished their firearms (relinquishment laws) is one way 
States have acted to implement the Federal gun laws. These State laws 
are linked to a 16 percent reduction in intimate partner gun homicides. 
They also protect police who must often respond to domestic violence 
situations by removing the presence of a gun. That is why it is 
imperative that this Congress provide funding to State efforts to 
remove guns from domestic abusers who are prohibited from possessing 
them, as called for in Representative Jackson-Lee's Lori Jackson-
Nicolette Elias Domestic Violence Survivor Protection Act.
  the threat of armed far-right extremists to law enforcement officers
    In recent years, extremist groups have become emboldened to expand 
beyond their private meetings, chat rooms, and message boards, 
recruiting new members through mainstream social media and gathering 
openly in public. This upswell of hateful ideology has also been 
accompanied by an escalation of public intimidation with firearms.
    Law enforcement officers are not immune to the violence of armed 
far-right extremists. In fact, far-right extremists' anti-Government 
and anti-law enforcement ideologies place them at odds with law 
enforcement, which shows up in the purposeful targeting of law 
enforcement for ideologically-motivated violence and when there are 
opportunities to commit violence against law enforcement while law 
enforcement officers conduct routine activities (e.g., during patrol).
    Far-right extremists also find themselves at odds with law 
enforcement where law enforcement officers must respond to the criminal 
activities of extremists.
    One study of the sovereign citizens movement, a movement within the 
right-wing anti-Government extremist movement, found that, in the 75 
instances in which sovereign citizens attempted or did harm law 
enforcement officers between 1983 and 2020, 27 law enforcement officers 
were killed, and 65 officers were injured. Of those officers killed, 30 
percent died during traffic stops, 30 percent died during ambushes, 22 
percent died during stand-off situations, 15 percent died during 
routine check or serving a warrant, and 3 percent died in a gun battle 
in a store parking lot.\6\
---------------------------------------------------------------------------
    \6\ Christine M. Sarteschi, ``Sovereign citizens: A narrative 
review with implications of violence toward law enforcement,'' 
Aggression and Violent Behavior 60, (September 2021), doi:10.1016/
j.avb.2020.101509.
---------------------------------------------------------------------------
    In the last few years, amid COVID-19 pandemic restrictions, law 
enforcement officers have been attacked by far-right extremists. Fueled 
by anger about pandemic restrictions, a Federal protection officer was 
shot and killed by two members of the anti-Government boogaloo movement 
and later a sheriff's deputy was killed while attempting to arrest one 
of the suspects.
    The January 6 insurrection demonstrated for the world the steps 
these far-right extremists will take. The violent riot and breach on 
the U.S. Capitol, guarded by law enforcement, contributed to the death 
of multiple law enforcement officers and the injury--physical and 
mental--to countless officers.
    Last session Representative Schneider introduced his bill, H.R. 
350, the Domestic Terrorism Prevention Act, which would help ensure 
that existing laws are enforced against domestic terrorists and white 
supremacists and improve law enforcement efforts to intercede in these 
situations before they become even more violent. Given the easy access 
to firearms in this country, it is imperative that Congress take action 
to reduce the danger posed by armed extremists.
                               conclusion
    Law enforcement officers are placed in dangerous situations on a 
daily basis. One way to protect these officers is to strengthen our gun 
laws, so that our officers, who we depend on to protect us, are able to 
do so. The only thing standing in the way of progress on gun safety is 
the lack of political will. We urge Congress to find the courage to 
strengthen these laws, to show leadership on this life-and-death issue, 
and to act, now.
    Our gun violence crisis is a uniquely American problem. It's a 
problem that plagues our country in countless different ways and exacts 
a devastating toll on our communities, including our law enforcement 
officers. But it's a problem with solutions. While one single law will 
never stop all gun violence, we know strong gun laws save lives. We 
know that taking proven steps to decrease the danger law enforcement is 
forced to face daily is not a partisan issue, or at least it shouldn't 
be.
    We have seen progress in recent years, particularly with the 
passing of the Bipartisan Safer Communities Act last Congress. That 
progress must be the expectation, not the exception. So today, we ask 
all Members of this committee and Congress as a whole to recommit 
themselves to making progress and taking action to reduce gun violence 
in this country and in turn aiding in law enforcement's ability to 
carry out their mission and ensure the safety of our communities.

    Chairman Pfluger. I would now like to recognize the 
Chairman for the Subcommittee on Emergency Management and 
Technology, the gentleman from New York, Mr. D'Esposito. Before 
he speaks, know that he is also a former detective for the New 
York Police Department and has also spent time being willing to 
sacrifice his own, his own life for the betterment of his 
community. Mr. D'Esposito.
    Chairman D'Esposito. Thank you, Mr. Chairman, and good 
morning, everyone. I want to first, on this Police Week, I want 
to thank you for your service and your commitment to keeping 
this Nation and our community safe. I want to thank Chairman 
Pfluger, Ranking Member Magaziner, and Ranking Member Carter 
for joining me to convene this hearing today, where we will 
examine the critically important topic of the state of crime in 
the United States of America and the Federal Government's role 
in supporting State and local law enforcement efforts 
throughout the country.
    As we mentioned, it is Police Week. I do want to thank our 
Nation's police officers for putting their lives on the line 
each and every day to protect our neighborhoods and keep our 
families safe. As a retired New York City Police Department 
detective, I know first-hand how challenging a career in law 
enforcement can be. Regardless of the risk, police officers 
show up every day to put the needs of their communities first. 
They truly stand the line between good and evil.
    To our police officers and law enforcement serving 
throughout the Nation, thank you for your bravery and for your 
service. We commend all of you for your unwavering commitment 
to keeping us all safe. To those who we have honored over the 
last few days in the line of duty, we honor you. When we all 
take an oath to protect and serve, we also make a promise in 
our hearts to never forget. I promise that I will do everything 
in my power to make sure that we never forget them.
    As we will hear in your testimonies, the challenges facing 
our law enforcement community are increasingly complex and 
every day seem to evolve. Americans can't turn on the news 
without hearing stories of carjackings, robberies, increased 
acts of senseless violence across this country, not to mention 
the continued threat of terrorism. The sad fact is, many 
Americans no longer feel safe in their communities. As Members 
of the Homeland Security Committee, we must ensure that our 
Nation's law enforcement personnel have the resources and 
necessary tools to keep our communities safe and protect this 
great homeland. That is why we are dedicating this time to 
evaluate how the Federal Government can continue to support our 
State and local agencies.
    The Federal Emergency Management Agency, or FEMA, suite of 
preparedness grants assist State, local, Tribal, and 
territorial governments to prepare for, protect against, 
respond to, and recover from terrorist attacks, major 
disasters, and other emergencies. From lessons learned after 
the terrorist attacks of September 11, these grant programs 
provide local law enforcement with the vital training and 
equipment they need to prepare for new challenges as they arise 
in our communities. In fact, over the last 10 years, the New 
York City urban area has received over $2 billion in grant 
funding to prevent, prepare for, and protect against terrorist 
attacks in New York City.
    My home State has benefited immensely from the Urban Area 
Security Initiative, the State Homeland Security Grant Program, 
and the Transportation Security Grant Program, to only name a 
few. For example, Federal grant funding supports the 
Counterterrorism Officer Program that provides NYPD patrol 
officers with specialized counterterrorism training to enable 
officers to conduct counterterrorism operations at specific 
intelligence-driven locations throughout the city. Grant funds 
have been used to purchase concrete barriers to save 
pedestrians and cyclists from vehicular terrorism, a necessary 
tool following the 2017 vehicle ramming in Lower Manhattan. 
Grant funds have supported the Vapor Wake Detection Canine 
Program, which trains canines to trail explosive or chemical 
odors.
    With New York remaining a top terror target, the importance 
of grant funding, not only in New York City, but throughout 
this country, is paramount. As the Chairman of the Emergency 
Management and Technology Subcommittee, I will continue to 
advocate for robust investment in these security grant 
programs. However, when examining these grant programs, it is 
also important to ensure that smaller or more rural enforcement 
agencies across the country have the resources that they need 
to adapt to the changing threat landscape in their respective 
States.
    In the past decade, the threats against our homeland have 
changed. Domestic and small-scale acts of terrorism now 
threaten our communities, and hate-filled attacks have become 
more frequent. According to a recent FBI report, hate crime 
incidents increased by 11.6 percent in 2021 from 8,210 
incidents in 2020 to over 9,000 in 2021. More than half of all 
religious hate crimes were motivated by antisemitism, further 
highlighting the importance of the nonprofit Security Grant 
Program, which provides our faith-based communities with the 
means to harden their defenses, acquire security equipment, and 
provide training to better safeguard their congregants.
    The rise in crime across the country points to the 
importance of FEMA's preparedness grant programs and the need 
for strengthening local law enforcement efforts, many 
departments like you represent. Today, the national homicide 
rate is 34 percent higher than it was in 2019. Major crimes in 
New York rose by 22 percent in 2022. Burglaries and robberies 
increased by 37 percent. However, instead of supporting law 
enforcement, we have heard calls for slashing police budgets 
and defunding police, which have promoted soft-on-crime 
policies that allow repeat offenders to roam the streets.
    At a time when crime is increasing, we should be 
strengthening law enforcement, not making our communities more 
vulnerable. I want to take a minute to focus on New York, where 
Democrats impose cashless bail in criminal justice reform. As 
someone who has lived and seen the criminal justice system at 
work, I understand all well that reforms do need to be made. 
But those reforms can't be done with a broad brush. They also 
can't be done without having conversations with people from law 
enforcement. We have seen that now in places like New York, 
criminals are free to roam the streets and once again commit 
more crimes after committing their first.
    We want to talk about gun violence, we should focus on gun 
violence and removing illegal guns off the street first. That 
is where our focus should be. Our focus should be on providing 
law enforcement with the resources that they need to take 
illegal firearms off the street. It is interesting when we hear 
individuals talk about gun violence and talk about different 
weapons used, kind of weapon, or know the difference between 
weapons, but they do know that it looks, ``scary.'' But what is 
scary is being in the middle of a street in some of the most 
violent neighborhoods in the communities that you represent, or 
the ones that I used to patrol, and actually wrestling an 
illegal gun off the street with your life in your hands.
    So, instead of focusing on where we are failing, we should 
focus and make sure that rogue DAs throughout this country who 
like to rewrite laws are actually putting bad people behind 
bars. Every day our Nation's police officers are on the front 
lines, responding to threats against our homeland. They are our 
heroes. Right now, they need our support. Whether they serve in 
big cities like Los Angeles or where I came from in the NYPD, 
or in smaller towns like Island Park, where I grew up, or 
Nassau County, or where you represent, we owe law enforcement 
community a huge debt of gratitude.
    I also want to talk about accountability, because it's a 
two-way street, and we must hold our police departments to a 
higher standard. Small and mid-size departments need to be 
targeted investments to address on-going challenges with 
recruitment, retention, and PTSD. We must ensure that police 
departments across this country, no matter how large or how 
small, are working effectively to serve the people. It is our 
job to make sure that they have the resources they need to do 
that.
    I want to thank you for upholding the rule of law and thank 
you for putting yourselves in harm's way to protect our 
freedom. I have mentioned it throughout this week that Police 
Week always makes me reflect back on the inscription at the 
memorial. Right under the lion it says, it is not how these 
individuals died that made them heroes, it is how they lived. 
So, let's make sure that we can do all we can to give the 
resources to the men and women that live every day protecting 
and serving. I look forward to hearing from our witnesses today 
to learn how we can strengthen local law enforcement efforts. 
Now more than ever, we must work together to protect our 
homeland. I think you would all agree with me that the 
thousands upon thousands of 9-1-1 calls we have responded to, 
there has never once been a question asked whether you are a 
Democrat or Republican. So, let's work together, not as parties 
in politics, but as Americans, to keep this great Nation safe. 
Mr. Chairman, thank you. I yield back.
    [The statement of Chairman D'Esposito follows:]
                Statement of Chairman Anthony D'Esposito
                              May 16, 2023
    I would like to thank Chairman Pfluger, Ranking Member Magaziner, 
and Ranking Member Carter for joining me to convene this hearing today 
where we will examine the critically important topic of the state of 
crime in the United States and the Federal Government's role in 
supporting State and local law enforcement efforts throughout the 
country.
    In honor of National Police Week, I first want to thank our 
Nation's police officers for putting their lives on the line every day 
to protect our neighborhoods and keep our families safe. As a former 
NYPD detective, I know first-hand how challenging a career in law 
enforcement can be. Regardless of the risk, police officers show up 
every day to put the needs of their community first.
    To our police officers and law enforcement serving throughout the 
Nation, thank you for your bravery and your service. We commend you for 
your unwavering commitment to keeping us all safe. And to those who 
lost their lives in the line of duty, we honor you and we will never 
forget the sacrifice you made. To our witnesses, thank you for your 
participation today in this important hearing. We look forward to 
hearing from each of you.
    As we will hear in your testimonies, the challenges facing our law 
enforcement community are increasingly complex and ever-evolving. 
Americans can't turn on the news without hearing stories of 
carjackings, robberies, and increased acts of senseless violence across 
the Nation, not to mention the continued threat of terrorism. The sad 
fact is, many Americans no longer feel safe in their communities.
    As Members of the Homeland Security Committee, we must ensure that 
our Nation's law enforcement personnel have the resources and necessary 
tools to keep our communities safe and to protect our homeland. That is 
why we are dedicating this time to evaluate how the Federal Government 
can continue to support our State and local law enforcement.
    The Federal Emergency Management Agency's (FEMA) suite of 
preparedness grants assist State, local, Tribal, and territorial 
governments to prepare for, protect against, respond to, and recover 
from terrorist attacks, major disasters, and other emergencies.
    From lessons learned after the terrorist attacks of 9/11, these 
grant programs provide local law enforcement with the vital training 
and equipment they need to prepare for new challenges as they arise in 
their communities.
    In fact, over the past 10 years, the New York City Urban Area has 
received over $2 billion in grant funding to prevent, prepare for, and 
protect against terrorist attacks in the city.\1\ My home State has 
benefited immensely from the Urban Area Security Initiative, the State 
Homeland Security Grant Program, and the Transportation Security Grant 
Program--to name only a few. For example, Federal grant funding 
supports the Counterterrorism Officer Program that provides NYPD patrol 
officers with specialized counterterrorism training to enable officers 
to conduct counterterrorism operations at specific intelligence-driven 
locations throughout the city. Grant funds have been used to purchased 
concrete barriers to save pedestrians and cyclists from vehicular 
terrorism--a necessary tool following the 2017 vehicle ramming in lower 
Manhattan.\2\ And grant funds have supported the Vapor Wake Detection 
Canine Program, which trains canines to trail explosive or chemical 
odors.\3\ With New York remaining a top terror target, the importance 
of grant funding cannot be overstated.
---------------------------------------------------------------------------
    \1\ ``Preparedness Grant Effectiveness Case Study: New York City.'' 
FEMA. March 2021. https://www.fema.gov/sites/default/files/documents/
fema_nyc-case-study_2019.pdf.
    \2\ Id.
    \3\ Id.
---------------------------------------------------------------------------
    As the Chairman of the Emergency Management and Technology 
Subcommittee, I will continue to advocate for robust investment in 
these security grant programs. However, when examining these grant 
programs, it is also important to ensure that smaller, or more rural 
law enforcement agencies across the country have the resources they 
need to adapt to the changing threat landscape in their respective 
States.
    In the past decade, the threats against our homeland have changed; 
domestic and smaller-scale acts of terrorism now threaten our 
communities, and hate-filled attacks have become more frequent. 
According to a recent FBI report, hate crime incidents increased by 
11.6 percent in 2021--from 8,210 incidents in 2020 to 9,065 in 2021. 
More than half of all religious hate crimes were motivated by 
antisemitism, further highlighting the importance of the Non-profit 
Security Grant Program, which provides our faith-based communities with 
the means to harden their defenses, acquire security equipment, and 
provide training to better safeguard their congregants.\4\ \5\
---------------------------------------------------------------------------
    \4\ ``FBI Releases Supplement to the 2021 Hate Crime Statistics.'' 
U.S. Department of Justice. https://www.justice.gov/crs/highlights/
2021-hate-crime-statistics.
    \5\ Krystina Shveda. ``U.S. antisemitic incidents at highest level 
since group started recording them in 1970's.'' ABC 7 New York. March 
23, 2023. https://abc7ny.com/antisemitic-incidents-rising-jewish-
americans/12999377/, https://abc7ny.com/anti-defamation-league-
antisemitism-antisemitic-incidents-new-york/12999468/.
---------------------------------------------------------------------------
    The rise in crime across the country points to the importance of 
FEMA's preparedness grant programs and the need for strengthening local 
law enforcement efforts. Today, the national homicide rate is 34 
percent higher than it was in 2019.\6\ Major crimes in New York rose by 
22 percent in 2022. Burglaries and robberies increased by 37 
percent.\7\ However, instead of supporting law enforcement, calls for 
slashing police budgets and defunding the police have promoted soft-on-
crime policies that allow repeat offenders to roam the streets. At a 
time when crime is increasing, we should be strengthening our law 
enforcement, not making our communities more vulnerable.
---------------------------------------------------------------------------
    \6\ Major Cities Chiefs Association, Violent Crime Survey--National 
Totals Year End Comparison, 2022, https://majorcitieschiefs.com/wp-
content/uploads/2023/02/MCCA-Violent-Crime-Report-2022-and-2021-Year-
End.pdf.
    \7\ Chelsia Rose Marcius and Ed Shanahan, Major Crimes Rose 22 
Percent in New York City, Even as Shootings Fell, New York Times 
(January 5, 2023).
---------------------------------------------------------------------------
    However, accountability is a two-way-street, and we must also hold 
our police departments to a higher standard. Small and mid-size police 
departments need targeted investments to address on-going challenges 
with recruitment, retention, and PTSD burn-out. We must ensure that 
police departments across the country are working effectively to serve 
the people they swore to protect.
    Every day, our Nation's police officers are on the front lines, 
responding to threats against our homeland. They are our heroes; and 
right now, they need our support. Whether they serve in big cities like 
Los Angeles or New York, or in smaller towns like my hometown of Island 
Park, we owe our law enforcement community a huge debt of gratitude.
    Thank you for upholding the rule of law. Thank you for putting 
yourselves in harm's way to protect our freedom.
    I look forward to hearing from our witnesses today to learn how we 
can strengthen local law enforcment efforts. Now more than ever, we 
must work together to protect our homeland.
    And with that, I yield back.

    Chairman Pfluger. Thank you, Chairman D'Esposito. I now 
recognize the Ranking Member for the Subcommittee on Emergency 
Management and Technology, the gentleman from Louisiana, Mr. 
Carter, for his opening statement.
    Mr. Carter. Thank you, Mr. Chairman, and Ranking Members, 
and to our guests, thank you for being here. We look forward to 
hearing your testimony.
    I want to take a moment to reflect on the tragic shootings 
in Allen, Texas. My condolences go out to the families of the 
victims. The video that circulated of this man jumping out of 
an SUV, wielding an AR-15, and wearing a tactical vest as he 
mercilessly killed people until an officer who just happened to 
be at the mall took him out. It was horrible. But the video is 
a visual testimony. It is testimony of the depravity of weak 
gun laws in our country. It is a testimony to the risk of our 
communities and our police officers face because Republicans 
refuse to pass meaningful gun violence prevention laws.
    Many of you know that I am a gun owner and an avid hunter. 
But I am a responsible gun owner who firmly believes in 
stronger gun laws, one who believes in the Second Amendment, 
but also recognizes that we can do better in making sure that 
we are protecting our communities without infringing upon one's 
Constitutional right to bear arms. Weak gun laws are killing 
our children. They are killing our parents, our grandparents. 
These are not Black or white, Republican or Democrat, rich or 
poor. They are Americans. They are people. They are human 
beings. They deserve better. We, as a committee and as a 
Congress, have a responsibility to do better. As my colleague 
said moments ago, it is not Republican or Democrat, and we 
should be able to come together. But heretofore we have not, 
and we have got to do better.
    I am hopeful through the testimony today that we are able 
to keep it in focus of why we are here and what our true task 
is. Not to over-politicize, not to self-aggrandize, not to 
create theater, but to create policy that will save lives. I am 
glad that we are holding this hearing and protecting the 
homeland and supporting law enforcement because we want to talk 
about protecting the homeland, and supporting law enforcement, 
we must talk about weapons of war that are on our streets and 
making our homeland less safe and putting law enforcement in 
the line of fire.
    Over the years, we have seen dramatic increases in gun 
violence against civilians and law enforcement. My district has 
struggled with gun violence in New Orleans, accounting for 
nearly 5 percent of all mass shootings across the country this 
year, far outpacing any other city in the country. Gun violence 
isn't isolated to one space. We have seen gun violence in our 
schools, malls, houses of worship, and public areas. Our 
country has a problem.
    We need strong, common-sense gun law in every State, not 
only to protect children, but also to protect you, our law 
enforcement. Officers often find themselves in dangerous 
situations while performing their duties. In States with weak 
gun regulations, the dangers officers face is substantially 
greater. To the Gifford's Law Center, which grades States based 
on the strength of their gun laws, States that receive an F in 
their gun laws saw higher rates of police fatalities from 2017 
to 2021. These are real statistics. These are real numbers. 
These are real lives. These are real people.
    The virtually unregulated guns circulating in our 
communities are threats to homeland security and to law 
enforcement lives. The data is clear. In 2021, almost 73 
percent of law enforcement officers who died from felonious 
assaults were killed by firearms. These firearms have only 
risen in recent years, making guns one of the leading causes of 
death in the line of duty for law enforcements in America. We 
must do more to protect our homeland, our communities, and our 
officers. That means we need to work across the aisle to pass 
common-sense gun laws and continue to work together to 
strengthen and fund the Department of Homeland Security's grant 
programs, which are critical to protecting our communities and 
law enforcement personnel from these threats.
    Programs like the Urban Area Security Initiative, UASI, and 
the United States Security Grant Program, SHSP, assist in 
assuring that local law enforcement have the resources they 
need to defend our communities against threats. The Nonprofit 
Security Grant Program provides nonprofits with funding to help 
with their security, which is critical given the surge in 
right-wing violence against nonprofits, including religious 
organizations. While we work to address gun violence, we must 
continue to do our part to provide the Department of Homeland 
Security with funding for its grants programs to ensure that 
nonprofits and law enforcements have the resources they need to 
protect our communities.
    To our witnesses, thank you for being here today. The law 
enforcement witnesses, I want to thank you and all those who 
stand beside you for your service. We appreciate your being 
here today during National Police Week. I look forward to 
hearing from you. I look forward to us having a meaningful 
exchange, one that I hope can stay within the boundaries and 
stay within the lines. I compel my colleagues, likewise, that 
we make this a clear opportunity to make a difference and not 
to make a statement for the press. That we use this as an 
opportunity to find resolve and solutions, not to further 
divide a country that is sickened with the bloodshed that we 
see in our communities. Each day it gets a little closer. I 
hope and pray that we collectively can find a way to have 
resolutions that don't have Rs or Ds behind them but have 
American lives that are being saved. I yield back.
    [The statement of Ranking Member Carter follows:]
               Statement of Ranking Member Troy A. Carter
                              May 16, 2023
    I want to take a moment to reflect on the tragic shooting in Allen, 
Texas. My condolences go out to the families of the victims. The video 
that circulated of this man jumping out of his SUV wielding an AR-15 
and wearing a tactical vest as he mercilessly killed people until an 
officer, who just happened to be at the mall, took him out, was 
harrowing. But that video is visual testimony. It is testimony to the 
depravity of weak gun laws in this country. It is a testimony to the 
risk our communities and our police face because Republicans refuse to 
pass meaningful gun violence prevention laws.
    Many of you know that I am a gun owner and avid hunter, but I am a 
responsible gun owner who firmly believes in stronger gun laws. Weak 
gun laws are killing children. They're killing parents and 
grandparents. They are killing law enforcement officers. And they are 
making our homeland less safe.
    So, I am glad we are holding this hearing on protecting the 
homeland and supporting law enforcement. Because if we want to talk 
about protecting the homeland and supporting law enforcement, we must 
talk about the weapons of war that are on our streets making our 
homeland less safe and putting law enforcement in the line of fire.
    Over the years, we have seen a dramatic increase in gun violence 
against civilians and law enforcement. My district has struggled with 
gun violence with New Orleans accounting for nearly 5 percent of all 
the mass shootings across the country this year, far outpacing any 
other city in the country. Gun violence isn't isolated to one space; we 
have seen gun violence at our schools, malls, houses of worship, and 
other public areas. Our country has a problem. We need strong and 
common-sense gun safety laws in every State not only to protect 
children but also to protect law enforcement.
    Officers often find themselves in dangerous situations while 
performing their duties. In States with weak gun regulations, the 
dangers officers face is substantially greater according to the 
Giffords Law Center, which graded States based on the strength of their 
gun laws. States that received an ``F'' for their gun laws saw higher 
rates of police fatalities from 2017 to 2021. The virtually unregulated 
guns circulating in our communities are threats to homeland security 
and to law enforcement lives. The data is clear--in 2021, almost 73 
percent of law enforcement officers who died from felonious assaults 
were killed by firearms. This figure has only risen in recent years, 
making guns one of the leading causes of death in the line of duty for 
law enforcement officers.
    We must do more to protect our homeland, our communities, and our 
officers. That means we need to work across the aisle to pass common-
sense gun laws and continue to work together to strengthen and fund the 
Department of Homeland Security's grant programs, which are critical to 
protecting our communities and law enforcement personnel from threats.
    Programs like the Urban Areas Security Initiative (UASI) and State 
Homeland Security Grant Program (SHSP) assist in ensuring that local 
law enforcement have the resources they need to defend our communities 
against threats.
    The Nonprofit Security Grant Program provides nonprofits with 
funding to help with their security, which is critical given the surge 
in right-wing violence against nonprofits, including religious 
institutions. While we work to address gun violence, we must continue 
to do our part and provide the Department of Homeland Security with 
funding for its grant programs to ensure that nonprofits and law 
enforcement have the resources they need to protect our communities.
    To our witnesses, thank you for being here today. To the law 
enforcement witnesses, I want to thank you, and all those who stand 
beside you, for your service. We appreciate you being here during 
National Police Week.

    Chairman Pfluger. I thank the Ranking Member, and I now 
recognize the Ranking Member of the full committee, the 
gentleman from Mississippi, Mr. Thompson, for his opening 
statement.
    Mr. Thompson. Thank you very much, Mr. Chairman. Mr. 
Chairman, I appreciate the witnesses being here at today's 
hearing on ``Protecting the Homeland: An Examination of Federal 
Efforts to Support State and Local Law Enforcement.'' Before I 
begin, I want to condemn the hateful violence we saw yesterday 
when two Congressional staffers, one of them an intern on her 
first day at work, were beaten with a baseball bat while at 
work in Virginia for Congressman Gerald Connolly. I pray for 
their recovery quickly.
    Protecting the homeland ultimately means protecting the 
people who live here, which is what the brave men and women who 
serve in law enforcement do every day. We thank them for their 
service as we commemorate National Police Week. I welcome 
today's discussion about how the Federal Government can support 
State and local law enforcement in their efforts to protect our 
communities. Tragically, in the days and weeks leading up to 
this hearing, there have been a series of mass killings 
inspired by those who hold extremist views. My heart goes out 
to the victims and families of those murdered in an apparent 
right-wing extremist shooting in Allen, Texas. My heart also 
goes out to the victims and families of those killed after a 
driver rammed his SUV into people waiting outside near a 
shelter in Brownsville, Texas, after he reportedly shouted 
anti-immigrant rhetoric.
    When we talk about protecting the homeland and supporting 
State and local law enforcement, we must acknowledge that 
extremist views, coupled with weak gun laws, is driving 
violence across the United States. Moreover, weak gun laws are 
making our law enforcement officers less safe. The United 
States is facing a crisis of epic proportion when it comes to 
gun violence. Children are not safe at school. Shoppers are not 
safe at stores. Worshippers are not safe at church. Journalists 
are not safe in the newsroom. Gun massacres are happening more 
often, and they are deadlier than ever.
    If we want to protect the homeland and support law 
enforcement, we must reform the laws that let dangerous people 
obtain weapons and turn them on our communities and those who 
are sworn to serve and protect. When we talk about protecting 
the homeland, we must acknowledge the very real threat from 
heavily-weaponized domestic terrorists, including white 
supremacists and anti-Government extremists have. As FBI 
Director Christopher Wray has said, domestic terrorism, 
particularly white supremacist extremism, is the most 
persistent and lethal threat to this country.
    It is unfortunate that my colleagues across the aisle 
refuse to include domestic terrorism as a part of this 
committee's oversight plan, as we cannot properly examine how 
to protect the homeland and support law enforcement without 
acknowledging the most persistent terrorism threat we face as a 
country. It is my hope that moving forward, the Members of this 
committee can find common ground on combating violence and 
protecting the homeland.
    When it comes to protecting our communities from violence, 
the Department of Homeland Security's grant programs are key. 
For example, the Urban Area Security Initiative, commonly 
called UASI, and State Homeland Security grant help ensure that 
local law enforcement have the training and equipment they need 
to protect against terrorist threat. As the Chairman from New 
York so eloquently put, that $2 billion that New York has 
gotten from UASI is a Homeland Security grant. It's a wonderful 
program. I wish we had more money. The Department struggles 
because we can only do so many cities across the country, and 
those who fall off the list are the ones who come and complain 
that we need the money to do it. So, I am sure some of our 
colleagues will hear from those communities with the next round 
of eligible communities.
    The Nonprofit Security Grant Program provides nonprofit 
organizations at high risk of a terrorist attack with funding 
to help bolster their security, which is especially important 
given the rise of right-wing extremist attack against 
nonprofits such as faith-based communities. Even though 
Congress has increased funding for the program, there is a 
growing need for organizations to access the funding. The 
Nonprofit Security Grant Program Improvement Act, which I 
authored, make improvements to the program, and will provide 
support to nonprofits with particular attention to nonprofits 
in underserved communities.
    As we work to ensure that law enforcement has the resources 
to protect our communities, we must remain steadfast and 
provide DHS with full and robust funding for the critical 
grants program. I hope to hear from our witnesses on how we can 
better support our law enforcement and public safety by passing 
common-sense gun reform, combating domestic terrorism, and 
supporting DHS grant funding, including UASI and Nonprofit 
Security Grant Program. I look forward to hearing from our 
witnesses and I yield back, Mr. Chairman.
    [The statement of Ranking Member Thompson follows:]
             Statement of Ranking Member Bennie G. Thompson
                              May 16, 2023
    Before I begin, I want to condemn the hateful violence we saw 
yesterday when two Congressional staffers, one of them an intern on her 
first day at work, were beaten with a baseball bat while at work in 
Virginia for Congressman Gerry Connolly. I pray they recover quickly.
    Protecting the homeland ultimately means protecting the people who 
live here, which is what the brave men and women who serve in law 
enforcement do every day. We thank them for their service as we 
commemorate National Police Week.
    I welcome today's discussion about how the Federal Government can 
support State and local law enforcement in their efforts to protect our 
communities. Tragically, in the days and weeks leading up to this 
hearing, there has been a series of mass killings inspired by those who 
hold extremist views. My heart goes out to the victims and families of 
those murdered in an apparent right-wing extremist shooting in Allen, 
Texas. My heart also goes out to the victims and families of those 
killed after a driver rammed his SUV into people waiting outside near a 
shelter in Brownsville, Texas, after he reportedly shouted anti-
immigrant rhetoric.
    When we talk about protecting the homeland and supporting State and 
local law enforcement, we must acknowledge that extremist views coupled 
with weak gun laws is driving violence across the United States. 
Moreover, weak gun laws are making our law enforcement officers less 
safe. The United States is facing a crisis of epic proportions when it 
comes to gun violence. Children are not safe at school. Shoppers are 
not safe at stores. Worshippers are not safe at church. Journalists are 
not safe in the newsroom.
    Gun massacres are happening more often, and they are deadlier than 
ever before. If we want to protect the homeland and support law 
enforcement, we must reform the laws that let dangerous people obtain 
weapons and turn them on our communities and those who are sworn to 
serve and protect. And when we talk about protecting the homeland, we 
must acknowledge the very real threat from heavily-weaponized domestic 
terrorists, including white supremacists and anti-Government 
extremists. As FBI Director Christopher Wray has said, domestic 
terrorism, particularly white supremacist extremism, is the ``most 
persistent and lethal threat'' to the country.
    It is unfortunate that my colleagues across the aisle refused to 
include domestic terrorism as part of this Committee's Oversight Plan, 
as we cannot properly examine how to protect the homeland and support 
law enforcement without acknowledging the most persistent terrorism 
threat we face as a country. It is my hope that, moving forward, the 
Members of this committee can find common ground on combating violence 
and protecting the homeland.
    When it comes to protecting our communities from violence, the 
Department of Homeland Security's grant programs are key. For example, 
the Urban Areas Security Initiative (UASI) and State Homeland Security 
Grant Program (SHSP) help ensure that local law enforcement have the 
training and equipment they need to protect against terrorist threats.
    The Nonprofit Security Grant Program (NSGP) provides nonprofit 
organizations at high risk of a terrorist attack with funding to help 
bolster their security, which is especially important, given the rise 
in right-wing extremist attacks against nonprofits such as faith-based 
communities. Even though Congress has increased funding for the 
program, there is a growing need for organizations to access this 
funding.
    The Nonprofit Security Grant Program Improvement Act, which I 
authored, makes improvements to the program and will provide support to 
nonprofits, with particular attention to nonprofits in underserved 
communities. As we work to ensure that law enforcement has the 
resources to protect our communities, we must remain steadfast and 
provide DHS with full and robust funding for critical grants programs.
    I hope to hear from our witnesses on how we can better support our 
law enforcement and public safety by passing common-sense gun reform, 
combating domestic terrorism, and supporting DHS grant funding, 
including UASI and the Nonprofit Security Grant Program.

    Chairman Pfluger. Thank you, Mr. Ranking Member. Other 
Members of the committee are reminded that opening statements 
may be submitted for the record. I am pleased to have a 
distinguished panel of witnesses before us today on this very 
important topic, and I ask that our witnesses please rise and 
raise your right hand.
    [Witnesses sworn.]
    Chairman Pfluger. Thank you. Let the record reflect that 
the witnesses have answered in the affirmative. You may be 
seated. I would like to now formally introduce our witnesses. 
Michael Gerke serves as chief of police for the Odessa, Texas 
Police Department. In this role, he serves as the chief 
administrator of the Odessa Police Department and is 
responsible for the policy, development, control, supervision, 
and program implementation of this department and is 
accountable for the effective delivery of police service to the 
community. The chief's office is the command center of the 
department and administrates the department's annual budget.
    Chief Gerke has proudly served Odessa, Texas and that 
department for more than 26 years. He received an associate 
degree in criminal justice in police science from Odessa 
College, a Bachelor of Applied Arts and Science and Criminal 
Justice in Law Enforcement from Midwestern State University, 
and a Master of Science from Tarleton State University.
    I would like to now--and, Chief, thank you for being here. 
I would like to now recognize the gentlewoman from California, 
Mrs. Michelle Steel, to introduce Sheriff Don Barnes.
    Mrs. Steel. Thank you very much for inviting me here today. 
It is my honor to introduce Sheriff Don Barnes of Orange 
County, California. With over 30 years of service, Sheriff 
Barnes is well-versed in the public safety needs of Orange 
County residents. Sheriff Barnes leads the 4,000 sworn 
professional men and women who provide a variety of vital 
public safety service to our community, our residents, over 3.2 
million people.
    Involvement in both State and national law enforcement 
organizations that advocate common-sense public safety policy 
is a priority for Sheriff Barnes. When I was the chair of the 
Orange County Board of Supervisors, Sheriff Barnes and I worked 
closely to respond to emergencies like COVID-19, civil unrest, 
and wildfires. We also fought back together against 
California's sanctuary State policies that would have 
prohibited the county from working with ICE to apprehend 
dangerous criminals.
    It is not just serious work only, but we had fun too. I 
wanted to show my appreciation to the sheriff's department and 
sheriff. I brought the In-N-Out truck so we shared the burger 
together during the lunch. So, it is not just serious work 
relationship, but we are building our relationship together, 
and I really love Sheriff Barnes.
    I am proud to be here with Sheriff Barnes and look forward 
to our continued work together to keep the people of Orange 
County safe. The sheriff also serves as an executive officer 
with the California State Sheriff's Association and serves as 
the chair of California State Sheriff's Association's 
Technology Committee. At the national level, he is chair of 
Major County Sheriffs of America Intelligence Commander 
Committee.
    Sheriff Barnes strongly believes that members of law 
enforcement must be engaged with the community they serve. He 
is everywhere in Orange County. He serves as the board chairman 
for Orange County Crime Stoppers. Because of our sheriff in 
Orange County, his men and women, Orange County is one of the 
safest cities in the United States, especially California, that 
our crime rates are very high.
    I can truly say from my personal experience that he is one 
of the most exceptional law enforcement officers in the 
country. I think he is the best and we are fortunate to have 
him before this committee. I really want to thank him for being 
here and it is very nice to see him in Washington, DC, not just 
in Orange County. Thank you.
    Chairman Pfluger. I thank the gentlelady from California 
for that very nice introduction. I now recognize the Ranking 
Member from Rhode Island, Mr. Magaziner, to introduce 
Commissioner Cox.
    Mr. Magaziner. Thank you, Chairman. While there are parts 
of the country where crime has increased in recent years, it is 
also important to note that there are parts of the country that 
have bucked that trend. For example, in my home city of 
Providence in 2022, we had our lowest number of homicides in 50 
years last year. Right up the road from us in Boston, the city 
of Boston has had stable record levels of violent crime in 
recent years that are near historic lows. So, in order to share 
the lessons learned and the best practices from the 
historically low rates of violent crime in Boston in recent 
years, I am pleased to introduce Commissioner Michael Cox of 
the Boston Police Department, a department of which he is a 30-
year veteran.
    Prior to his appointment as commissioner in the Boston 
Police Department, Commissioner Cox served as a bureau chief 
and a sergeant detective in the Intelligence Unit, where he 
performed dignitary protection duties, served as a liaison to 
the U.S. Secret Service, and as a supervisor assigned to the 
Joint Terrorism Task Force. Commissioner Cox also served as 
chief of police for the Ann Arbor Police Department in Ann 
Arbor, Michigan from 2019 to 2022. Welcome, Commissioner Cox, 
and thank you.
    Chairman Pfluger. I thank the Ranking Member. I would now 
like to introduce our final witness on the panel. Mr. Rafael 
Mangual is a fellow and head of research for the Policing and 
Public Safety Initiative at the Manhattan Institute, a 
contributing editor of City Journal, and a member of the 
Council on Criminal Justice. Mr. Mangual's work has been 
featured and mentioned in numerous publications, including the 
Wall Street Journal, the Atlantic, the New York Post, and other 
outlets. In 2020, he was appointed to serve a 4-year term as a 
member of the New York State Advisory Committee on the U.S. 
Commission on Civil Rights. Mr. Mangual has also testified 
multiple times before Congress on policing topics. He holds 
degrees from City University of New York and DePaul University 
in Chicago, including a law degree.
    Thank you for being here, and I would like to thank all of 
our witnesses for being here. Now for the part that we actually 
came for, the witness testimony. I would ask each of you, you 
have submitted your written testimony, so please summarize, and 
do try to stay within 5 minutes, because we do have lots of 
Members who want to ask you questions. I now recognize from 
Odessa, Texas, Chief Michael Gerke for your opening statement.

  STATEMENT OF MICHAEL GERKE, CHIEF OF POLICE, ODESSA POLICE 
                           DEPARTMENT

    Chief Gerke. Well, good morning, distinguished Members of 
the committee. The reason for the existence of law enforcement 
agencies is to make the lives of the citizens that they serve 
better. It's my belief that the main way that we do that is to 
reduce violent crime. Violent crime has the most significant 
effect on the victims. To this end, as an example of effective 
policing, about 2\1/2\ years ago, we partnered with the United 
States Attorney's Office in the Western District of Texas for 
the priority prosecution of those individuals apprehended in 
our community who were convicted felons, narcotic dealers, and 
gang members who were in possession of firearms. This led not 
only to a reduction of violent crime in the area, but also a 
reduction in property crimes such as auto thefts and 
burglaries. This is a shining example of what partnerships 
between local and Federal authorities can accomplish.
    We continue to have a very strong relationship with the 
Assistant United States Attorney in our area, and she is one of 
the most trusted and valued members of our team. It's very 
important to have these relationships as we move into the 
future and face the coming challenges.
    The most persistent challenge that we feel at this point in 
my community is the use and abuse of fentanyl. The use of 
fentanyl has led to numerous overdoses and numerous deaths in 
our community. We all know that that route, that trade route 
for fentanyl starts in China, comes through Mexico, and crosses 
the border, and ends up in our community. Particularly in West 
Texas, it's harming predominantly our children, our young 
adults. We've seen 12-year-olds to 19-year-olds to 60-year-olds 
who have overdosed on fentanyl.
    We're at the point in law enforcement that we have issued 
Narcan or other types of antidotes to every one of our 
officers, not just to help to relieve the overdoses with the 
victims, but also to help each other, because, unfortunately 
officers do come in contact with fentanyl when we find it 
illegally on the street, unknowingly get contaminated, and we 
have to apply those antidotes to each other.
    But I also want to talk about another challenge that we 
face. That challenge is staffing levels, pure and simple. 
Odessa, as you look across this panel, I am the small guy on 
the panel, so I have 181 sworn positions. Of those 181 
positions, I'm about 38 short as we as we speak today. You 
know, I live in Odessa, which is the Permian Basin, which is 
one of the world's leading oil and gas producing areas, right?
    So, high school graduates often don't see the value of 
education. They don't see the value of waiting, and they move 
into employment in the petroleum industry. Quite honestly, 
those careers pay more than a career in law enforcement. You 
can take an 18-year-old young man that graduates from Permian 
High School, and that young man in a matter of a few months, 
can be making six figures in the oil field. Our starting salary 
is $69,000. Also, in Texas, you know, individuals cannot be 
employed as police officers until they're 21 years of age. Many 
times, that 3-year gap leads individuals to different career 
paths and down paths that no longer allow them to be in law 
enforcement.
    Going back to violent crime and fighting that and other 
issues such as narcotics in our community, I want to take a 
moment to just talk about the importance of technology because 
when you look at smaller departments like mine, sometimes the 
funding is not there, but there's grants. But sometimes those 
smaller departments, even smaller than mine, have a very small 
knowledge of those grants. So, I think there needs to be a 
push, a help for those smaller departments to understand those 
grants. Because I tell you, automatic license plate readers, 
and video cameras, and advanced analytical software, and 
forensic equipment are game-changers. They're absolute game-
changers.
    Finally, I'd just like to say it's essential that more and 
better cooperation between all levels of law enforcement happen 
and that proper outcomes be identified. Please understand, 
numbers of arrests and the numbers of seizures don't really 
matter as much as lowering the number of crime victims. It's 
what we should be worried about is our victims. We can only 
accomplish these reductions if we all work together. Remember, 
and this is what we say around the office all the time, egos 
and attitudes are the enemy of progress. Thank you.
    [The prepared statement of Chief Gerke follows:]
                  Prepared Statement of Michael Gerke
    Distinguished Members of the committee, the reason for the 
existence of law enforcement agencies is to make the lives of the 
citizens that they serve better. It is my belief that the main goal of 
local law enforcement to accomplish this endeavor is the reduction of 
violent crime. These crimes have the most significant effect on their 
victims. To this end approximately 2\1/2\ years ago the Odessa Police 
Department entered a partnership with the United States Attorney's 
Office for the Western District of Texas for the priority prosecution 
of those individuals apprehended in our community who were convicted 
felons, narcotics dealers, and criminal gang members. This led not only 
to a reduction of violent crime in the area, but also to the reduction 
of property crimes such as auto thefts and burglaries.
    This is a shining example of what partnerships between the local 
and Federal authorities can accomplish. We continue to have a very 
strong relationship with the Assistant United States Attorney assigned 
to our area and view her as one of the most trusted and valued members 
of our team. It is very important to have these relationships as we 
move into the future with the challenges that we currently face.
    The most persistent challenge does not involve crime per se. It 
involves the resources needed to fight crime, namely personnel. Like 
many law enforcement agencies across America, the Odessa Police 
Department is significantly short of police officers. We have an 
authorized strength of 181 and are currently 38 officers short. In 
Odessa, which is in the Permian Basin, which is one of the world's 
leading oil- and gas-producing areas, high school graduates often do 
not see the value of education after the high school level. This is 
because they can move to employment in the petroleum industry that pays 
more than a career in law enforcement. In Texas, individuals cannot be 
employed as police officers until they are 21 years of age and many 
times the 3 years after high school leads them to different career 
paths or down paths that no longer allow them to be in law enforcement.
    The social harm perspective looks at those issues in a community 
that cause the greatest social harm. Undoubtedly the cause of the 
greatest social harm in Odessa and the surrounding area currently is 
sale and ingestion of Fentanyl by our citizens. This has led to 
countless overdoses and many deaths. Officers and paramedics routinely 
respond to these calls and many times administer an antidote such as 
Narcan. While this product and others like it are effective, it is 
getting more difficult to acquire an adequate supply for the needs of 
first responders.
    As we all know, the difference in Fentanyl and other abused 
narcotics such as cocaine or methamphetamines is the drastically higher 
lethality rate for Fentanyl. Also, Fentanyl has been introduced to much 
of the population in a surreptitious manner. Many times, individuals 
believe that they are ingesting one substance and unwittingly ingesting 
Fentanyl as it has been added to the original substance or been made to 
look like a substance that it is not. In Odessa, the predominate form 
of Fentanyl that we see is in the form of counterfeit M-30 pills 
(oxycodone). Because of the lethality of Fentanyl, we treat the selling 
of it as a violent crime. When we identify a supplier, removing that 
individual and their supply of illegal narcotics from our community 
becomes a very high priority.
    With this being said, the most predominate illegal narcotic used in 
Odessa and the surrounding area is methamphetamine. Large quantities of 
this substance are seized each year. Users commit crimes ranging from 
robbery to theft to procure property or cash that can be traded for the 
substance.
    In the fight against violent crime and illegal narcotics as with 
most endeavors, information is power and is essential. To this point it 
is necessary to share information amongst all levels of law 
enforcement. This allows for efficiencies which has become much more 
necessary due to the shortage of law enforcement personnel. This 
sharing of information requires two things. First that it be collected 
and second that relationships exist between agencies that facilitate 
the passage of information.
    The collection of important information is made more difficult by 
the reduced number of law enforcement officers. However, this gap can 
be filled to some extent with technology. Many larger agencies have had 
automatic license plate readers (ALPR), video cameras, advanced 
analytical software, and forensic equipment for some time. The 
acquisition of these technologies has been difficult for smaller 
departments because of the lack of funding. These departments must 
educate themselves with knowledge about Federal and State grant 
opportunities and other funding avenues. The Odessa Police Department 
has found ALPRs particularly effective in helping to identify vehicles 
driven by suspects of crime. We have also found that purchasing the 
equipment necessary to join the National Integrated Ballistic Imaging 
Network and joining the network with the coordination of the Bureau of 
Alcohol Tobacco and Firearms to be essential in solving and linking 
firearms-related crime.
    Creating relationships that facilitate the sharing of information 
is accomplished easiest at the local level. The Odessa Police 
Department and the Midland Police Department (our nearest neighbor) 
have created the ability for the officers of each respective department 
to view on demand, the report information from the other. These 
departments have also created a local task force that focuses on 
removing violent criminals and narcotics from both communities. We have 
created a radio network in Ector County (the county in which Odessa 
resides) that every agency in the county uses. Most Federal and State 
agencies also have access to this network. Soon, this network will 
expand to encompass a new radio network in Midland County.
    Relationship building is most difficult when dealing with Federal 
agencies. This difficulty, at least in our area, is caused by the 
almost constant turnover of personnel in these agencies. In the past 
this would not be as big of an issue because most departments had 
officers stationed with the Federal agencies as task force officers. 
The number of task force officers has declined because many departments 
are recalling their officers to fill vacancies.
    It is essential that more and better cooperation between all levels 
of law enforcement happen and that proper outcomes be identified. 
Numbers of arrests and amounts of seizures do not matter nearly as much 
as lowering the number of crime victims. We can only accomplish these 
reductions if we all work together. Remember, egos and attitudes are 
the enemy of progress.

    Chairman Pfluger. Thank you, Chief Gerke. I now recognize 
Sheriff Barnes for your opening statement of 5 minutes.

  STATEMENT OF DON BARNES, SHERIFF, ORANGE COUNTY, CALIFORNIA

    Sheriff Barnes. Thank you, Chairman Pfluger and D'Esposito. 
I want to also thank Ranking Members Magaziner, Carter, and 
Thompson for allowing us to provide a local perspective on 
policing in America. My testimony will focus on the challenges, 
some of which are the result of misguided policies, and I will 
share some what I believe solutions to these issues.
    Before discussing broad threats, it is important for the 
committee to know the environment law enforcement faces as a 
result of policies that have boosted criminal activity and made 
our jobs much more difficult. Over the last decade, California 
has incrementally enacted laws reducing penalties for crime 
while also removing tools from law enforcement. The results of 
the decriminalization efforts are clear. Since 2011, we've seen 
an almost 32 percent increase in homicides in the State. 
Aggravated assaults have increased by almost 35 percent. Drug-
related deaths have more than doubled from 4,118 to 10,898 in a 
10-year period, and the years following that have gone up 
substantially more.
    The National Retail Federation reported an estimated $94.5 
billion in losses to retail theft Nation-wide in 2021, with the 
largest losses occurring in the State of California 
metropolitan areas. This number for comparison was $44 billion 
in 2014.
    As we address the policy-created lawlessness, we deal with 
the local impacts of external threats facing our country. The 
border crisis, the rapidly emerging cyber threat, and an on-
going wave of foreign malign influence, a fentanyl crisis of 
epic proportions, and the proliferation of active-shooting 
incidents across our country.
    Regarding the border, most relevant to this committee is a 
lack of an effective strategy to secure our Southern Border. 
One thing this has meant for my community is an influx of 
fentanyl. In 2021, just the Orange County Sheriff's Department 
investigation seized 132 pounds of fentanyl and 16,000 
clandestine-produced fentanyl pills. One year later, this 
increased to 450 pounds of pure fentanyl and over 400,000 
clandestine-produced fentanyl pills. What we're seeing at the 
border today in the wake of Title 42 ending, will manifest into 
security challenges for local communities.
    The challenges faced by the men and women of law 
enforcement are daunting, but there is hope. There are 
solutions. Today, I will highlight one of those solutions, our 
Fusion Center in Orange County, the Orange County Intelligence 
Assessment Center, known as the OCIAC, created in 2007, has 
evolved into addressing all crimes and all hazards, not just 
counterterrorism. Recognizing the fact that sharing information 
is key to addressing challenges of the day, we have integrated 
OCIAC into facing many facets of our operations.
    To meet the increased cyber threat, OCIAC developed a Cyber 
Liaison Officer Program. To date, over 700 personnel have been 
trained. We participate in active shooter and school safety, 
over 300 assessments done in just the last calendar school 
year. We created a house of worship training. In 2016, launched 
the Faith Liaison Ops Program, and more than 500 houses of 
worship have partnered in this program and training.
    We participate in human trafficking. Last year during the 
Super Bowl, the OCIAC led one of the Nation's most successful 
human trafficking operations known as Operation Red Zone, 
partnering with 11 local agencies, resulting in the arrest of 
56 suspects, and 16 victims being recovered, including two 
juveniles as part of that operation.
    Finally, I'd like to highlight a few ways the Federal 
Government can better support local law enforcement. The 
security at the border is paramount. Congress must pass 
legislation to secure our border once and for all. Major County 
Sheriffs of America documented this in their border security 
priorities and has been included in my written testimony. I 
want to recognize and appreciate the fact that this committee's 
recently-passed Border Reinforcement Act incorporates several 
of those priorities.
    Sustained investment in personnel and resources for our 
fusion centers are paramount. Increased Homeland Security grant 
funding and embedded personnel in our fusion centers will 
strengthen our operations. More interagency communication among 
partners would assist in addressing the cyber threat and local 
tools to address technologies like unmanned aircraft.
    California's example should be a warning for others 
minimizing the consequences for law-breaking results in a 
breakdown of society. Congress must be watchful of the 
destabilizing impacts of policies that empower criminals and 
victimize law-abiding residents.
    Thank you again for the opportunity to share my 
perspective. I'm happy to help and answer any questions you may 
have of me. Thank you.
    [The prepared statement of Sheriff Barnes follows:]
                    Prepared Statement of Don Barnes
                              May 16, 2023
    Thank you Chairmen Pfluger and D'Eposito and Ranking Members 
Magaziner and Carter for holding this hearing and seeking local law 
enforcement's perspective on the security challenges facing the 
American homeland.
    We gather here today in the midst of National Police Week, an 
annual time to honor the fallen peace officers of our communities. This 
week is also a moment for our national leaders to focus on policies 
that help law enforcement accomplish our public safety mission.
    Today, law enforcement and the communities we serve face challenges 
on multiple fronts. The risks are great, but there is also no greater 
opportunity to take action. My testimony will focus on those 
challenges, some of which are the result of misguided polices, and 
share solutions that will ultimately secure our homeland.
                        policy-driven crime wave
    I will start with a focus on crime. The 50 States have been called 
laboratories of democracy. If that's the case, California's lab was 
blown up by our experiment with decriminalization.
    Over the last decade, consequences for crime have eroded and 
certain tools used by law enforcement to keep our communities safe have 
been removed. This has made our job harder and put the safety of law-
abiding residents at risk.
    In 2011, the California State legislature passed Criminal Justice 
Realignment (Assembly Bill 109), which shifted a substantial portion of 
the State prison population to county facilities. In 2014, a 
deceptively-titled ballot initiative, the ``Safe Neighborhoods and 
Schools Act (Proposition 47),'' was approved. This bill turned the two 
most prominent categories of crime, property theft and narcotics 
violations, from felonies to misdemeanors. Two years later another 
deceptive initiative was approved, Proposition 57, which resulted in 
additional releases of people from State prison earlier than their 
original sentence length.\1\
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    \1\ Proposition 57 was approved with the intention of showing 
leniency to offenders who are truly non-violent. Unfortunately, many 
voters were not aware that the State's definition of ``nonviolent'' 
included rape of an unconscious victim, solicitation to commit murder, 
and assault with a deadly weapon on a peace officer amongst many other 
crimes.
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    At the same time, we have seen legislation that either removed 
effective tools from law enforcement or placed burdensome requirements 
on our agencies. Overly burdensome and unnecessary requirements on law 
enforcement divert our resources away from front-line services and into 
administrative bureaucracy. Even today, there are proposals being 
considered to prevent the use of apprehension K9s, prohibit certain 
investigative techniques, and eliminate the enforcement of certain 
traffic violations.
    The results of these policies speak for themselves:
   Our State prison population has declined from 165,000 in 
        2010 to 90,934 as of March 2023. The Legislative Analyst Office 
        in California estimates that the State has nearly 20,000 empty 
        prison beds, comprising 20 percent of the State's total prison 
        capacity. Unfortunately this decline in the prison population 
        and empty bed space is not a reflection of a lack of need in 
        California. Rather, the State simply shifted a large number of 
        people from State custody to local communities.
   In 2011 there were 1,794 homicides in California; this 
        number increased by 31.6 percent to 2,361 in 2021, compared to 
        our overall population increase of less than 10 percent over 
        that same period.
   Aggravated assaults increased by 34.6 percent from 91,483 to 
        123,122 in 2021.
   A lack of true consequences for illegal behavior has put law 
        enforcement in greater danger. The five most recent California 
        officers killed in the line of duty were murdered by 
        individuals with extensive criminal histories. The majority of 
        these individuals were released early due to lenient criminal 
        justice policies.
   Drug-related deaths have skyrocketed in our State. According 
        to the California Department of Public Health there were 4,113 
        California drug-related deaths in 2011. A decade later, in 
        2021, that total more than doubled to 10,898.
   While we see property crime still going unreported to law 
        enforcement, retail losses help tell the story of increased 
        theft. The National Retail Federation reported that, in 2021, 
        there was an estimated $94.5 billion in losses to retail theft 
        Nation-wide, with largest losses occurring in California 
        metropolitan areas. In a similar survey conducted in 2014 this 
        number was estimated to be $44 billion.
   Although our proactive posture has kept crime rates in 
        Orange County--which is proudly home to more than 3.1 million 
        residents--relatively low, we are beginning to see the impact 
        of decisions made by the district attorney in the largest 
        county within the Southern California region--Los Angeles. The 
        DA's failure to prosecute on a variety of offenses has 
        emboldened career criminals. Just last week our deputies 
        arrested a burglary crew of four individuals from Los Angeles 
        attempting to burglarize a residence in Yorba Linda.
                      external security pressures
    We cannot successfully bring down crime rates without violators 
facing real consequences. In addition, our challenges are exacerbated 
by external threats around our country. These threats include: the 
border crisis, the rapidly emerging cyber threat, an on-going wave of 
foreign malign influence, a fentanyl crisis of epic proportions, and 
the proliferation of active-shooter incidents.
    Border Challenges.--Most relevant to this committee is the lack of 
an effective strategy to secure our Southern Border. One thing this has 
meant for my community is an influx of fentanyl. In 2021, Orange County 
Sheriff's Department investigators seized 132.9 pounds of fentanyl, 
which equates to approximately 30 million potential lethal doses, and 
16,278 pills. In 2022, this increased to 449.9 pounds of fentanyl and 
405,283 pills suspected of containing fentanyl seized.
    The lack of border enforcement has also extended to local 
communities in part because U.S. Immigration and Customs Enforcement 
(ICE) has virtually ceased picking up inmates who are released with a 
detainer.
    In calendar year 2021, the Orange County Sheriff's Department 
notified ICE of 143 individuals who had detainers and were due to be 
released from our jail. Of the 143 individuals referred, only 73--or 51 
percent--were taken into ICE custody. Those not taken into custody by 
ICE were released back into the community. A total of 24 of those 
released individuals were re-arrested for new offenses in Orange 
County.
    In calendar year 2022, my department notified ICE of 155 
individuals who had detainers and were due to be released. Of those 155 
individuals, only 17--or 10.9 percent--were transferred to ICE's 
custody. With respect to the other 138 individuals who, under State 
law, were eligible for transfer to ICE, ICE took no action and these 
individuals were released back into the community. A total of 20 of 
these individuals were re-arrested for new offenses in Orange County.
    Failure to remove these individuals jeopardizes the safety of all 
Orange County residents. California law limits notifications to inmates 
who have committed serious crimes and/or have a criminal history. In 
effect, this State law results in my department only notifying ICE of 
those individuals with detainers who pose the greatest risk to our 
community. We only notify ICE when the individuals have aggravating 
factors and therefore merit being taken into ICE custody.
    What we are seeing at the border today in the wake of Title 42's 
end, will manifest into additional security challenges for local 
communities.
                    local solutions--fusion centers
    I know this is a bleak picture. The challenges faced by the men and 
women of law enforcement are daunting. But there is hope. There are 
plausible solutions. As the inscription on the Nation's peace officer 
memorial over at Judiciary Square states, ``in valor there is hope.'' 
There is much valor amongst the individuals working in law enforcement 
today. There is a commitment to do the work necessary to meet those 
challenges and to use innovative measures to overcome obstacles.
    Today I will highlight how we use our fusion center in Orange 
County to address threats before they materialize and support efforts 
to address current crime trends.
    The Orange County Intelligence Assessment Center (OCIAC) was 
created in 2007 by the Orange County Sheriff's Department and our 
municipal agency partners. It started as a Terrorism Early Warning 
group pre-9/11. Operated by my department, OCIAC includes multiple 
municipal, State, and Federal agencies working alongside each other 
every day to make sure information stovepipes are minimized and 
relevant threat information is shared routinely. While initially 
designed to address threats of terrorism, it has evolved into a tool to 
address all crimes and all hazards.
    While some people criticize the expansion of fusion centers' 
mission from terrorism-only to all crimes and all hazards, they ignore 
the reality that information sharing among local, State, and Federal 
agencies and the private sector is fundamental to countering all types 
of threats, whether they are terrorism, cyber, or criminal. My agency 
is responsible for preventing and investigating all of those types of 
crimes, and we will continue to do all we can to ensure our people and 
our partner agencies throughout Orange County, southern California, our 
State, and our Nation get the benefit of that institutionalized 
information sharing.
    Recognizing the fact that the sharing information is key to 
addressing challenges of the day, we have integrated OCIAC into many 
facets of our operations. A few examples:
   Cyber Threat.--According to the FBI, California residents 
        lost over $2 billion to cyber criminals in 2022. This number is 
        an increase from the $1.2 billion in 2021 and the $621 million 
        in 2020. Ransomware attacks are one of the most prevalent 
        threats. We have recently seen this kind of attack on public-
        sector agencies like the San Bernardino Sheriff's Department 
        and the city of Dallas, Texas.
    To meet the increased cyber threat OCIAC developed a Cyber Liaison 
        Officer (CLO) Program. Through this program we train our staff 
        to recognize cyber threats and take appropriate action. We 
        teach the CLO program at our academy. To date, approximately 
        700 personnel have been trained county-wide.
    Last May, OCIAC led a multi-agency tabletop exercise regarding 
        cyber attacks with municipal agencies, Federal agencies to 
        include DHS, and private-sector partners. This preparation and 
        education of staff is critical to staying ahead of virtual 
        cyber criminals including terrorists.
    An example of how OCIAC assists in addressing a cyber attack 
        occurred in 2021 when emergency call centers in Orange County 
        experienced a Telephone Denial of Service to our Public Safety 
        Answering Point, or 9-1-1 system. The incident caused by 
        malicious actors overwhelmed our incoming 9-1-1 lines with 
        illegitimate 9-1-1 calls delaying critical calls for service to 
        our community. The Orange County Cyber Crime Task Force (OCCTF) 
        and the Orange County Intelligence Center (OCIAC) Cyber Unit 
        were activated. OCIAC specifically helped with the 
        investigation and restoration of service by identifying similar 
        issues in other jurisdictions and best practices to resolve 
        this kind of attack.
   Active Shooter and School Safety.--OCIAC is integrated with 
        our School Mobile Resource and Assessment Team (SMART). SMART 
        is utilized in school situations and incidents related to 
        violence, threats, possession and/or use of weapons, unstable 
        behaviors, and suicidal actions or tendencies. The team 
        responds at the request of law enforcement personnel or school 
        administration to provide services and resources, including 
        threat assessments, criminal investigation, case management and 
        referrals to mandatory counseling, where deemed appropriate. 
        The goal of SMART is to evaluate and assess each incident 
        individually, to effectively resolve the matter through the 
        least intrusive means available (while still maintaining safety 
        and security to the school), and ultimately return the staff 
        and students to their daily routine. For the 2021-22 school 
        SMART, in consultation with OCIAC, conducted over 300. As an 
        example, earlier this month OCIAC worked with public safety 
        agencies and school personnel to determine the veracity of a 
        viral social media posts circulating on-line threatening a 
        school shooting causing a pivot of law enforcement resources 
        while creating panic and anxiety to school districts, parents, 
        and our communities.
    When an active-shooter incident occurred on May 15, 2022 at the 
        Geneva Presbyterian Church in Laguna Woods in Orange County, 
        OCIAC coordinated with the Las Vegas fusion center (the 
        suspect's home town) to provide vital information on the 
        suspect. This is an example of the type of information sharing 
        and collaboration that is uniquely enabled through the National 
        Network of Fusion Centers every day around the country.
    OCIAC assisted in intelligence analysis that led to the arrest of a 
        40-year-old man who threatened a ``killing spree'' in YouTube 
        videos. The arrest stemmed from reports of bizarre email 
        exchanges and threats to a staff member of a large 4-year 
        university in Orange County. The suspect had 9 firearms in his 
        possession.
   House of Worship Security.--In 2016, OCIAC launched its 
        Faith Liaison program. More than 500 houses of worship have 
        partnered in the faith outreach program. This program engages 
        the faith community in trainings for critical infrastructure 
        safety, active-shooter awareness, and security briefings. 
        Program staff fields 70-100 calls per week with 10-15 meetings 
        per week with faith communities. This effort was highlighted as 
        a ``best practice'' in the 2019 U.S. Homeland Security Advisory 
        Council Report, ``Preventing Targeted Violence Against Faith-
        Based Communities.''
   Foreign Malign Influence.--OCIAC has taken a lead in 
        educating local businesses and public officials about malicious 
        attempts by foreign actors to steal intellectual property and 
        influence elected officials. OCIAC is coordinating closely with 
        DHS's Office of Intelligence and Analysis and FBI's Foreign 
        Malign Influence Task Force. This includes vetting all requests 
        from foreign entities received by our county government.
   Integration with High Intensity Drug Trafficking Area 
        (HIDTA) Program.--Fusion Centers have become an important 
        component of HIDTA operations. Fusion center can provide 
        tactical support during on-going investigations, analytical 
        products, subject workups, takedown packages, communications 
        charts, assessments, mapping products, organizational profiles, 
        and intelligence bulletins. This information provides our 
        narcotics information with tools to identify suspects and make 
        both seizures and arrests. OCIACs relationship with FBI and DHS 
        is critical to identify individuals and organizations involved 
        in transnational organized crime.
   Human Trafficking.--OCIAC plays a critical role in efforts 
        to address human trafficking through their information sharing 
        amongst multiple agencies. As an example, In February 2022, 
        OCIAC coordinated Operation Red Zone in partnership with 11 
        local law enforcement agencies, the Orange County District 
        Attorney's Office and the U.S. Department of Homeland Security 
        to identify victims of human trafficking and hold their 
        perpetrators accountable. Fifty-six suspects were arrested and 
        16 victims were recovered, including two juveniles under the 
        age of 16.
                           federal solutions
    In closing, I would like to highlight a few ways the Federal 
Government can better support local law enforcement efforts. This 
support will ultimately translate to a safer homeland.
    Secure the border.--The crisis and the border and ensuing chaos 
that has occurred since the expiration of Title 42 remains a 
significant threat to the security of local communities. Congress must 
pass legislation to secure our border once and for all. The Major 
County Sheriffs of America's ``Border Security and Immigration 
Principles'' document outlines necessary actions that should be taken 
(attached). Key priorities include:
   Gain and maintain operational control of all United States 
        borders.
   Fully implement a biometric entry/exit system.
   Use all available American power, including sanctions, to 
        eradicate murderous Mexico-based cartels.
   Ensure access to information and intelligence for all State 
        and local law enforcement.
   Support State and local law enforcement with proper training 
        and updated technologies.
   Require reimbursement to locals for housing of illegal 
        immigrants.
   Continue to work with local law enforcement to develop a 
        strategy to ensure proper procedure is followed regarding ICE 
        detainers.
   The legal immigration process should be reformed and align 
        with enacted Congressional priorities.
   In order to accomplish the above articulated goals, it is 
        imperative these efforts be fully budgeted, authorized, and 
        appropriated. Increased funding for Federal grants like 
        Operation Stonegarden would further help local law enforcement 
        mitigate security risks associated with the border.
    I want to recognize and appreciate the fact that this committee's 
recently-passed Border Reinforcement Act incorporates several of those 
priorities.
    Support fusion centers.--The way we utilize our fusion center in 
Orange County is a model that jurisdictions across the Nation could 
follow. To maximize our effectiveness, fusion centers require sustained 
investment in personnel and resources. Increased FEMA grant funding 
through the State Homeland Security Grant Program and the Urban Area 
Security Initiative are important. An enhanced and sustained commitment 
by Federal agencies to embed personnel in local and State fusion 
centers will strengthen their abilities Nation-wide.
    Cybersecurity and emerging technology.--More interagency 
communication among Federal partners and with local partners would 
assist in addressing the cyber threat. The current uncoordinated 
approach of addressing the cyber threat creates a challenge. Multiple 
Federal law enforcement agencies appear to be addressing the cyber 
threat independent of one another with disparate approaches. 
Additionally, we must redouble efforts to obtain lawful access to 
encrypted devices and platforms when they are concealing evidence of a 
crime. Finally, local law enforcement must be given the tools to 
address emerging technologies like unmanned aircraft systems.
    Guard against decriminalization.--Let California's example be a 
warning for other jurisdictions. When consequences for law-breaking are 
minimized, it results in less safety for our communities and ultimately 
a breakdown of our society at the local level. Congress must be 
watchful of the destabilizing impact of policies that empower criminals 
and victimize law-abiding residents.
    Thank you again for the opportunity to share my perspective and I 
am happy to help this committee address the critical issues it 
continues to address.
   ATTACHMENT.--Major County Sheriffs of America Border Security and 
                         Immigration Principles
                             February 2023
    The Major County Sheriffs of America (MCSA) appreciates the on-
going national conversation about immigration and border security. 
Policy solutions are long overdue. Our member sheriffs represent over 
130 million Americans, and we cover regions on or near the Southern, 
Northern, and Maritime Borders where the effects of illegal immigration 
and inadequate border security are felt most acutely. From narcotics 
and gangs to human trafficking and labor exploitation, this crisis 
impacts our communities on a daily basis. As elected sheriffs who are 
sworn and entrusted to protect the public, we have a duty to enforce 
the law and an obligation to work with our Federal, State, and local 
law enforcement partners to reduce the threat.
    We recognize that the creation and enforcement of immigration 
policy is fundamentally a Federal responsibility. The administration 
and Congress must deal with many millions of illegally present 
individuals in the United States while also modernizing our immigration 
system into one that is functional and efficient. To date, America's 
border security and immigration policy failures have created 
significant State and local law enforcement challenges. MCSA is 
encouraged that a bipartisan group of senators has renewed efforts in 
the 118th Congress to explore workable immigration and border security 
legislative solutions. Any solution must include tangible improvements 
that front-line of law enforcement officials have been urging for 
years.
              major county sheriffs of america principles
Gain and maintain operational control of all United States borders.
    The first step is to ensure that advanced technology, physical 
infrastructure, and adequate Federal agency staffing levels are 
deployed to secure all of America's borders--Northern, Southern, and 
Maritime.
Fully implement a biometric entry/exit system.
    Knowing who enters our country and if or when they leave the 
country is basic yet vital information. The 9/11 Commission recommended 
implementation of this system two decades ago, and still gaps remain.
Use all available American power, including sanctions, to eradicate 
        murderous Mexico-based cartels.
    Violent crime and record-setting overdose deaths in our communities 
are being fueled by the Mexican cartels--specifically the Sinaloa and 
Jalisco New Generation cartels. Despite abundant evidence that these 
foreign organizations are directly responsible for killing more 
American citizens than any other entity on the globe--more than 100,000 
in 2021 alone--U.S. foreign policy has been weak and utterly 
ineffective at addressing the threat. Despite heroic efforts by our 
underfunded Federal law enforcement partners, these transnational 
criminal organizations operate with near impunity, and overdose deaths 
continue to shatter records. Other foreign criminal organizations--
especially those based in China--that supply these cartels with 
precursors to make fentanyl and other deadly narcotics need to be held 
accountable as well. It is time for Congress and the administration to 
implement a tougher, more comprehensive array of foreign policy tools 
with Mexico, China, and other countries to isolate and neutralize the 
cartels.
Ensure access to information and intelligence for all State and local 
        law enforcement.
    Information sharing among Federal, State, local, and Tribal law 
enforcement is critical to maintaining public safety and combatting a 
wide variety of interstate and international threats. State and local 
law enforcement must have access to all pertinent background 
information about individuals we encounter in our jurisdictions, 
whether in our correctional facilities or in our communities. When an 
individual comes into police contact, a routine query should return 
information from all relevant databases so that front-line officers and 
deputies have comprehensive situational awareness. Officer safety and 
public safety depend on timely and actionable information from multiple 
sources. Local law enforcement has a need to know, and the Federal 
Government has a need to share, as the 9/11 Commission recognized 20 
years ago. In correctional facilities, complete and timely information 
is vital for the classification process to ensure an individual is 
placed at the proper security level, for their protection and that of 
our correctional staff and other inmates.
Support State and local law enforcement with proper training and 
        updated technologies.
    While immigration enforcement is and should be the Federal 
Government's responsibility, many State and local law enforcement 
agencies support their Federal partners through task forces and joint 
operations. These agencies must be properly trained, equipped, and 
informed to ensure their officers can provide critical support. 
Protecting the homeland is a shared responsibility, and focused Federal 
support of these efforts will help State and local law enforcement be 
capable of doing its part.
Require reimbursement to locals for housing of illegal immigrants.
    Locals should not be required to bear the cost associated with 
housing any person that is in this country illegally. Federal 
reimbursement must cover the stay of an illegal immigrant from the 
moment they enter a detention facility until they are released. Just as 
immigration enforcement is the Federal Government's responsibility, the 
financial burden should be as well.
Continue to work with local law enforcement to develop a strategy to 
        ensure proper procedure is followed regarding ICE detainers.
    Numerous Federal courts have determined ICE detainers are 
unconstitutional and that arresting aliens based on immigration status 
exceeds sheriffs' arrest authority. Without proper arrest authority, 
sheriffs cannot disregard an individual's Fourth Amendment rights. No 
law enforcement official wants to release an individual charged with 
heinous crimes back into the community and ICE has the responsibility 
to ensure the process for detaining an individual meets the legal 
standards.
    MCSA seeks continued support from the administration, Congress, and 
specifically ICE to afford sheriffs an additional legal basis to defend 
themselves when they are sued for faithfully executing their public 
safety duties by detaining individuals at ICE's request.
The legal immigration process should be reformed and align with enacted 
        Congressional priorities.
    The immigration system should ensure everyone who enters America is 
fully vetted, the process is timely and efficient, and that the latest 
technology including biometric verification is utilized. The process 
should allow for temporary workers as long as they pay taxes and are 
fully compliant with Federal, State, and local laws. Compliance with 
Federal, State, and local laws by all visitors should be enforced. The 
system should also be timely for those seeking permanent admission and 
citizenship in line with Congressionally-established immigration goals. 
It should also enable expedited due process so that people who violate 
our laws are quickly removed from the country.
In order to accomplish the above articulated goals, it is imperative 
        these efforts be fully budgeted, authorized, and appropriated.
    Sheriffs are the highest law enforcement officials in our counties. 
Immigration policy and enforcement are Federal Government 
responsibilities, and as such, a lawful, efficient, responsible, and 
compassionate Federal system should be fully funded to reflect those 
priorities.
    The member sheriffs of the Major County Sheriffs of America are 
available to discuss these issues and appreciate the opportunity to 
work collaboratively with both the administration and Congress to 
secure our Nation.

    Chairman Pfluger. Thank you, Sheriff Barnes. I now 
recognize Commissioner Cox for his opening statement of 5 
minutes.

     STATEMENT OF MICHAEL COX, COMMISSIONER, BOSTON POLICE 
                           DEPARTMENT

    Mr. Cox. Thank you, Chairman Pfluger, Ranking Member 
Magaziner, Chairman D'Esposito, and Ranking Member Carter, and 
Ranking Member Thompson for the invitation to testify alongside 
my fellow law enforcement leaders.
    It's my honor to represent the men and women of the Boston 
Police Department and the city of Boston. I welcome the 
opportunity to be with you today and share the impact of the 
partnerships with the Federal Government that we're having in 
Boston.
    The Boston Police Department has a long history of 
proactive community policing, combined with strategic 
deployment, and focused interventions based on analysis and 
crime data intelligence. A substantial portion of our analytic 
capabilities are funded by our partnership with the Federal 
Government through grants that are critical to public safety in 
the Boston metro region.
    First and foremost, we are a strong proponent of community 
policing in our department. To keep our city safe, the police 
must build trust with residents in all the neighborhoods we 
serve through deliberate and consistent relationship building. 
These efforts are critical to preventing crime and terrorism. 
Indeed, community members will not report criminal or 
suspicious behavior if they don't trust the local police to act 
appropriately with the information. The Boston Police 
Department prioritizes partnering with stakeholders to address 
issues and solve problems. In addition, the BPD partners with 
mental health and social service programs to connect those at 
risk with services and support.
    Our department has strengthened our on-going engagement 
efforts and started community CompStat meetings in each of our 
11 police districts. The goal is to take a sense of empowerment 
and problem solving we get from the internal CompStat meetings 
and push it out into the community. Our Intelligence-Led 
Policing Model complements our community policing. It provides 
real-time intelligence and analysis to inform strategic 
decision making and deployment of resources with a focus on 
individuals driving crime and violence.
    This model is paying dividends in Boston. Overall, serious 
crime, Part I crime, have been going in a downward trend, 
declining more than 50 percent since 2005, which correlates 
with the establishment of our Boston Regional Intelligence 
Center, better known as the BRIC, that same year. Year to date, 
Part I offenses have declined 6 percent compared to 2022 and 6 
percent below a 5-year average.
    Annual shooting victim totals have fluctuated over the past 
10 years. In 2018, 2019, and 2021, our number has been 
historically low then. Then, like many other cities, total 
shooting victims reached a 10-year high in Boston in 2020. 
However, unlike other major cities, Boston saw a 28 percent 
decrease in 2021. In 2022, shooting victims totals declined an 
additional 8 percent to the lowest level since the 1950's.
    Despite the decline in crimes, firearm violence continues 
to be a concern. Aftermarket enhancement, like large-capacity 
magazines and sear switches, as well as the emergence of 
privately-manufactured firearms, better known as ghost guns, 
have exasperated the issues. Last year, with the assistance 
from our Federal partners, we investigated individuals 
manufacturing ghost guns and yielded firearm parts, 3D 
printers, and ammunition. The number of ghost guns recovered in 
2022 increased 79 percent from 2021.
    Overall, there was 24 percent increase in recovered crime 
guns between 2019 and 2022 in Boston. In 2022, approximately 10 
percent of crime guns recovered were reported stolen. Thirty-
three percent of those were from Massachusetts. The rest were 
from elsewhere. Repeat offenders account for a large portion of 
violence in our city. In 2022, 564 individuals were arrested on 
firearm charges. Forty-two percent had prior firearm arrests, 
with 102 of those arrested having 3 or more.
    The BRIC was established in 2005 to coordinate efforts with 
public safety participants in the Boston Urban Area Security 
Initiative, better known as UASI grant. It was created to 
reduce criminal activity and prevent and respond to terrorism 
in all its forms. DHS and the intelligence analyst personnel 
are instrumental to the intelligence-sharing and risk 
mitigations. DHS cybersecurity expertise has provided effective 
support in investigating ransomware attacks and other 
financially-motivated cyber crimes.
    I and many of our counterparts are concerned that level 
funding or decreasing grants is the potential here, and we are 
deeply concerned about that. Congress could assist law 
enforcement by increasing funding across Homeland Security 
Grant Program to include the UASI and consider broadening its 
applicability beyond terrorism to include threats traditionally 
mitigated by U.S. Department of Defense and the intelligence 
community.
    Federal investments in grant programs are vital, as are the 
assignments of DHS and the personnel assigned to its fusion 
centers. Without these resources, cities and towns are 
vulnerable, and I encourage Congress to continue to invest in 
these programs. Thank you for giving me this opportunity.
    [The prepared statement of Mr. Cox follows:]
                  Prepared Statement of Michael A. Cox
                              May 16, 2023
    Thank you Chairman Pfluger, Ranking Member Magaziner, Chairman 
D'Esposito, and Ranking Member Carter for the invitation to testify at 
this hearing alongside my fellow leaders in law enforcement. The 
Federal Government is a critical partner in public safety for local 
police departments, and I welcome the opportunity to be with you today 
to share the impact these partnerships are having in the city of 
Boston.
    The Boston Police Department (BPD) has a long history of proactive 
Community Policing combined with strategic deployment and focused 
interventions based on real-time analysis of crime data and 
intelligence. A substantial portion of our analytic capabilities are 
funded by the Federal Government through grants that are critical not 
only to public safety in Boston but to the entire Metro Boston region.
    First and foremost, I am a strong proponent of Community Policing 
and believe that in order to have a truly safe city, we must have the 
trust of the communities that we serve. Trust is achieved through 
deliberate and consistent relationship building over time between 
police and residents in all of our neighborhoods. The community is 
crucially important to preventing crime and terrorism. Indeed, 
community members will not report criminal activity or suspicious 
behavior if they don't trust the local police department to act 
appropriately with that information.
    BPD prioritizes building relationships with the community and 
partnering with stakeholders to address issues and solve problems. In 
addition, BPD partners with mental health and social service programs 
to connect those at risk with services and supports.
    Recently, one way the Department has sought to further strengthen 
our on-going efforts to engage directly with the community is by 
beginning to implement ``Community CompStat Meetings'' in each of the 
11 police districts. The goal of Community CompStat is to take the same 
sense of empowerment and problem solving from the Department's internal 
CompStat meetings out into the community. Rather than incorporating 
CompStat into any existing community meetings--which tend to focus on a 
variety of issues--the Department engages at the neighborhood level to 
address the unique issues facing each specific community. Additionally, 
these meetings provide an opportunity to familiarize the public with 
the good work done by the Department and to provide transparency and 
accountability through sharing data and analysis.
    The Boston Police Department's Intelligence-Led Policing Model 
complements Community Policing. Intelligence-Led Policing provides 
commanders with real-time synthesized intelligence and analysis to 
inform strategic decision making and deployment of resources to focus 
on the individuals and/or groups that are driving crime (or fear of 
crime) and violence in the city, while also targeting locations of 
concern.
    The combination of Community Policing and Intelligence-Led Policing 
is paying dividends in the city of Boston. Overall, serious crimes 
(i.e., ``Part I Offenses'' as defined by the FBI Uniform Crime 
Reporting Program) have followed a consistent downward trend in recent 
decades in our city, declining more than 50 percent since 2005--which 
correlates with the establishment of the Boston Regional Intelligence 
Center that same year. Year to date, Part I Offenses have declined 6 
percent compared to 2022 and are 6 percent below the 5-year average.
    Despite the decline in overall serious crimes, firearm violence 
continues to be a persistent concern in our city. Annual shooting 
victim totals have fluctuated significantly over the past 10 years, 
often spiking and dropping every other year. In 2018, 2019, and 2021, 
the number of total shooting victims were historically low. Following a 
pattern seen in other major cities, total shooting victims reached a 
10-year high in Boston in 2020; however, unlike other major cities, 
totals decreased 28 percent in Boston the following year. Last year, in 
2022, shooting victim totals declined an additional 8 percent, the 
lowest levels experienced since the 1950's.
    Violent crime in Boston continues to be largely driven by gang-
related retaliatory activity and by the continued availability of out-
of-State firearms. These issues have been exacerbated by increasing 
recoveries of firearms with aftermarket enhancements, like large-
capacity magazines and sear switches, and the emergence of privately-
manufactured firearms (PMFs). BPD officers recovered 695 crime guns 
from the streets of Boston in 2022, a 9 percent increase compared to 
the prior year and a 24 percent increase compared to 2019. 
Approximately 10 percent of crime guns recovered in 2022 had been 
reported stolen. Of those reported stolen, 33 percent were reported 
stolen from Massachusetts, 18 percent from Maine and 11 percent from 
Georgia.
    In 2022, BPD conducted several investigations into individuals 
manufacturing PMFs in Boston. Multiple firearm parts, 3D printers, and 
ammunition were recovered from these investigations. Privately-
manufactured firearm recoveries increased 79 percent from 2021, with a 
total of 104 recovered in 2022, accounting for 15 percent of the 
overall guns recovered in that time period.
    We continue to experience problems with firearm arrests for repeat 
offenders, which we know make up a very small percentage of our overall 
residents, but account for a large proportion of violence in our city. 
In 2022, 564 individuals were arrested on firearms charges; 42 percent 
had prior firearm arrests in Boston, with 102 of those arrested having 
3 or more prior firearm arrests.
    Another major trend we are experiencing in the city is an increase 
in juvenile offender involvement in firearm violence. Increasing 
numbers of firearms have been recovered from juvenile offenders in 
recent years, including 88 juveniles arrested in possession of a 
firearm in 2022. Firearm arrests of those under 17 increased by more 
than two-thirds in 2022 compared to 2021 and more than doubled 2020 
totals. Juvenile offenders also appear to be escalating from less 
serious property crime offenses to robbery and firearm violence over 
increasingly shorter time periods.
    The Boston Regional Intelligence Center (BRIC) is responsible for 
maintaining and preparing these statistics and analysis and drives 
BPD's Intelligence-Led Policing efforts. The BRIC is the cornerstone of 
BPD's data and intelligence analysis, information sharing, and 
counterterrorism efforts, and serves as a critical resource for the 
Metro Boston region.
    The BRIC was established in 2005 to coordinate efforts of the 9 
cities and towns in the Metro Boston region who receive Boston Urban 
Area Security Initiative (UASI) grant funding to reduce criminal 
activity and prevent terrorism. Since its inception, the BRIC has 
become a hub for public and private stakeholders in and around Boston 
for the collection and analysis of intelligence information and the 
investigation of homeland security-related criminal activities.
    Within the Boston Police Department, the BRIC plays an important 
role in aligning Intelligence-Led Policing with Community Policing. For 
several years, the BRIC has provided information on high-risk 
individuals for intervention and services through the State's Safe and 
Successful Youth Initiative. The BRIC also develops relationships with 
the networks of colleges and universities in Boston, as well as 
hospitals and faith-based organizations, for information sharing 
regarding public safety topics. Recently, the BRIC provided threat 
briefings to LGBTQIA+ groups and worked with Boston Children's 
Hospital, Catholic Churches, historically Black Churches, and Jewish 
community organizations to share information, mitigate threats, and 
complete investigations. The BRIC works to build trust with the 
community by providing important information to keep individuals 
informed and safe.
    The BRIC's analytical and investigative staff are co-located in a 
shared workspace within the Boston Police Department. Critical liaison 
personnel such as representatives from Boston Emergency Medical 
Services, Boston Fire Department, Department of Homeland Security 
Office of Intelligence & Analysis (DHS I&A), and Federal Bureau of 
Investigation's Boston Field Office are also assigned within the BRIC. 
The BRIC further partners with local law enforcement agencies, other 
first responders and the private sector operating throughout the Metro 
Boston region; Federal law enforcement and intelligence partners; and 
other State and major urban area fusion centers to prioritize, collect, 
analyze, produce, and disseminate actionable intelligence--often in 
real time.
    The importance of information sharing between Federal, State, and 
local law enforcement partners cannot be overstated, as this has proven 
critical to staying ahead of the threat environment. The national 
network of fusion centers, along with the network of intelligence 
commanders in major cities and counties, has established a critical 
foundation for information sharing about emerging threats to protect 
our communities. BPD's participation in the FBI's Joint Terrorism Task 
Force has been instrumental for assessing threats and collaborating on 
terrorism investigations to protect the city of Boston, the Metro 
Boston region, and the Nation.
    DHS I&A personnel assigned to the BRIC and the region have also 
proven instrumental in intelligence sharing and risk mitigation. These 
personnel have provided unique access to valuable resources, including 
trainings, threat briefings, classified systems, specialized expertise 
in areas such as cybersecurity and intelligence community reach-back 
for unique insights regarding threats that may impact our jurisdiction. 
The DHS Intel Officer assigned to the BRIC has provided cybersecurity 
expertise that enabled effective intelligence support to several 
incidents to include ransomware attacks targeting State and local 
government and critical infrastructure partner IT systems, business 
email compromises and other financially-motivated cyber crimes. The 
Intel Officer has also provided situational awareness of nation-state 
and advanced persistent threat actor campaigns targeting elections and 
helped us prepare accordingly to the heightened tensions during the 
early days following Russia's invasion of Ukraine. Furthermore, DHS I&A 
personnel have contributed to joint analytic production on topics and 
events of concern such as last year's U.S. Open Golf Championship, 
Boston Marathon, and countless other special events that occur in the 
Metro Boston region each year.
    Additionally, the BRIC and the Boston Police Department work 
closely with several DHS component Federal agencies to fulfill our 
public safety responsibilities. These agencies include: United States 
Coast Guard, United States Secret Service, Cybersecurity and 
Infrastructure Security Agency, Customs and Border Protection, Homeland 
Security Investigations, Transportation Security Administration, 
Science and Technology Directorate, Countering Weapons of Mass 
Destruction Office, and Federal Emergency Management Agency.
    Federal investment in local law enforcement through grants is 
crucial to crime prevention and terrorism prevention throughout the 
country.
    One significant investment that the city of Boston has made, in 
partnership with the U.S. Department of Homeland Security's (DHS) 
Countering Weapons of Mass Destruction Office (CWMD), regional law 
enforcement agencies and first responder agencies, is actively 
participating in the Securing the Cities (STC) program. The goal of 
STC-Boston is to build local capacity to find and intercept 
radiological or nuclear material before it can be used in a terrorist 
attack. This program augments local resources with Federal funding with 
the goal of detecting, deterring, and defending against terror attacks 
that use radioactive material. Working with public safety agencies 
throughout the Metro Boston region, STC-Boston will help build an 
enduring radiological detection network that integrates with other 
counter-terrorism initiatives already in place, such as the Boston 
Urban Area Security Initiative, Massachusetts State Police, Massport 
Police Department, Massport Fire Dept, and several other State and 
local first responder partners.
    Since joining the STC Program in 2020, Boston has received a total 
of $4,450,000 in funding. The most recent grant will provide the Metro 
Boston region with additional funding to provide equipment, training, 
and support in the detection and interdiction of illicit radioactive 
material.
    A second critical source of Federal funding is provided through 
UASI grants. These resources are indispensable to the city of Boston's 
capability to prepare, prevent, respond to, and recover from an act of 
terrorism in all of its forms. The investments received to date are 
utilized daily, whether it be personnel, equipment, software, or 
expertise gleaned through training, exercise, or networking events. 
UASI funding has allowed the BRIC to increase its human capital and 
technology capabilities to identify and mitigate both domestic and 
international threats to Boston's communities. The expertise and 
analysis provided by the BRIC is utilized to inform decision making by 
BPD and the Metro Boston region's public safety agencies each and every 
day.
    Perhaps most notable, UASI provided resources to purchase tactical 
equipment and training that literally saved the lives of police 
officers in BPD's Special Operations Division. For example, in November 
2021, an armed barricaded subject, who had threatened the lives of 
family members, shot several BPD officers through a door. These 
officers sustained serious, but thankfully not life-threatening, 
injuries. Ballistic shields, ballistic vests, ballistic helmets, and an 
under-door camera system purchased with UASI funding protected the 
officers and ultimately saved their lives. This is just one example of 
how these capabilities protect BPD personnel and allow officers to 
respond safely and effectively to the dangers presented by the current 
threat landscape.
    Historically, Metro Boston has ranked within the 15 highest-risk 
UASI regions. For UASI 2023, Boston's risk ranking increased from No. 
12 to No. 11, yet the region is eligible to receive $200,000 less in 
the total allocation compared to last year. This decrease in funding is 
problematic because the Boston region has maximized its annual 
expenditure and has remained largely in a capability sustainment mode, 
despite increasing expectations for homeland security-related 
responsibilities. I and my counterparts are concerned that this may be 
indicative of the beginning of a trend of declining homeland security 
funding, while homeland security demands are rapidly increasing.
    The terrorism threat landscape has grown substantially broader 
through various forms of violent extremism. Additionally, national 
security threats from nation-state actors and their proxies managing 
aggressive campaigns to sow seeds of discord in our communities through 
mis/dis/mal information, cyber attacks, and counterintelligence threats 
require more from our intelligence professionals, investigators and 
front-line officers to protect our communities. These are issues that 
our Nation's first responders have not traditionally dealt with and, as 
a result, we require more training, more personnel, more embedded 
analytical experts, and more technical capabilities to mitigate these 
threats.
    A significant way that Congress could assist law enforcement would 
be to increase funding across the Homeland Security Grant Program--to 
include UASI--and consider broadening its applicability beyond just 
``terrorism'' to include other threats traditionally mitigated by the 
U.S. Department of Defense and intelligence community.
    Federal investments in the UASI and STC grant programs are vital to 
local efforts to prevent and mitigate potential threats, as are the 
assignment of DHS I&A personnel to fusion centers. Without these 
important resources cities and towns are vulnerable to individuals and 
groups intent on inflicting harm. I encourage Congress to continue to 
invest in these important programs.
    I want to thank the committee again for the opportunity to share 
what we are doing in Boston. I believe our model of community policing 
combined with intelligence-led policing is working as evidenced by the 
data. This successful model would not be possible without the 
significant and important Federal investments that have been made in 
the Boston Police Department by the Department of Homeland Security. 
Federal partnerships with, and investments in, local and State police 
departments are vital to the safety and security of the United States.

    Chairman Pfluger. Thank you, Commissioner Cox. I now 
recognize Mr. Mangual for his opening statement of 5 minutes.

STATEMENT OF RAFAEL MANGUAL, SENIOR FELLOW AND HEAD OF RESEARCH 
POLICING AND PUBLIC SAFETY INITIATIVE, MANHATTAN INSTITUTE FOR 
                        POLICY RESEARCH

    Mr. Mangual. Thank you, Chairman Pfluger, Chairman 
D'Esposito, distinguished Members of the committee. I want to 
thank you all for the opportunity to testify in a matter of 
great importance. The law enforcement community is facing many 
challenges, but two that stand out the most, particularly in 
and around major cities, are the challenges of responding to a 
real increase in crime at a time in which many agencies are 
struggling with officer recruitment and retention. In other 
words, in many parts of the country, police are being asked to 
shoulder a much bigger burden with respect to crime and 
disorder, and they're being asked to do so with fewer and/or 
less experienced officers.
    In 2019, the Police Executive Research Forum, PERF, 
surveyed its member agencies on this issue. Only 12 percent 
reported not facing a shortage of full-time sworn personnel, 
while a plurality, 41 percent of respondents, reported that 
their shortages had increased over the prior 5 years. A 2021 
follow-up survey reported a 5 percent decline in the hiring 
rate and an 18 percent increase in the resignation rate, as 
well as a 45 percent spike in the retirement rate relative to 
the prior year. The largest agencies in that set bore the brunt 
of these trends.
    In between these 2 years, the United States saw a 30 
percent spike in homicides, the largest ever 1-year increase in 
at least a century. While a more recent PERF survey showed an 
increase in police hiring rates in 2022, the increase was 
outpaced by resignations and retirements, driving a continued 
overall decline in total staffing. Even if hiring kept up in 
departments, they would nevertheless have to contend with the 
decline in the median experience levels of their officers as 
retirees and resignees take their institutional and practical 
knowledge with them.
    Add to this mix the understandably heightened level of 
scrutiny police now face, as well as the often-indefensible 
vitriol hurled at police as an institution, and you exacerbate 
all of the issues that flow from these challenges by sapping 
the morale of the officers that remain to face this all-
important task. This is not a recipe for success. Addressing 
these issues by helping to reinforce American police 
departments should be considered a top priority by Congress 
because it will reduce crime. But it may also help send a 
message to an embattled institution, one that says, we are 
behind you, at a time in which cops need to hear that probably 
more than ever.
    Now, the body of evidence that can be marshalled in support 
of a large-scale effort to add to the ranks of America's police 
departments is overwhelmingly strong and robust. Indeed, one of 
the most consistent findings in the criminological literature 
is that more police means less crime and vice versa. Moreover, 
the police recruitment and retention crises are ones that the 
Federal Government is actually well-positioned to address by 
funding the hiring of new recruits, as well as funding 
incentive programs aimed at retaining senior officers and 
investigators.
    Now, because the impact of such expenditures will turn on 
how well police perform, which in turn depends in significant 
part on how well they understand the problems that they face in 
their respective jurisdictions, the need for more and better 
data on crime and enforcement trends is particularly 
pronounced, especially in light of the very poor transition 
from the Uniform Crime Reports to the National Incident Based 
Reporting System. This need for data to inform how police can 
put their limited resources to their highest end uses 
highlights other opportunities for meaningful Federal 
interventions aimed at funding and incentivizing more granular 
data collection.
    Now, Congressional efforts to boost police hiring to 
accelerate the growth of the body of research that will be 
essential to deepening our collective understanding of what 
works with respect to crime control and related outcomes are 
two of just five important recommendations laid out in a recent 
Manhattan Institute report authored by my colleague Charles 
Fain Lehman. Rounding out his list of recommendations are the 
following: using money to rehabilitate failing prisons and 
jails with a carrot-and-stick approach; creating and 
propagating national standards for criminal case processing, 
which often takes far too long; and upgrading our national data 
infrastructure, especially by creating a national sentinel 
cities program.
    Now, these ideas have enormous potential to do good by 
improving the quality of the services that our Nation's 
criminal justice systems were established to provide, thereby 
enhancing the most precious public commodity that we have, 
public safety. With respect to implementation, recent Federal 
initiatives can offer some meaningful insight into how such 
efforts might be structured. Examples include Operation 
Stonegarden, which directed Federal funds toward State and 
local law enforcement agencies participating in a joint effort 
with the Department of Homeland Security to help secure our 
borders. The Community Oriented Policing Services Program, 
which helped fund State and local law enforcement agency 
hiring, among other initiatives.
    I'll close by noting that I'm encouraged by these 
committees' interest in assisting State and local law 
enforcement agencies facing one of the more challenging 
outlooks in a generation. As Thomas Payne noted in his famous 
pamphlet, Common Sense, security is the true design and end of 
government. The provision of public safety is therefore the 
most important of governmental functions that this body can 
help serve. I hope that you will consider the recommendations 
that I have made with respect to how Congress might go about 
that important mission, and I look forward to your questions. 
Thank you.
    [The prepared statement of Mr. Mangual follows:]
                Prepared Statement of Rafael A. Mangual
                         Tuesday, May 16, 2023
    Chairmen Pfluger and D'Esposito, distinguished Members of the 
committees, I want to thank you for the opportunity to testify on a 
matter of great importance.
    The law enforcement community is facing many challenges, the most 
significant of which--particularly in and around major cities--involve 
responding to a real increase in crime at a time in which many agencies 
are struggling with officer recruitment and retention. In many parts of 
the country, police are being asked to shoulder a much bigger burden 
with respect to crime and disorder, and they're being asked to do so 
with fewer and/or less-experienced officers.
    In 2019, the Police Executive Research Forum (PERF) surveyed its 
member agencies on this issue. Only 12 percent reported not facing a 
shortage of full-time sworn personnel; a plurality of respondents 
reported that their shortages had increased over the prior 5 years.\1\ 
A 2021 follow-up survey reported a 5 percent decline in the hiring 
rate, an 18 percent increase in the resignation rate, and a 45 percent 
spike in the retirement rate, relative to the prior year.\2\ The 
largest agencies bore the brunt of these trends. And while a more 
recent PERF survey showed an increase in police hiring in 2022, the 
increase was outpaced by resignations and retirements, driving a 
continued overall decline in total staffing. Even if hiring kept up, 
departments would nevertheless have to contend with the decline in the 
median experience levels of their officers, as retirees take their 
institutional and practical knowledge with them.
---------------------------------------------------------------------------
    \1\ https://www.policeforum.org/assets/WorkforceCrisis.pdf.
    \2\ https://www.policeforum.org/workforcesurveyjune2021.
---------------------------------------------------------------------------
    Add to this mix the understandably heightened level of scrutiny 
police now face, as well as the (often-indefensible) vitriol hurled at 
police as an institution, and you exacerbate all of the issues that 
flow from these challenges by sapping the morale of the officers facing 
this all-important task. This is not a recipe for success.
    Congress should consider addressing these issues a top priority 
because reinforcing American police departments will reduce crime. But 
it may also help send a message to an embattled institution, saying 
``we're behind you,'' at a time in which cops need to hear that more 
than ever.
    The body of evidence that can be marshalled in support of a large-
scale effort to add to the ranks of America's police departments is 
overwhelmingly robust. Indeed, one of the most consistent findings in 
the criminological literature is that more policing means less crime 
(and vice versa).\3\
---------------------------------------------------------------------------
    \3\ See this small sampling of studies (including high-quality 
randomized control trials) illustrating the benefits of hiring 
additional police, spending more on policing, and expanding police 
presence and proactivity (especially in crime hot-spots): https://
papers.ssrn.com/sol3/papers.cfm?abstract_id=461280 (showing significant 
crime declines in Washington, DC, caused by boosts in police presence 
in response to changes in the terror threat level); https://
www.law.upenn.edu/live/files/8949179jrss831pdf (showing that expanding 
police patrols outside the University of Pennsylvania led to an 
estimated crime decline of 43 percent-73 percent); https://
eml.berkeley.edu/?jmccrary/chalfin_mccrary2018.pdf (documenting a 
return of $1.63 on every additional dollar spent on policing in 2010); 
https://www.researchgate.net/publication/
283878402_Do_Stop_Question_and_Frisk_Practices_Deter_Crime_Evidence_at- 
_Microunits_of_Space_and_Time (finding significant crime declines 
resulting from discretionary stops conducted in crime hotspots in New 
York); https://www.nber.org/papers/w27324 (showing significant increase 
in crime in the wake of abrupt declines in the volume of police 
activity in five cities (declines driven by pattern and practice 
investigations initiated by the Federal Government)); https://
media4.manhattan-institute.org/pdf/cr_22.pdf (a causal analysis finding 
that police in New York City prevented more than 60,000 violent crimes 
between 1989-1998); https://www.princeton.edu/?smello/papers/cops.pdf 
(finding significant crime reduction effects resulting from COPS hiring 
grants); https://journals.plos.org/plosone/article?id=10.1371/
journal.pone.0157223 (finding sharp declines in crimes resulting from 
police surges in New York City); https://www.aeaweb.org/
articles?id=10.1257/aeri.20200792 (finding that ``Each additional 
police officer abates approximately 0.1 homicides.''); https://
www.aeaweb.org/articles?id=10.1257/aeri.20200792 (finding a strong 
effect of reductions in response times on crime, such that ``hiring an 
additional response officer would generate a benefit, in terms of 
future crime prevented, equivalent to 170 percent of her payroll 
cost.''); https://www.nber.org/system/files/working_papers/w12202/
w12202.pdf (finding that police arrest and stop activity (as well as 
sentence lengths) decline in the wake of arbitration losses, driving 
crime increases relative to instances in which the arbitration fights 
are won by the police unions studies); https://www.researchgate.net/
publication/233374127_The_Effects_of_Hot_- 
Spots_Policing_on_Crime_An_Updated_Systematic_Review_and_Meta-Analysis 
(a meta analysis finding that both hot spots and problem-oriented 
policing strategies reduce crime).
---------------------------------------------------------------------------
    Moreover, the police recruitment and retention crises are ones that 
the Federal Government is well-positioned to address by funding the 
hiring of new recruits, as well as incentive programs aimed at 
retaining senior officers and investigators. The example of the police 
funding component of the 1994 Crime Bill is one that this body can 
build on, with one important modification: Resources for hiring should 
be allocated to the agencies facing the largest deficits and/or the 
highest levels of serious crime. A comprehensive effort to use the 
spending power to help fill the police staffing gap should reflect an 
assessment of how to maximize the impact such expenditures will have on 
crime. Moreover, as I recommended in two 2021 Manhattan Institute Issue 
Briefs, such an effort would also present an opportunity to experiment 
with efforts to incentivize the hiring of police recruits with higher 
levels of educational attainment.\4\
---------------------------------------------------------------------------
    \4\ See, https://manhattan.institute/article/ideas-for-the-new-
administration-criminal-justice and https://manhattan.institute/
article/a-public-safety-and-policing-plan-for-nycs-next-mayor.
---------------------------------------------------------------------------
    Because the impact of such expenditures will turn on how well 
police perform--which depends in part on how well they understand the 
problems they face in their respective jurisdictions--the need for more 
and better data on crime and enforcement trends is particularly 
pronounced. This is especially true in light of the poorly-executed 
transition from the Uniform Crime Reports (UCR) to the National 
Incident-Based Reporting System (NIBRS). This need for data to inform 
how police can put their limited resources to their highest end uses 
highlights other opportunities for meaningful Federal interventions 
aimed at funding and incentivizing more and more-granular data 
collection, as well as at funding additional criminal justice-related 
research. Congressional efforts to boost police hiring and to 
accelerate criminological research are two of five important 
recommendations laid out in a recent Manhattan Institute report 
authored by my colleague, Charles Fain Lehman. Rounding out that list 
are:
   Rehabilitate failing prisons and jails with a carrot-and-
        stick approach;
   Create and propagate national standards for criminal case 
        processing; and
   Upgrade our data infrastructure, including by creating a 
        national ``sentinel cities'' program.\5\
---------------------------------------------------------------------------
    \5\ https://manhattan.institute/article/modernize-the-criminal-
justice-system-an-agenda-for-the-new-congress.
---------------------------------------------------------------------------
    These are ideas that have enormous potential to do good by 
improving the quality of the services our Nation's criminal justice 
systems were established to provide, thereby enhancing the most 
precious public commodity: public safety.
    With respect to implementation, recent Federal initiatives can 
offer some meaningful insight into how such efforts might be 
structured. Examples include:
   Operation Stonegarden, which directed Federal funds toward 
        State and local law enforcement agencies participating in a 
        joint effort with the Department of Homeland Security to help 
        secure our borders;\6\
---------------------------------------------------------------------------
    \6\ https://www.congress.gov/congressional-report/116th-congress/
senate-report/212/1.
---------------------------------------------------------------------------
   Community Oriented Policing Services (COPS) Program, which 
        helped fund State and local law enforcement agency hiring 
        (among other initiatives);\7\
---------------------------------------------------------------------------
    \7\ https://crsreports.congress.gov/product/pdf/IF/IF10922.
---------------------------------------------------------------------------
   Urban Area Security Initiative, which helped fund terrorism 
        preparedness efforts in major cities;\8\
---------------------------------------------------------------------------
    \8\ https://uscode.house.gov/
view.xhtml?req=(title:6%20'section:604%20edition:prelim).
---------------------------------------------------------------------------
   ``1033 Program'', which provided State and local law 
        enforcement agencies with surplus military equipment that 
        ranged from rifles and body armor to vehicles and night-vision 
        goggles.\9\
---------------------------------------------------------------------------
    \9\ https://www.dla.mil/Disposition-Services/Offers/Law-
Enforcement/Program-FAQs/.
---------------------------------------------------------------------------
    I will close by noting that I am encouraged by these committees' 
interest in assisting State and local law enforcement agencies facing 
one of the more challenging outlooks in a generation. As Thomas Paine 
noted in his famous pamphlet, Common Sense, ``security'' is ``the true 
design and end of government.''\10\ The provision of public safety is 
therefore one of the most important governmental functions this body 
can help serve. I hope that you will consider the recommendations I 
have made with respect to how Congress might go about that important 
mission, and I look forward to your questions.
---------------------------------------------------------------------------
    \10\ https://billofrightsinstitute.org/primary-sources/common-
sense.
---------------------------------------------------------------------------
    Thank you.

    Chairman Pfluger. Thank you, Mr. Mangual. Members will now 
be recognized by order of seniority for their 5 minutes of 
questioning. An additional round of questioning may be called 
after all Members have had the opportunity to be recognized. I 
now recognize myself for 5 minutes of questioning.
    I would like to thank all of you for your service, for 
being here, for telling us your own community's needs, 
experiences, and how we can better come together. I want to 
push back on something that we just heard from some of our 
opening statements. We had 26,031 homicides in 2021, and this 
is on the CDC's website. The rate of hate crimes in those 
homicides was .0008 percent.
    So, Commissioner Cox, congratulations on, you know, 
bringing the crime rate down. I think what you have done is 
remarkable in Boston. You know, I have got the data here this 
year looking at 588 aggravated assaults. You compare that to 
New York City, 8,901 in New York City. Eight thousand nine 
hundred one in a soft-on-crime locality where aggravated 
assaults are there. So, would you say that most of the 588 
aggravated assaults are white supremacy-related?
    Mr. Cox. I would say that there's no correlation. Well, you 
know what? I don't know without the data on that, but----
    Chairman Pfluger. But, I mean, is that consistent with the 
homicide rate, the aggravated assault rate that it is extremely 
low?
    Mr. Cox. There's no correlation I know of right now between 
white supremacist and the data.
    Chairman Pfluger. This notion that we hear, let's focus on 
violent crime and the violent crime offenders. Let's focus on 
making sure that we actually take care of business. So, I 
needed to push back on that because what we have just heard is 
that the numbers aren't matching up.
    Chief Gerke, I want to talk about fentanyl a little bit. 
You know, you have identified that fentanyl is one of the 
greatest harms in Odessa, Texas, and the surrounding area. 
Since 2019, fentanyl-related deaths among Texans have increased 
500 percent. What is the greatest challenge you face in 
preventing fentanyl deaths and trafficking of fentanyl?
    Chief Gerke. Really that's easy. It's keeping them from my 
community. You know, once they get into the community, it's 
very difficult to root them out. Again, it's heartbreaking to 
see that a lot of these, the fentanyl overdoses and deaths are 
concentrated on young people.
    Chairman Pfluger. How difficult is it, the open border 
policies that we have, how difficult is that on Odessa, Texas?
    Chief Gerke. Well, you know, as far as I'm concerned, it 
seems like there's just a sieve, those narcotics. We're not 
just talking about fentanyl. We're talking about all narcotics. 
Particularly in Odessa, I think our most predominant narcotic 
is probably methamphetamine use.
    Chairman Pfluger. Can you talk to us about human 
trafficking and the effect that that has had on your community?
    Chief Gerke. Absolutely. Well, you know, you get calls 
about safe houses constantly. You respond to those things you 
see constantly, get calls. I know just over some time last 
week, we worked a prostitution sting and actually recovered two 
Chinese nationals who were trafficked. So, yes, it's an on-
going problem I would think in Odessa, but I would also think 
all over the State of Texas and probably all over the Southern 
Border.
    Chairman Pfluger. Thank you for your service to Odessa, 
Texas, you know, for the shining example of what you've done 
over the last 26 years and now leading that department.
    Sheriff Barnes, thank you for your testimony. You know, I 
took a couple of notes, and you talked about how California is 
an example and a warning of how not to be. What I would like to 
focus on is you described how the consequences for crime have 
eroded over the last decade while law enforcement authorities, 
you know, are struggling to keep communities safe. Could you 
kind-of tell the community or the committee here specific 
examples of when policy changes have tied your department's 
hands and not allowed you to have those consequences?
    Sheriff Barnes. Sure, and I'll try to go fast. So, over the 
course of the last decade, starting in 2011, was Assembly Bill 
109, the State prison realignment. Anybody sentenced to prison 
for non-violent, non-serious, non-sex acts are now being housed 
for their time in county jails, not designed for long-term 
incarceration. That resulted in a large impact on my facility 
because our staff is not designed to house people for years and 
they're very non-compliant. Two-thousand-fourteen, we had a 
bill passed, Prop 46, that resulted in the largest 
decriminalization of crime in the State, drug crime and 
property crime. Those people are now not serving sentences as 
they would before. Then we have Prop 57--I'm sorry--Prop 47, 
Prop 57, mass decarcerations at the Federal prison--State 
prison system that with SB54 prohibiting us acting with ICE on 
immigration holds, except for very high-level offenders. 
Oftentimes them not getting picked up by ICE because they don't 
have the resources to do that.
    All of these have manifested into a large decarceration 
effort. I'll add that the last 5 peace officers killed in 
California were killed by violent felons who should have been 
in custody and were early released or pending sentencing on 
crimes that they accessed to guns that they should not have 
had. It's not the guns. It's the people getting possession of 
guns, the criminals getting possession of guns that create the 
greatest threat to our country.
    Chairman Pfluger. Sheriff, thank you. We support you. We 
love everything that all of you do to keep our community safe. 
My time has expired. I recognize the Ranking Member for his 5 
minutes of questioning.
    Mr. Magaziner. Thank you, Chairman. I thank all of our 
witnesses as well. This is a serious topic, and I think we owe 
it to our constituents back home to focus on solutions and not 
partisan mudslinging. With solutions in mind, I want to focus 
on the experience in Boston because the data is clear. Crime of 
all categories down more than 50 percent since 2005. Violent 
crime down by a similar number. As was stated during 
Commissioner Cox's opening statement, shootings last year, the 
lowest they've been since the 1950's. So, I want to learn from 
you, Commissioner Cox, because you've been in Boston for 30 
years as a sworn officer. What has worked? What would you 
attribute those successes to? What can other parts of the 
country learn from your example?
    Mr. Cox. Thank you. Well, as I started off as saying that 
Boston police has operated within a community policing model 
for a long period of time. You know, not only do we practice 
that around building trust with our community, but we partner 
with everyone, including the Federal Government, including 
Homeland Security. We've gotten a lot of grant funds and things 
of that nature to actually give us the data and technology to 
maybe, you know, to build it further from maybe 20 years ago 
around data and technology.
    So, partnership and actually acknowledging that we can't 
solve it alone from a law enforcement perspective. There needs 
to be certainly a component where partnership with the 
community and the public and actually a place and role for our 
partners to do things that we can't to address the issues that 
might be driving the violence around us. You know, whether it's 
helping people find jobs, helping them with substance abuse, 
things of that nature, helping those families that have 
traditionally been maybe involved in some of this, helping them 
get out of that cycle of poverty and things of that nature.
    So, I mean, we've done a lot over a long period of time, 
but, you know, we're constantly working to make sure we 
continue to do that. By also making sure that we're not alone. 
I think we've understood the fact is that law enforcement is 
not the total cure for this. We need others to partner. 
Everyone from the judicial, to, you know, probation, to, you 
know, the schools, everyone in our community needs to partner 
around taking public safety seriously. We are just more or less 
the educator of if you're going to do it, this is how we're 
going to do it together.
    Mr. Magaziner. Well, thank you for sharing that. I think 
this emphasis on community policing, which you are right, 
Boston has been doing for decades, is a lesson well-learned. It 
also so happens that Massachusetts has some of the toughest gun 
safety laws in the country. So, can you speak to the 
relationship there? Do you feel that the gun safety laws that 
have been passed in Massachusetts to keep firearms out of the 
hands of dangerous individuals, have made your job easier and 
have protected the lives of the men and women who you lead?
    Mr. Cox. Thank you for that. Yes, we do have some of the 
toughest laws in the country in that way. However, you know, 
our experiences, you know, and I think I put out some stats 
that for the most part, most of the guns are coming from 
elsewhere throughout the United States around that. Then 
obviously, the ghost gun phenomenon that's occurring. So, you 
know, certainly the violent crime that we do have and the gun 
arrests and things that we have are usually driven by guns 
elsewhere around that. So, it doesn't seem to be any shortage 
of them. No matter how many arrests that we have, we continue 
to have more. Seeing younger and younger people with guns, you 
know, which is a little disturbing.
    Mr. Magaziner. I would argue that that speaks to the need 
for a Federal approach when it comes to gun safety legislation 
and not just a patchwork approach as we have had since the 
expiration of the assault weapons ban.
    We only have a minute left in my questioning. It's now the 
10-year anniversary of the Boston Marathon bombing. As our 
subcommittee is charged with counterterrorism, can you speak to 
the lessons learned from that experience, and particularly the 
importance of Federal and local information sharing through 
fusion centers?
    Mr. Cox. Absolutely. First of all, we're very appreciative 
of all our Federal partners in the sense that from a local 
perspective, you know, in Boston, at least, we can't have, you 
know, have all the knowledge it takes, the work it takes, and 
intel it takes to understand what's going on elsewhere 
throughout the country, never mind outside the United States. 
So, the partnerships and the intel that we have from 
particularly Homeland Security and FBI are very, very 
important. So, we can actually help our community stay safe 
internally here, you know, since there is a bit more of a trend 
around, you know, domestic terrorism, if you want to use that 
term. Just having information on who people are coming into our 
city before they get there, that is very valuable. So, we can 
share it with our, you know, faith leaders and groups that 
might be impacted by those.
    This helps us build trust so we keep those ties with the 
community we serve, so we can get people to see something and 
say something, because we're providing some information about 
what's going on so they can feel safe. Part of our job is not 
only to deal with crime, but fear of crime. The partnerships 
that we have, particularly with the Federal Government and the 
grants that you do give us the ability to actually provide that 
education to keep the trust.
    Mr. Magaziner. Thank you, Chairman. Thank you, 
Commissioner.
    Chairman Pfluger. Thank you. The gentlemen's time has 
expired. I now recognize Chairman D'Esposito for his 5 minutes 
questioning.
    Chairman D'Esposito. Well, thank you, Mr. Chairman, and to 
the witnesses, thank you again for being here and for your 
service. I am going to start with Sheriff Barnes. I am a firm 
believer in community policing. I am a firm believer as well in 
the broken windows theory, where you focus on minor crimes and 
it will reduce major crime. It was a policy of New York City 
during Commissioner Kelly's tenure, and it is something that I 
think truly and dramatically changed the face of New York City.
    When I talk about violent crime and we talk about violent 
crime, I think we know the issues that are plaguing the 
communities. But I think what we need to focus on is that when 
we want to talk about community policing and we want to talk 
about the fact that that has helped in reducing crime in cities 
and counties and towns throughout this country, community 
policing is a buy-in. It is a buy-in between law enforcement. 
It is a buy-in between prosecutors. It is a buy-in between 
stakeholders. When one of those parts aren't bought in, the 
community, policing falls apart.
    So, I believe that small business is, well, really all 
business, but definitely small business is the lifeblood of our 
communities. One of the things that you talked about in your 
testimony has nothing to do with violent crime, but I think it 
tells such a story. You said that there was $94.5 billion in 
retail theft throughout this country, the largest in 
California. I am sure New York is probably right behind. When 
we talk about community policing and we talk about failed 
policies, the failure to prosecute, we have literally allowed 
minor crimes, right? People often roll their eyes and say, you 
are fear-mongering. This is petty theft. Well, I don't believe 
that anybody who owns one of those stores that were victims of 
that $94.5 billion thinks that this is petty.
    So, I guess my question to you is I think I know the 
answer, but it seems that we have some differing opinions up 
here. How do you think that this needs to change? How do we 
help solve this problem? Because $94.5 billion is a huge sum of 
money. I guarantee you that there are business owners 
throughout this country who have literally shut their doors, 
Main Streets that are shuttered because of the crime that we 
have allowed to occur in communities throughout this Nation.
    Sheriff Barnes. Thank you, Chairman, for that question. 
You're absolutely right. Unfortunately, in California, going 
back to Prop 47 that decriminalized property crime from 
felonies to misdemeanors resulted in exactly theft holidays. I 
believe I agree with you that the small family-owned stores 
suffered the most initially. Now what we're seeing are large 
businesses, the Walmarts, the Targets, the CVS, they have the 
biggest voices. All these other mom-and-pop shops as reporting, 
they are a single voice. But now that these larger corporations 
are being impacted, we're seeing the outcome of these bad 
policies in very urban areas. In San Francisco recently, we had 
Nordstrom's leave. CVS has left. Others have vacated that city. 
I think we're starting to see a trend of, these are 
corporations, they're for profit. If they don't make money, 
they will leave. When we're seeing that happen in major urban 
areas that have enacted bad public policy over the last several 
years.
    Chairman D'Esposito. Going back home where Mr. Mangual and 
I live, I mean, there are CVSs and other stores, big stores 
that have removed the shopping, you know, the things that you 
carry out to put stuff in, because they don't want people just 
filling them up and walking out the door with them. That's not 
the America that we once created.
    Commissioner Cox, I just want to go to guns for a minute. 
You may not have this information. We were told that your State 
has some of the strictest gun laws in the country. How many 
guns were recovered by the Boston Police Department in 2022?
    Mr. Cox. I can't say precisely, but I would say goodness 
gracious, around 700 or 800.
    Chairman D'Esposito. OK. Out of those 700 or 800 firearms 
that were recovered, how many of them were assault weapons?
    Mr. Cox. I couldn't give it to you with the, you know, 
with----
    Chairman D'Esposito. If you had to say, is it 10 percent, 
is it 50 percent, is it 80 percent, is it 0 percent?
    Mr. Cox. I would definitely not say it was 80 percent, but 
I would say, you know, there were a number of them.
    Chairman D'Esposito. Was it half?
    Mr. Cox. I would have to look at the----
    Chairman D'Esposito. The amount of shootings that you had 
in Boston, how many of those shootings, how many shootings did 
you have in Boston?
    Mr. Cox. For 2022, non-fatal shootings.
    Chairman D'Esposito. No shootings in general, non-fatal and 
homicides?
    Mr. Cox. So, let's see 2022, we had, this chart only gives 
me year-to-date for a time period. It's not the whole year.
    Chairman D'Esposito. OK. So, just real quick, because my 
time has expired. Non-fatal shootings and homicides, how many 
do you think of those non-fatal shootings and homicides were 
occurred with the use of an assault weapon?
    Mr. Cox. Yes, that I couldn't tell you because those are 
the ballistics.
    Chairman D'Esposito. Is it minimal? Is it half? Is it 80 
percent? Or is it zero?
    Mr. Cox. I would say it would be on the lower end of it, 
but----
    Chairman D'Esposito. OK. It is on the lower end of it?
    Mr. Cox. I would say, but I can't----
    Chairman D'Esposito. Right. So, illegal handguns are the 
majority of the violence that is occurring in our communities.
    Mr. Cox. Illegal handguns, but the fact is there are quite 
different kinds. So, you have to match up ballistics evidence 
in that and I don't want to do those----
    Chairman D'Esposito. I understand that. But my point is 
that illegal handguns are what is killing people in this 
country.
    Mr. Cox. Yes.
    Chairman D'Esposito. Mr. Chairman, I yield back.
    Chairman Pfluger. The gentleman's time has expired. The 
Chairman now recognizes the gentleman from Louisiana, Mr. 
Carter for 5 minutes of questions.
    Mr. Carter. Mr. Chairman, thank you very much. Ranking 
Member Thompson mentioned in his opening statement about 
domestic violence and the--domestic terrorism, rather, and the 
issue with racially-motivated threats and white supremacy. 
Chairman Pfluger suggested or challenged that assertion. I want 
to turn your attention to this report that was done January 
2020 by the Texas Department of Public Safety, which says, 
domestic terrorism poses a persistent and varied threat to the 
State of Texas. It further goes on to say that based on the 
prevalence of recently-conducted attacks Nation-wide, white 
racially-motivated, or WRM, is currently the most violent 
active domestic terrorism type.
    Mr. Chairman, I would like unanimous consent to add this to 
the record for the purposes of having everyone the opportunity 
to review these statistics, to know that just because we don't 
like it, because we don't want to talk about it, doesn't make 
it go away. We see the rise of white supremacy and the violence 
that's acted out on the streets of America every day. I'd like 
to----
    Chairman D'Esposito. So ordered, Mr. Ranking Member.*
---------------------------------------------------------------------------
    * The information has been retained in committee files and is also 
available at https://www.dps.texas.gov/sites/default/files/documents/
director_staff/media_and_communica- tions/2020/
txterrorthreatassessment.pdf.
---------------------------------------------------------------------------
    Mr. Carter. Thank you very much. I want to reiterate 
something I mentioned in my opening remarks. I am grateful for 
law enforcement the great work that you do, for the great 
officers. We know that there are good ones, and we know that 
there are bad. We want to make sure that we protect and provide 
resources so our good police officers are able to protect and 
serve all communities. But we know that there are things that 
make it difficult for you to work.
    We talk about and during particularly during this week of 
Police Week, we talk about things that we are asking you to do 
better. Yet, we aren't doing anything that would make your 
lives safer when you go out to apprehend a villain. We know 
that in many States we see the repeal of carry permits so 
people can get firearms without carry. We know that in many 
States, the duty to inform has been removed from the process of 
those who are having concealed carries without permit. Can you 
talk about common gun, common-sense gun safety reform, and what 
it means, and what it would mean to you and your colleagues, 
Commissioner Cox? We know that if we had more common-sense gun 
measures, it will make a difference. Can you share with me your 
view?
    Mr. Cox. So, I mean, I can only speak for Boston----
    Mr. Carter. I only asked you about Boston.
    Mr. Cox [continuing]. In that way. Our gun laws are fairly 
strong. So, you can't get a firearm if you, you know, certainly 
have a record of that sort or certainly an open domestic 
violence case, or any type of conviction for the most part, or 
we have any other information that would indicate, and I have 
the discretion that, you know, you would potentially put people 
in harm's way around that stuff. From our perspective, I think 
that the gun laws that I have certainly in the city of Boston, 
you know, are fairly strong and addresses the issues. The 
issues that we have is guns from other places that come in and 
the fact that youth have these guns and the easy access of 
guns. That's the issue that, you know, certainly that we see 
and face of how, you know, the flow of them and the easy access 
of them.
    For the most part. We're not having an issue, certainly 
locally where people are applying for license and doing things. 
So, our region might be a little different. So, it is hard for 
me to speak about another region on that one.
    Mr. Carter. Let me shift gears for a second. The mass 
shooting at Covenant Schools in Nashville, Tennessee took the 
lives of 6, including 3 children, on March 27 brought this 
year's school shooting count to 89, with 75 total victims 
injured or killed. Next week, we will mark 1 year since the 
massacre at Robb Elementary in Uvalde, Texas, which left 19 
children and 2 teachers dead. I am outraged by the lack of will 
of my colleagues on the other side to do more to protect their 
children. Unfortunately, victims, their families, and law 
enforcement directly feel the impact of these shootings. Since 
Republicans refuse to support common-sense laws to protect 
children, and their families, law enforcement, can you talk 
about how local law enforcement has adjusted to the threats 
posed by military-style weapons being used to target our 
children in our Nation's schools, Commissioner Cox?
    Mr. Cox. So, again, certainly making sure that people that 
struggle with mental health issues don't have, you know, access 
to guns or permits and things of that nature. You know, we 
locally are partnering with schools in general to make sure 
schools are prepared around active-shooter situations, the 
faculty, and things of that nature. But, you know, certainly 
looking out as a citizen, looking out in the big world, and 
seeing that these, you know, mass shootings in general, the 
increase of them, and then looking at the profile of some of 
the people from a reporting perspective because I don't have 
first-hand knowledge of it, you know, it does seem, you know, 
bewildering like how some of these people got firearms in the 
first half of the time. More importantly, it seems as though a 
lot of the people who do these things showed signs of 
potentially maybe doing these things, and yet no one reported 
it.
    Mr. Carter. OK, thank you. My time has expired. I will 
perhaps come back on the next round. I yield.
    Chairman D'Esposito. The gentleman's time has expired. I 
now recognize my fellow New Yorker, Mr. LaLota, for 5 minutes.
    Mr. LaLota. I want to thank my good friends Chairman 
Pfluger and Chairman D'Esposito for putting this important 
hearing together during National Police Week and especially to 
my fellow Long Islander Chairman D'Esposito who is a former 
NYPD detective and chief of the Island Park Fire Department. 
Thank you, Mr. Chairman, for your dedicated service to our 
community, but selfishly for bringing your experience to our 
committee today. I also want to thank our witnesses for being 
here. Chief, Sheriff, Commissioner, thank you especially for 
your service to your communities and to our country. You keep 
our children, our families, and our communities safe every day, 
and this committee appreciates that.
    I have the privilege of representing New York's First 
Congressional District, or the east end of Long Island, Suffolk 
County. The Suffolk County Police Department is home to 2,700 
sworn police officers, 600 civilian members, and 400 school 
crossing guards. We also have the Riverhead Southold, Shelter 
Island, East Hampton, and Southampton police departments in my 
district as well. They, like you, serve every day to protect 
their communities, and we appreciate them as well.
    As this is National Police Week, I want to discuss the ways 
the Federal Government can be helpful to local law enforcement. 
As my colleague from Rhode Island said, we want to be 
solutions-oriented. So, Chief, Sheriff, and Commissioner, my 
first question is for you, gentlemen. In my home State of New 
York, we have unfortunately seen some of our elected leaders 
choosing to support criminals more than our law enforcement 
officers. In particular, cashless bail has been a disaster from 
the very beginning. My question is, what would morale look like 
for your departments, for your officers, for your deputies, if 
they knew a criminal they had just taken in would be released 
nearly hours later with no incentives to show back to court? 
Sheriff, you want to give it a shot first?
    Sheriff Barnes. That's exactly the environment we are 
operating in in California. I'm fortunate, my roster is almost 
full. I'm on the other end. I have a great retention in my 
organization and we are attracting people. It's not because we 
are the highest paid. I think we have a highly supportive 
community and that's probably the first, most paramount thing 
is having great community support. The media rhetoric is not 
accurate. The vast majority of Americans do support policing. 
So, I'd start with that.
    I think one of the biggest issues probably beyond what this 
board can do is get us out of social work. That solves probably 
one of the biggest issues. If we didn't have to deal with the 
mental illness, the substance use that we proliferate. Right 
now, 1,000 people in my jail are on medication-assisted 
treatment. I have, half of my people entrusted in my care, have 
a daily nexus to mental health treatment. People I have run the 
largest detox facility in our county, the Orange County jail. 
So, those are probably the real issues that I think are the 
most challenging.
    Violent crime, of course. Criminals have to be there. But 
when you look at resources and how tasked we are, getting us 
out of social work and let us do the job we got into to do in 
policing would probably be the biggest morale boost for our 
team.
    Mr. LaLota. Thanks, Sheriff. Commissioner or Chief, do you 
guys want to add something?
    Chief Gerke. Yes, sir. Thank you. I think in my neck of the 
woods, which is West Texas, so, you know, we measure distance 
in time not in miles. So, I would have to second what the 
sheriff says in reference to mental health. If we encounter 
someone in crisis, we will absolutely--that officer that is 
assisting that person in crisis will be tied up their entire 
shift. So, that includes a trip to a medical facility. But then 
they will have to transport that person in crisis to a mental 
health facility, which many times is 2-2\1/2\ hours away. That 
does nothing for the officer and it absolutely does nothing for 
that person in crisis. Could you imagine being in crisis and 
having to ride in a police car for 2\1/2\ hours before you 
could get help? So that's an issue for us and that's an issue 
that needs to be fixed and we've been asking for it to be fixed 
for forever.
    Mr. LaLota. Thank you. Commissioner.
    Mr. Cox. Certainly, in my area, you know, we have 
dangerousness hearings, which we still do. So, you know, if 
someone actually were to do a heinous crime, you know, we don't 
have that trend right now of them being released. But we do 
have issues around juveniles and the fact is that, you know, 
they might be involved in, you know, certainly multiple gun 
arrests and things of that nature where they're not held at 
all. I'm not saying that they should be, but, you know, around 
juvenile crime, that's a different issue that we're facing.
    Really, you know, that has issues. You know, as far as 
morale concerning around the mental health challenges, I think 
that we all face in every jurisdiction, we'd love to be out of 
the business of dealing with folks that have mental illness. 
But the reality is I don't know how we can because virtually 
every call we go to in some way, shape, or form, it seems like 
it pops up. So, if our officers aren't informed in some way, 
you know, I'm really afraid of what the outcome might be. So, 
we're always going to have the challenge of making sure that 
they're trained around some of these issues.
    Mr. LaLota. Thank you. My time has expired. Mr. Mangual, I 
apologize. I had another question for you, but maybe we'll get 
you on a future round. I yield back, Mr. Chairman.
    Chairman D'Esposito. Thank you, Mr. LaLota. I now recognize 
Mr. Correa of California for 5 minutes.
    Mr. Correa. Thanks, Chairman. Before we begin, I would like 
to ask unanimous consent to enter into the record a letter----
    Chairman D'Esposito. Without objection.
    [The information follows:]

              Letter From Chicago CRED Founder Arne Duncan
                         Tuesday, May 16, 2023
    To Members of the CTI Subcommittee of the Homeland Security 
Committee: Thank you for the opportunity to testify today during police 
week about the work Chicago CRED is doing in Chicago to reduce gun 
violence. This work began in 2016, shortly after I stepped down as U.S. 
Secretary of Education. At the time, gun violence in Chicago was 
spiking sharply and the traditional approach to fighting crime--
primarily arrest and incarceration--was broadly seen as insufficient.
    We built Chicago CRED around the simple belief that the best way to 
reduce gun violence is to engage directly with those most at risk of 
shooting or being shot. We serve participants through five core pillars 
of activity: outreach, life coaching, therapy, education, and job 
training. More than 1,000 people have gone through our program and 
studies from Northwestern University show that they are significantly 
less likely to be shot or rearrested compared to individuals with 
similar characteristics. Many of the participants are now working in 
the legal economy, supporting themselves and their families and living 
safely.
    Since 2016, a network of community violence intervention (CVI) 
organizations have come into existence and are now serving more than 20 
Chicago neighborhoods with some form of violence prevention. Initially, 
these CVI organizations were mostly funded by private philanthropy but, 
since 2019, local, county, and State governments have begun investing 
in violence prevention. While Chicago CRED takes no public funding, 
many other CVI programs in Chicago have received a share of Federal 
COVID relief funds. We are hopeful that, as COVID-relief funds expire, 
new Federal funds become available to support this work. An analysis by 
a leading consultant firm shows a 19-1 return on investment for CVI 
programs. We believe that violence prevention should be a permanent 
feature of Chicago's public safety strategy.
    We are not alone in this belief. Our law enforcement community is 
increasingly convinced that CVI, in partnership with data-driven, 
Constitutional policing, is the path to a safer Chicago. As former 
interim superintendent of the Chicago Police Department and former Los 
Angeles police chief Charlie Beck said about CVI, ``Your job is to stop 
the next shooting. Our job is to investigate the last one.''
    Respectfully, we invite the Members of the committee to visit 
Chicago and see the work we are doing with young men and women at risk. 
Spend time with them, listen to their stories, and see the transitions 
under way in their lives. We are confident you will not only be moved 
by their journey and impressed by their resilience but convinced that, 
rather than them being the problem, they are, in fact, the solution and 
that CVI is critical to a comprehensive public safety strategy.
    We also hope you will recognize the profound need for gun safety 
laws that limit the flood of guns into cities like Chicago. Today, 
Chicago recovers more guns than any other city in America and roughly 
60 percent of the guns recovered come from other States with weaker gun 
safety laws. With easier and easier access to guns with large magazines 
and easy conversion to automatic weapons, we are seeing more and more 
mass shootings. These kinds of guns have no place in our society and we 
implore you to pass laws that prohibit them.
    There is much more we can say and show you. Thank you again for the 
opportunity to testify and I hope to hear from some of you and 
introduce you to some of the men and women who are making Chicago 
safer.
            Sincerely,
                                               Arne Duncan,
    Founder, Chicago CRED and managing partner, Emerson Collective.

    Mr. Correa. I live in the city of Santa Anna, my daughter 
was at home all alone. I was in El Paso, Texas. I got the phone 
call. I called Santa Anna PD. They were there quickly. Thank 
you very much to all the men and women in uniform for what you 
do.
    I just want to say that back home I like to think in my 
district, other parts, that we take care of our men and women 
in uniform. We give you collective bargaining, which justifies 
make sure that you have a good salary, have good pensions, and 
we have Workers Compensation presentives, which means when you 
get hurt, we make sure that you are taking care of. A lot of 
those bills I authored when I was in Sacramento.
    Sheriff Barnes, if I can, I want to welcome you here today 
and want to talk to you a little bit about it sounds like the 
biggest issue we have back home, which is fentanyl. I agree 
with you. In my district, not a week goes by that I don't hear 
about a death, a young person overdosing on fentanyl. Supply 
side, 90 percent of the fentanyl that is interrupted is 
intercepted through our ports of entry. San Ysidro probably 
accounts for 67 percent of all the fentanyl that is seized 
coming into this country.
    Operation Blue Lotus, we just talked to the port director 
on Sunday. I was there visiting their operation. From March to 
May, 6,900 kilos of narco, 900 kilos of meth, 1,400 of 
fentanyl, just in those few months. Yet at the ports of entry, 
only 2 percent of the vehicles coming through the port, through 
our ports are actually scanned. Can you imagine if we scanned 4 
percent, 5 percent, 6 percent of those vehicles? Sadly, I voted 
against that border bill that was passed last week. Not a cent 
goes toward those ports of entry. Not a new cent goes to hiring 
new people there, hiring new technology, or I should say bring 
in new technology, and more police dogs to scan, to help the 
scanners. Again, can you imagine if we inspected more than 2 
percent of those vehicles, the success we would have?
    Sheriff, you said something in your testimony that caught 
my interest, which is we have a situation. We have the 
environment of California laws that prohibits you from 
reporting certain individuals communicating with immigration 
officials upon the release of certain inmates. Yet, you said 
there are many inmates that you do talk to immigration 
officials about, but they fail to actually come by and pick 
those individuals up. Can you describe what kind of individuals 
those people would be convicted of?
    Sheriff Barnes. Sure, that's a result of a Senate bill in 
California, SB 54. It only allows me to communicate with ICE 
officials on high-level offenders or repeat offenders of 
certain offenses.
    Mr. Correa. Describe those high-level offenders.
    Sheriff Barnes. These would be murderers, child molesters, 
drug dealers, violent crimes.
    Mr. Correa. If I may, I only have a minute left. Those are 
the people I don't want in my community. My district, we have a 
lot of undocumented workers that have been in the country 20-30 
years. Hard workers who also don't want these individuals in 
their neighborhood. So, I would offer to work with you on this 
issue. I want to make sure, if there are people who are 
supposed to be picked up after they rape in our communities, 
that they are taken care of appropriately. They don't come back 
to our communities. To hear from you that a lot of those 
individuals are just that ICE fails to pick them up is 
unacceptable to me.
    So, you are my sheriff. We work together. We hang out 
together, have lunch. I look forward to working with you on 
this issue as we go forward.
    Sheriff Barnes. Thank you, Congressman.
    Mr. Correa. Thank you very much. Mr. Chair, I yield.
    Chairman D'Esposito. Thank you, Mr. Correa. I now recognize 
Mr. Strong from Alabama for 5 minutes.
    Mr. Strong. Thank you, Mr. Chairman, Ranking Member, 
distinguished Members of the committee, it's an honor to serve 
with each of you. I join my colleagues in recognizing our 
Nation's law enforcement officers, and particularly the 
individuals in my district that wear the badge and those that 
have given all in the line of duty. To mention a few, Billy 
Clardy was killed on December 6, 2019, by a drug dealer that 
should have been in jail. Garrett Crumby, March 28, 2023, just 
50 days ago, was killed on a domestic violence call. Mr. Gerke, 
Mr. Barnes, and Mr. Cox, I would like to thank you for your 
service and joining us here today and also those in law 
enforcement that are seated behind you.
    This hearing is particularly timely as we commemorate 
National Police Week and the officers that have given their 
lives. In the last 2 years, our country has become less safe, 
both for the average American and for our law enforcement 
officers. This year's FBI data regarding line-of-duty deaths 
paint the picture. The number of ambush attacks on law 
enforcement officers in 2022 reflects a 50 percent increase 
from the previous year.
    We may disagree on how we got here, but we should all agree 
that we need to do more to support law enforcement and to 
ensure that they can safely carry out their mission. With that, 
I would like to start with a question for our law enforcement 
officers today. Chief Gerke, how has the current climate 
impacted your ability to do your job?
    Chief Gerke. You know, things just get busier and busier, 
and the current climate is I think that is one of the reason 
that we see the numbers of sworn individuals in a lot of 
municipalities have gone down. Everyone has open positions 
because of they see the danger involved in policing. It's 
broadcast constantly, those negative things, those bad things. 
Law enforcement has done--law enforcement officials have done 
some very bad things in the recent past. But those things get 
attributed to every police officer, every sheriff's deputy the 
United States, which is absolutely a false statement, right? I 
will absolutely say that no one wants to get rid of a bad 
police officer, a bad deputy, more than a good police officer 
or a good deputy. That is an absolute fact.
    Mr. Strong. Absolutely.
    Chief Gerke. So, I think that those things absolutely 
impact us numbers-wise. When you don't have numbers, it affects 
your ability to do your job.
    Mr. Strong. Thank you, Chief. In my previous service, I was 
the chairman of the third-largest county in the State of 
Alabama, and the largest city in Alabama, where in less than 10 
years, our county almost doubled the size of its law 
enforcement. Where greater than 50 percent of the general fund 
is directed to the sheriff's department and in law enforcement, 
which led to about a 59 percent increase in less than 10 years 
for law enforcement. It worked. Your studies that we have seen, 
research indicates less policing leads to less crime. Sheriff, 
is that what you found?
    Sheriff Barnes. I believe that it's the right policing 
leads to less crime. So, it's not a saturation, it's an 
engagement. It's partnering with the community. It's having 
great multifaceted programs, juvenile-based, school-based, 
response-based, faith community-based. It's all based on 
relationships. So, what I found, and I believe the officers 
working for me love the aspect of community engagement, many of 
them live in these communities. So, it's the relationship and 
the support that helps that. That's where this committee's 
influence comes in so vital, because it's those resources that 
allow us to build upon successful programs, emulate them, and 
share them across a larger spectrum of our agencies to do what 
we know works best. We have many examples of those in Orange 
County.
    Mr. Strong. That shows that more policing is better for our 
communities. Mr. Mangual, would you agree that you have said 
that defunding or diverting funds away from policing is not the 
best way to stop rising crime in the United States. Is that 
correct?
    Mr. Mangual. That's absolutely correct. I mean, again, you 
know, the overwhelming conclusion that you can draw from the 
body of research on the effect of policing on crime is that the 
more policing and the quality matters that you have, the less 
crime that you're going to have. So, when you divert funds away 
from the sort-of tip of the spear in your core law enforcement 
institutions that is going to make streets less safe. I think 
the data bears that out, and every analysis that actually tests 
that question.
    Mr. Strong. Would you say that by adding more law 
enforcement in the field, would that reduce crime?
    Mr. Mangual. Say that one more time, sir?
    Mr. Strong. Would you believe that adding more law 
enforcement officers, would that increase or decrease crime?
    Mr. Mangual. It would absolutely decrease crime. It would 
absolutely decrease crime. Every study that's ever been done to 
assess the impact of either additional police, additional 
police spending, or expansions of police patrols have found 
significant reductions in crime of all sorts within those 
jurisdictions.
    Mr. Strong. Thank you. Mr. Chairman, I yield back.
    Chairman D'Esposito. The gentleman's time has expired. I 
now recognize fellow New Yorker, Mr. Goldman, for 5 minutes.
    Mr. Goldman. Thank you, Mr. Chairman. Thank you all for 
being here. I was a Federal prosecutor working with task 
forces, NYPD, and an assortment of Federal law enforcement 
agents for 10 years. Chief Gerke, what you just said is exactly 
what every law enforcement officer I ever worked with said, 
which is we got to root out the bad apples because the vast, 
vast majority are really good apples, working really hard to 
defend our communities and promote public safety.
    It is interesting as I sit here, because what I am hearing 
from the witnesses on the ground about what the needs are and 
what effective policing is, is very different from what I am 
hearing from my colleagues up here. Sheriff Barnes, I think you 
made an important distinction just now in the questioning you 
received from my colleague from Alabama when he said more 
policing would be better. You said, right policing is more 
effective. I think that is incredibly important. More, in terms 
of quantity, does not necessarily make the difference.
    I want to focus a little bit on what several of you have 
talked about in terms of community-based policing and 
especially community-based violence intervention programs. 
Commissioner Cox, can I start with you? Can you just explain 
what you mean when you say you engage and utilize community-
based violence intervention programs?
    Mr. Cox. Sure, thank you. So, you know, community policing 
really is about building trust. How do you go about doing that? 
You can do it multiple ways, from engaging youth in games, and 
things of that nature, to mentoring kids in school, to actually 
working with residents to address whatever the issue of the 
day. The more you work with people and they get to understand, 
you know, our officers and see that they're people, too, the 
more trust they have, the more we are able to, you know, 
provide education tips on how to stay safe.
    The more they're able to tell us about where we should be, 
right? Data is one thing, but having on-the-ground information 
and intel from the people that live there around the problems 
that go on, that is how we can put officers in the right place 
to help prevent these things from happening in the first place. 
So, understanding what the issues are in these communities 
through dialog, through actually building relationships, we're 
able to also bring in partners to address their other issues 
and problems that might be the root of some of the, you know, 
reasons why people choose to go down the life of crime.
    Mr. Goldman. So, is it fair to say that if your officers 
had more time to spend in the communities that they would be 
able to prevent more crime from happening before it happens?
    Mr. Cox. I believe so. Working in conjunction with the 
residents there, yes, absolutely.
    Mr. Goldman. One of the things that several of you have 
touched upon is, and Chief Gerke, you just mentioned this and I 
think this is important, is the prevalence of mental health 
issues in the calls, the 9-1-1 calls, and other requests that 
are made from--made to all of your offices. I guess I have a 
basic question, which is, would it be helpful to you if you had 
support from mental health professionals who could help to 
either diffuse a situation or handle a mental health issue once 
it had been diffused? Is that something that support would be 
helpful to your staff?
    Chief Gerke. I think that support would be helpful to any 
law enforcement agency, absolutely. That is because mental 
health issues are so prevalent in our communities.
    Mr. Goldman. Your officers--am I right?--are not trained 
mental health professionals.
    Chief Gerke. They have some training in helping those folks 
in crisis that we encounter, but no, they are not trained, 
qualified mental health professionals.
    Mr. Goldman. One of the things that the Chairman has talked 
about here today several times is the notion of illegal 
firearms. One of the issues, I think, Chief Gerke, that you may 
be able to touch on is there was a significant and deadly mass 
shooting in your county in 2019. It was an individual who 
couldn't pass a background check, had been adjudicated by a 
judge to be mentally incompetent. So, he wasn't able to buy a 
gun legally, and he went and bought a gun illegally and then 
used it for a mass shooting. If there were universal background 
checks that would apply to private sales as well, that would 
have caught that shooter, wouldn't it have?
    Chairman D'Esposito. The gentleman's time has expired. The 
witness, you can answer the question.
    Chief Gerke. So, absolutely. That mass shooting was 
perpetrated by an individual that could not pass a background 
check because of his mental health status. He did go and 
purchase a firearm from an individual that was making these on 
a personal basis, although I believe he was making about 60 a 
year on a personal basis. So, he was absolutely he was a 
manufacturer. So, if he was required to do a background check, 
I think that, yes, that would have been caught.
    Mr. Goldman. Mr. Chairman, if I could just ask for 
unanimous consent to enter into the record a New York Times 
article titled, ``How Gun Traffickers Get Around State Gun 
Laws,'' which shows that in New York and New Jersey, more than 
two-thirds of guns used in crimes come from out of State, 
mostly from States in the south with much more lax gun laws--
and that 6,000 guns used in crimes in California came from 
other States with lax gun laws, such as Texas.
    Chairman D'Esposito. Without objection.
    [The information follows:]

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Chairman D'Esposito. The gentleman's time has expired. I 
now recognize Mr. Crane of Arizona for 5 minutes.
    Mr. Crane. Thank you guys for coming here today. I really 
appreciate it. It is an honor to have so many police up in the 
Capitol this week. Thank you for what you do and please let 
your families know that we appreciate what they do as well.
    I want to go ahead and read the Second Amendment real quick 
because I think that it is something that probably doesn't get 
read or mentioned enough up here. I think often some of the 
politicians that have taken an oath to, you know, protect the 
Constitution of the United States often forget what it says. A 
well-regulated militia be necessary to the security of a free 
state. The right of the people to keep and bear arms shall not 
be infringed. Chief, what do you think of the Second Amendment? 
Do you think that we should hold to it? Do you think we should 
honor it, yes or no?
    Chief Gerke. Absolutely honor it, no question.
    Mr. Crane. Sheriff Barnes, what do you think?
    Sheriff Barnes. I can guarantee you that I absolutely do 
honor it.
    Mr. Crane. Commissioner Cox, what do you think, sir?
    Mr. Cox. We honor it.
    Mr. Crane. I am sorry, let me get the name. Mr. Mangual, 
what do you think, sir?
    Mr. Mangual. I absolutely think it should be honored.
    Mr. Crane. Well, I appreciate that you guys said that 
because I know that there are plenty of people in this country 
that would love to see it go away. Many of them don't want to 
take it in one fell swoop. It is death by a thousand cuts. Do 
you guys know that Mexico has some of the most violent gun 
crimes in the world? Do you guys know what their gun laws are? 
Do you guys know is it can people just own guns in Mexico like 
we can here, Sheriff Barnes?
    Sheriff Barnes. Their gun laws are very prohibitive.
    Mr. Crane. Yes, they are. That's weird, isn't it, Sheriff? 
Why is that? That doesn't add up. I don't understand, if their 
gun laws are so strict, how is it often ranked in the top five 
globally for gun violence? Maybe you can help me with that one.
    Sheriff Barnes. Because they don't enforce their gun laws.
    Mr. Crane. Yes. Is it true, Sheriff, Chief, Commissioner, 
that criminals often don't care about laws?
    Sheriff Barnes. I can tell you that what we've seen in some 
of the lawlessness that those who are committing violent crimes 
with guns are those who are prohibited from possessing them 
because of their criminal acts. That's been my experience.
    Mr. Crane. Yes. Thank you. Sheriff, you know, I was 
listening to your opening testimony and one of the words, one 
of the phrases that you chose struck me. You said policy 
created lawlessness. Can you expound on that, Sheriff?
    Sheriff Barnes. Certainly. So, I think that we have had 
over the course in California and probably other parts of this 
Nation policies that are passed for political extremist 
positions rather than focused on keeping our public and our 
constituents safe. We've seen that manifest over the last 10 
years-plus in California. We've seen a tax on some of our--the 
Second Amendment, for example, there's a bill in California to 
make it so prohibitive, but on its face, it's believed to be 
absolutely unconstitutional. So, why----
    Mr. Crane. Thank you.
    Sheriff Barnes [continuing]. We'd pass something like that 
is beyond my.
    Mr. Crane. Yes, thank you. Chief, what did defund the 
police, what did you think of that whole movement? What did 
that do to your department?
    Chief Gerke. Well, the area that I police in, I mean, that 
wasn't even an option. That was never something that was 
brought up or even considered, so----
    Mr. Crane. Was it good? Was it good for you guys, Chief, or 
bad?
    Chief Gerke. Oh, it was bad because, you know, you look 
around and you say those poor guys, wherever defunding was 
happening, and you would say, those poor guys in that 
department. You know, you'd hear our rank-and-file say, I'd 
hate to work for that department. I'd hate to work for that 
city----
    Mr. Crane. Yes.
    Chief Gerke [continuing]. Because they don't appreciate us 
like they do in West Texas.
    Mr. Crane. Commissioner Cox, what about you, sir? Defund 
the police, was that good or bad for your department, for your 
city?
    Mr. Cox. I mean, defund the police, you know, philosophy, 
as well as, you know, several other things, has probably made 
it a lot more challenging to certainly retain officers and more 
access to attract young people to our profession.
    Mr. Crane. I thought so. The last thing I want to do is I 
want to read bits of an article that a friend of mine wrote 
about some of the gun data being thrown around. Activists 
seeking restrictions on the Second Amendment are fond of 
citing, ``homicide rate'', instead of raw homicide numbers. 
They do this because it allows them to skirt any admission of 
gun control failures in blue States. California's pro-gun 
control Governor, Gavin Newsom, provides a good example of the 
left's propensity to use rates to avoid the use of raw numbers. 
On May 13, 2023, he tweeted, it has to be the humidity. Why 
else would California's gun violence rate be 57 percent lower 
than Florida's? That tweet, coupled with Newsom's on-going push 
for more gun control, alongside criticism of Florida laws like 
constitutional carry, concealed carry, et cetera, appears 
designed to give readers the impression that California's gun 
control keeps people safe while Florida's pro-2A costs more 
lives. But here's the raw statistics. The number of homicides 
in California during 2021 was 2,495 according to the CDC 
homicide mortality map. The CDC's homicide mortality map shows 
the number of homicides in Florida in 2021 was 1,468.
    So, there's a lot of misdirection, more misinformation 
about gun data and violence in the United States. It is the 
same old thing----
    Chairman D'Esposito. The gentleman's time has expired.
    Mr. Crane [continuing]. Just shift, shift, fire. Thank you, 
I yield back.
    Chairman D'Esposito. Thank you, Mr. Crane. Before we get to 
our next, I just have to comment, Chief Gerke, to Mr. Crane's 
questioning. I think it is one of the reasons why we are having 
this hearing today, and one of the reasons, one of the biggest 
detriments that we see to law enforcement. When you discuss the 
defund the police movement, you said that you heard over and 
over again, not just from your department, from throughout 
other people in law enforcement, ``I would hate to work for 
that department.'' I think that sums up why we are here today. 
We need to make sure that our law enforcement professionals 
throughout this country never think that and never say that. 
With that, I now recognize Ms. Titus of Nevada for 5 minutes.
    Ms. Titus. Thank you, Mr. Chairman. Thank you all for being 
here. We have heard a lot about community policing. I would 
argue, and I think statistics show this, that part of that is 
having police officers look like the people they serve, having 
more diverse police departments because that way they can build 
trust in the community. They can serve as role models for a 
community. They can get more information from the community. 
There is better communication. A Spanish-speaking officer, for 
example, in an area that is largely Hispanic, would be able to 
build that trust. So, I would just add that to the notion of 
community policing.
    You all also talked about the need for better cooperation 
or collaboration between the Federal Government and the local 
governments. You have mentioned grants. So, it is about money, 
but also information. So, I would like to ask you about the 
information that you are trying to get from the ATF about gun 
tracing. We have tried to set up a national searchable, 
centralized gun transaction database, but largely due to the 
efforts of the gun lobby, that has not happened. So, the ATF's 
hands are really tied and it takes, the statistics shows an ATF 
employee would have to sift through about 1,800 documents per 
day, absent a digital system, to determine the history of a 
crime gun. We hear a lot about these illegal guns. 
Commissioner, could you talk about the need for better 
information to be able to better trace these guns?
    Mr. Cox. I mean, we could always want more and better, so 
there's no doubt about that. But we work well with the ATF 
locally. As a matter of fact, we have them embedded in our 
office, and we have officers embedded with them as well. So, I 
mean, there's always a backlog of, you know, guns and, you 
know, tracing and things of that nature. But I can't sit here 
today and criticize ATF in any way because their partnership 
has been fairly strong in Boston. But it's a matter of 
resources, and so, you know, more would be better.
    Ms. Titus. Are they part of your fusion center? I know most 
large cities and States have fusion centers.
    Mr. Cox. So, we have our Boston Regional Intelligence 
Center, and they are not a part of that. But the fact is we 
have a ballistics unit, and they actually have personnel 
assigned to our unit and task force. We have multiple task 
force, part of the JTTF, and we actually have one with ATF that 
we have an actual body, actually two bodies assigned with them.
    Ms. Titus. Well, I am glad to hear that is the case in 
Boston, because it doesn't seem to be the case in a lot of 
cities where we hear that ATF takes too long to provide 
information.
    Let me ask you another question about this cooperation 
between State or Federal and local governments, and that is 
with red flag laws. We haven't gotten much passed through the 
Congress about gun violence regulation, but the bipartisan 
Safer Communities Act did set aside $750 million in funding for 
States to pursue, implement, improve what they called extreme 
risk protection orders or red flag laws. I think 19 States have 
done that, including Nevada has a red flag law. Could you tell 
us, Chief or anybody, how these laws help you or hurt your 
efforts in stopping violence with guns?
    Sheriff Barnes. I can tell you that I'm a believer in red 
flag laws, and we have several provisions in California to take 
guns away from people who are prohibited from possessing 
firearms. My agency not only has issued the most CCWs in 
California, but also has investigative teams that go out and 
take guns away from people who are prohibited from possessing 
them.
    To your previous question real quick, one of the big issues 
on querying for databases on guns is the fact that you have to 
go to I think it's 20 different databases to search for 
ownership, guns, other things. If they could narrow that query 
down to one query that searches all those databases would make 
not only ATF, but agencies working with ATF much more 
successful and utilize resources much more efficiently if that 
were to be employed.
    Ms. Titus. Thank you. I appreciate that. So, anybody else 
have an opinion on red flag laws?
    Chief Gerke. I'll say in Texas that, you know, particularly 
victims of family violence, those are of great concern to us. 
Those are issued emergency protective orders almost 
immediately. When that happens, those people are prohibited 
from carrying guns right at that point. My department we take a 
very proactive approach to those. When we know that there's 
been a protective order issued, we will go by that residence 
sometimes twice a shift to check on those protected individuals 
to make sure they're OK.
    Also, going back to the ATF question, you know, we do 
follow-up. Any time there is a gun crime, we want to know where 
that gun came from. Many times, that gun is stolen. So, that 
answers one question. But if that gun is not stolen and it's in 
the hand of a 16-year-old gang member, how did that 16-year-old 
gang member come to own that gun or possess that gun? So, we do 
trace that back. We find those owners and we find out, you 
know, particularly you want to know if that one owner has 
bought 17, 20, 30 guns in the last 5 months, right? Those are 
things that are important to know.
    Chairman D'Esposito. The gentlewoman's time has expired.
    Ms. Titus. Thank you.
    Chairman Pfluger. I now recognize Mr. Brecheen of Oklahoma 
for 5 minutes.
    Mr. Brecheen. Thank you to the Chairman. Thank you all for 
being here. You are heroes to people that you protect and I am 
grateful to you. As my colleague said a while ago, also the 
thanks to not only your families, but all the families who, 
when they say goodbye in the morning, they know the danger that 
their loved ones encounter throughout the day. So, what an 
amazing testament of courage to our men and women in the 
policing service.
    I want to recognize in Oklahoma last year, we had three 
officers lost in the line of duty. I just want to just pay 
honor to them and their families. Deputy Sheriff Jeremy McCain 
of Oklahoma County, Patrolman Joseph Barlow of McAlester, and 
Detention Officer Kenneth Fowler of Pontotoc County.
    I found it astounding this morning, Mr. Gerke and Mr. 
Barnes, you both alluded to fentanyl being one of your priority 
issues and which absolutely, as we know, is a result of lack of 
enforcement, lack of capture at our Southern Border, given the 
flow. So, in 2021, we know that 70,000 deaths occurred. It is 
the leading cause of death, fentanyl poisoning. Many times, 
people are thinking they are taking some other substance, they 
are taking fentanyl, and it leads to their demise. That 70,000 
would be as if a jetliner every day was crashing to get to that 
annual number. It is the leading cause of death, 18 to 45 in 
America today. In Oklahoma in 2022, there were 326 Oklahomans 
who died from fentanyl. Just in the first 5 months of this 
year, there's already 300. So, it is just a number that 
continues to grow.
    The deadly mixture of tranq that keeps Narcan from being 
able to revive someone. My question to anyone at the panel. 
What are you seeing with this? What is your experience? What 
are your suggestions as it pertains to what the Federal 
Government can be doing with this dangerous mixture concoction 
of the fentanyl being laced with xylazine?
    Sheriff Barnes. So, I'm also the county coroner in Orange 
County, and we look at all that data. We've seen the presence 
of xylazine increase over the last 4 years to become much more 
dominant. So, we know that that is a causal factor in the 
synergy created with fentanyl. So, it is an on-going issue.
    The rise of the 70,000, in our analysis of the fentanyl 
addiction, the vast majority of those deaths are people not 
taking one pill, are people who are addicted to fentanyl, who 
are seeking out fentanyl as an addiction that is causing their 
demise. My analysis was 96 percent of those who died in my area 
as a result of fentanyl had an addiction or prior arrest for 
drug offenses that weren't first-time users. That does happen. 
The clandestine-produced pills are often being sold as Xanax, 
OxyContin, oxycodone, and other things. You do have xylazine 
sometimes mixed. But it's mostly the addicts and they're 
seeking out the pure fentanyl for an addictive high.
    Mr. Brecheen. Sheriff Barnes, since I have got you on the 
mic already, I want to kind-of pivot to something I found 
really interesting. You talked about the lawlessness that 
policies as a laboratory of experimentation that your State has 
been seeing. You quoted some numbers that your prison 
population as of 2010 was 165,000, and that dropped to 90,000 
almost in half in a 10-year time period. To date, you are about 
90,000 prison population. But what you talked about in your 
opening remarks was that that decriminalization element where 
State law has been changed, it has led to a 31 percent increase 
of homicides in that same time period. A 31 percent increase in 
homicides, and the population only rose 10 percent. It is 
astounding. Also, in that 30-percentile range was aggravated 
assaults had grown 30 percent.
    You then talked about that those that are killed, officers 
that are killed in the line of duty come from those with 
extensive criminal records. You, a moment ago told a member of 
this panel that it is not the gun, it is those that are getting 
the gun. So, we see in America today, the gun is looked at as 
the target for our focus. Yet I appreciate you talking about 
the human factor. Would you expound upon that?
    Sheriff Barnes. Sure. So just to put that in perspective, 
I've issued 20,000 CCWs and none of those individuals have gone 
out and committed a homicide. So, I think when you look at just 
guns being issued, it's the criminal element using guns in the 
commission of crimes, oftentimes when they should have been 
incarcerated for the previous crimes, that is driving the 
violence that we're seeing with these decarceration efforts.
    Mr. Brecheen. So, just to follow and ending with this, Mr. 
Chairman, that if we would be more apt to go after the 
criminals and not bring about policy that decriminalizes them 
on lesser crimes, we could go to the heart of what leads to 
more aggressive, more violent behavior years later. It is 
ushered in by being lax on criminal behavior. With that, I 
yield.
    Chairman D'Esposito. The gentleman's time has expired. 
Before we get to the next speaker, I just want to, going back 
to my questioning before, Mr. Cox. So, in 2022 there were 563 
people charged with unlawful possession in Boston. That was 93 
percent of all firearm arrests. The overwhelming majority of 
shootings both with victims and not with victims, involved 
handguns. According to the complaints that were filed, there 
was not one that referred to any white supremacy-driven violent 
crime. With that, I now recognize Mr. Ivey of Maryland for 5 
minutes.
    Mr. Ivey. Thank you, Mr. Chairman. I want to yield to Mr. 
Correa to follow up on a point that was made earlier.
    Mr. Correa. Thank you, Mr. Ivey. I just want to ask for 
unanimous consent to enter into the record an article from the 
Trace titled Guns Recovered in Mexico Come Mostly from U.S. 
Makers. It shows that as much as 90 percent of all guns 
recovered in Mexican soil originate from the United States. If 
I can admit this for the record, please?
    Chairman D'Esposito. Without objection, Mr. Correa.
    [The information follows:]
             Article Submitted by Honorable J. Luis Correa
    guns recovered by mexico's military come mostly from u.s. makers
            In the wake of a judge's decision to throw out the Mexican 
                    government's lawsuit against the gun industry, data 
                    shows American companies produce the weapons 
                    driving cartel violence.
By Champe Barton, Alain Stephens, and Steve Fisher
Oct 20, 2022
    On September 30, a Federal judge dismissed a groundbreaking legal 
challenge to the gun industry filed by the government of Mexico. The 
suit laid out an argument that major U.S. gunmakers have knowingly 
facilitated more than a decade of deadly cartel violence across the 
southern border. They have done this, Mexico argued, by marketing 
weapons in a way that attracts criminals and turning a blind eye to 
those weapons' diversion into trafficking routes. The judge dismissed 
the claim on account of a special legal shield enjoyed by the gun 
industry.
    To date, data underlying Mexico's dramatic pronouncements--that as 
much as 90 percent of all guns recovered on Mexican soil originated in 
the U.S.; that as many as 597,000 weapons slip over the border each 
year, most from American gun manufacturers--has only been shared in 
aggregate form by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives.
    But data obtained from Mexico's Secretariat of National Defense 
provides a detailed look at the specific manufacturers who produce 
weapons commonly used in cartel violence. The data details every 
firearm recovered by the Mexican military between 2010 and May 2020--
almost 125,000 weapons, including machine guns, grenade launchers, and 
tens of thousands of pistols and rifles. Taken together, the numbers 
tell a damning story of iconic American gunmakers' involvement in a 
decade of Mexican bloodshed.
    U.S. gun manufacturers make up seven out of the top 10 companies 
whose guns are most frequently seized by the Mexican military. Colt 
Manufacturing, based in Hartford, Connecticut, led the list, with more 
than 8,500 firearms--6.8 percent of all guns recovered in Mexico over 
the 10-year span. Winchester Repeating Arms, based in New Haven, 
Connecticut, followed in second place with over 4,000 weapons 
recovered. Major gunmakers including Smith & Wesson, Remington, Ruger, 
and Browning, also appear in the top 10.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Altogether, U.S. weapons manufacturers accounted for at least 30 
percent of guns in the dataset, according to a Trace analysis. Another 
61,000 guns--roughly half of all the weapons recovered--either had no 
identifiable manufacturing marks, or had their manufacturer information 
left out during data entry. It's possible many of these guns originated 
in the U.S., but had identifying characteristics scratched away by 
their owners in attempts to evade tracking by authorities. (Like U.S. 
police agencies, the Mexican government traces firearms with the ATF.)
    It is also possible that many of the guns manufactured by foreign-
based gun companies originated in the U.S. Glock, an Austrian company, 
has a separate operation headquartered in Georgia. Sig Sauer, a German 
company, has headquarters in New Hampshire. These companies, along with 
several others, manufacture and sell millions of guns domestically 
every year. The Mexican military's data shows that 970 Glock firearms 
were recovered in the country between 2010 and 2020. But because the 
data does not specify the country in which each gun was manufactured, 
guns produced by foreign companies were excluded from The Trace's 
estimates of U.S.-made guns. ATF trace data, which may include some 
subset of these firearms, as well as recoveries made by law enforcement 
authorities other than the Mexican military, shows that more than 
70,000 guns made their way from the U.S. to Mexico between 2015 and 
2020.
    Mexico enforces extremely stringent gun laws. There is only one gun 
store in the entire country, and it's located behind fortified walls on 
a military base. Anybody interested in purchasing a gun from this store 
must undergo months of background scrutiny. Law enforcement and border 
security experts have long recognized that these restrictions--paired 
with a thriving array of cartels warring for regional power--make 
Mexico a hot destination for trafficked firearms. The country's 
proximity to the U.S. and the sheer abundance of guns in circulation 
here make the U.S. a natural source.
    ``We produce some of the best firearms in the world,'' said David 
Shirk, a professor of political science at the University of San Diego 
who specializes in U.S.-Mexico relations. ``Some of the people who are 
most interested in obtaining firearms and with the most financial 
resources to do so are Mexican drug trafficking and criminal 
organizations.''
    The human cost of this black market transaction is extraordinary: 
The Mexican government claims that more than 180,000 people were killed 
in violent gun crimes between 2007 and 2019, spinning an unfathomable 
web of grief and forcing many to flee their homes. The violence in 
certain areas is so extreme that the U.S. Department of State has 
advised travelers to avoid them.
    This death toll has become a political sticking point for the 
administration of Mexico's current president, Andres Manuel Lopez 
Obrador. Where previous administrations have tried to snuff out cartel 
activity by force, Obrador has tried to shift some of this focus to 
root causes: socioeconomic struggles that make cartel involvement 
appealing to young men, and arms trafficked over the country's northern 
border. It was in step with this strategy that Mexico launched its 
lawsuit against U.S. gun companies in 2021.
    ``[The manufacturers] should make necessary changes so they are not 
appealing to narcos,'' said Alejandro Celorio Alcantara, a legal 
advisor for Mexico's Foreign Ministry who was intimately involved with 
the country's lawsuit. ``They have access to trace information.''
    Domestically, countering arms trafficked from the U.S. has been of 
second mind to policymakers, who have tended instead to focus on drugs 
and people being trafficked north. But some efforts to clamp down on 
southbound gun trafficking routes have picked up steam in Congress. 
Most recently, in June, the U.S. Congress passed the Bipartisan Safer 
Communities Act, which makes straw purchasing and gun trafficking 
Federal crimes.
    Law enforcement experts say it's dangerous to underestimate the 
integral role firearms play in driving both drugs and people north.
    ``Tens of thousands of people are dying from fentanyl overdoses 
every year in the U.S., and most of that fentanyl these days is coming 
directly from Mexico, from the cartels,'' said Joseph Lestrange, a 
retired Homeland Security Investigations division chief, who is now a 
security consultant, adding that U.S. guns arm most of the cartels 
sending these drugs north. ``[Gun trafficking] fuels and facilitates 
the continued expansion of criminal enterprises in Mexico that are 
feeding this demand.''

    Mr. Correa. Thank you. Very quickly, if I can answer, 
respond to my colleague who is not here right now. I wish he 
would be here. About guns in Mexico. I don't make Mexican laws. 
I am a U.S. lawmaker. But we did meet, Democrats and 
Republicans met with the Mexican president about 2 or 3 months 
ago. This was one of the issues that was brought up by the 
Mexican president, which is he needs help from us addressing 
the gun smuggling issue. He was telling the story of the arrest 
of Chapo Guzman's son, 14 soldiers, Mexican soldiers died in 
that action. He said they had 50-caliber weapons. We can't 
compete with those. So, they need our help.
    So, yes, Second Amendment, preserve it. But let's make 
sure, like my sheriff says, that we go after the criminal 
element as well. I yield.
    Mr. Ivey. Thank you. To the Chairman's point, I appreciate 
the fact that assault weapons are not the vast majority of--are 
used in the vast majority of murders in the United States. I 
don't think that means that we don't try and control both 
because it is clear that assault weapons--we will have a 
hearing at 2 and we will talk a lot about that today--are 
driving the mass killings in the country by far.
    This is Police Week. I want to take a moment and 
acknowledge police officers, especially in my jurisdiction of 
Prince George's County. I was a State prosecutor there for 8 
years and worked with them closely. Prosecuted officers across 
the line, but the vast majority of our more than 2,000 officers 
did a hard job well.
    I did want to say quickly with respect to the commissioner, 
when I ran for office in 2002, the basis for my campaign was to 
implement the Boston strategy in Prince George's County. The 
logic of that for me was, yes, we need tough enforcement. We 
want to have a carrot-and-stick approach. So, we want to make 
sure that we do everything we can for intervention prevention 
efforts. Chief, as you mentioned a minute ago, it is better to 
preempt the crime than to deal with arrests after the fact, 
because then you are saving victims from having to undergo the 
suffering, the death, and the loss, and the like. Sheriff, you 
mentioned the thefts that take place. Trying to preempt that is 
a good way to go as well.
    But I do want to preempt, or push back a little bit on the 
approach, or the suggestion that incarceration is the only way 
to deal with this problem. You know, I remember when we had 2.2 
million people in jail here in the United States. I think there 
was a point where we surged ahead of China and had more people 
incarcerated than any other country in the world. Certainly, 
there is a place for enforcement, but, you know, I found that 
we had success with intervention prevention efforts that 
incorporated the faith community, outreach to our schools, we 
used coaches. Whatever strategy we could approach to try and 
reach young people in particular before they got into trouble 
or if they were in trouble, to pull them back out of trouble, 
if they were in gangs, for example, we thought that was an 
important way to go. I think that dovetailed well with the 
community policing strategy that was outlined a minute ago by 
the commissioner and also with respect to outreach to the 
citizens.
    It is a team effort, and the most successful strategies, I 
think, are the ones that try and integrate law enforcement 
along with prosecutors, but also making sure that the community 
is brought in and is part of what is going on with respect to 
reducing the crimes, because they are the witnesses in these 
cases when they come to court. They are the ones that provide 
the tips to the police to make the arrests. Sometimes they are 
the ones that provide the tips to go get the gun before 
somebody gets shot with it, you know, or gets brought out of 
the car, or out of the police, or out of the school locker.
    I did want to say this, too, just quickly with respect to 
your testimony. I appreciated the fact that you outlined your 
partnerships actually, both of you did, with Federal 
prosecutors and Federal law enforcement. We have got bills here 
in the House where one of my colleagues has offered, a 
Republican colleague, offered a bill to eliminate ATF. One has 
offered a bill to eliminate the FBI. There have been calls by, 
you know, certain national leaders to eliminate the Department 
of Justice and the FBI. But I know from my experience and just 
based on what I read from your testimony, that the Federal and 
State and local partnership can be very effective. In fact, 
sometimes the most effective in fighting crime.
    So, I commend you for the work that you do, and I encourage 
you to keep it up. I thank you for coming here today.
    Chairman D'Esposito. Well, thank you. Thank you to all the 
witnesses for your valuable testimony, and obviously to my 
colleagues for their questions. Perhaps we don't often agree on 
everything, but I think during this week, especially whether 
you are a Republican or you are a Democrat, we can recognize 
and agree that we appreciate all of your hard work, your 
sacrifice, the work that you do to keep our community safe. So, 
thank you to all for being here, for making the trip here, and 
I think for really engaging in a conversation to move policing 
forward and keep police officers safe across this Nation for 
the future.
    The Members of the subcommittees may have additional 
questions for the witnesses, and we ask the witnesses to 
respond to those in writing.
    Pursuant to committee rule VII(D), the hearing record will 
be open for 10 days. Without objection, the subcommittees stand 
adjourned.
    [Whereupon, at 11:18 a.m., the subcommittees were 
adjourned.]



                            A P P E N D I X

                              ----------                              

        Questions From Honorable Laurel M. Lee for Michael Gerke
    Question 1. When it comes to information sharing between Federal 
and State authorities, would you speak to some of the challenges Odessa 
faces when it comes to communication with the Federal Government and 
its partnership with the National Human Trafficking Hotline?
    Answer. Response was not received at the time of publication.
    Question 2. Would you walk us through what information sharing 
looks like when attempting to identify broader trafficking trends?
    Answer. Response was not received at the time of publication.
    Question 3. What other obstacles exist when attempting to stop 
criminals trafficking humans and illegal narcotics?
    Answer. Response was not received at the time of publication.
          Question From Honorable Laurel M. Lee for Don Barnes
    Question. In your written testimony, you included reference to 
Operation Red Zone across a dozen or so law enforcement agencies. Would 
you speak to some of the efforts of the Orange County Intelligence 
Assessment Center in the fight against human trafficking?
    Answer. With regard to Operation Red Zone, the Orange County 
Intelligence Assessment Center (OCIAC) coordinated Operation Red Zone 
in partnership with 11 local law enforcement agencies, the Orange 
County District Attorney's Office and the U.S. Department of Homeland 
Security to identify victims of human trafficking and hold their 
perpetrators accountable. This operation took place during the week 
leading up to the 2022 Super Bowl, which was held in Los Angeles.
    The operation resulted in the arrest of 56 suspects and recovery of 
16 victims. The more than 4 dozen arrests included men ages 20 to 55 
from Orange and Los Angeles counties. Charges included human 
trafficking, pimping and pandering, solicitation for sex, and 
narcotics. In addition, one unregistered handgun was recovered.
    Agencies conducted multiple operations utilizing investigative 
techniques most impactful for their specific city. This included 
undercover operations, investigation into online-based sex solicitation 
websites and investigations into known problematic businesses.
    As Orange County's fusion center, OCIAC plays a critical role in 
addressing human trafficking. The analysts at OCIAC provide actionable 
information to our human trafficking task force, threat briefings, and 
assist in community awareness campaigns.
    Another specific area where OCIAC has been instrumental is the 
identification of on-line sex ads that use or target juveniles. In 
2022, the Orange County Intelligence Assessment Center identified more 
than 6,000 possible juveniles in commercial (on-line) sex ads in Orange 
County. OCIAC flags and shares these ads with the appropriate law 
enforcement agencies for further investigation.
    During the pandemic, we saw a marked increase in the number of 
potential human trafficking incidents in the form of commercial (on-
line) sex ads. This was attributed to an increase in the number of 
young people staying home and participating in unmonitored on-line 
activity.
   2019: 5,293 commercial sex ads involving possible juveniles
   2020: 20,456 commercial sex ads involving possible juveniles
   2021: 10,000 commercial sex ads involving possible juveniles
   2022: 6,232 commercial sex ads involving possible juveniles.
    An increase in the number of commercial sex ads featuring possible 
juveniles tells us that there is an increased probability human 
trafficking is occurring. In many cases, participating in the sex trade 
is not a choice, but rather a product of being trafficked.
    Venues for on-line trafficking solicitation include on-line gaming 
with direct messaging and voice messaging options and social media. 
Traffickers may mass message individuals with an innocuous type 
introduction message. The target is typically a young female but it 
happens to boys and men, too. They may also pose as a scout for a 
talent agency or something similar. The traffickers attempt to target 
individuals with noticeable vulnerabilities, i.e. someone with low 
self-esteem, someone who is lonely, or maybe a victim too young or 
naive to understand what is happening. Once the victim engages in 
conversation, the traffickers work to build trust. They may make false 
promises of a loving relationship or the promise of a well-paying job. 
Traffickers work to fulfill the victim's needs, whether that is 
something tangible like money or a place to stay, or something 
intangible like love or affection. Once they isolate these victims they 
begin to exploit them. OCIAC is critical in identifying these on-line 
sex ads and supporting law enforcement efforts to address and eliminate 
this threat.
    Unrelated to your specific question, but important to note with 
regard to human trafficking is a new California law that has made law 
enforcement's work to combat trafficking more difficult. Senate Bill 
357 took effect January 1, 2023. The legislation repeals a law that 
allows law enforcement to detain a person loitering with the intent to 
engage in prostitution. Essentially this law de-criminalizes those 
paying for services and those exploiting women. The former loitering 
law was a tool used by investigators to engage potential victims in a 
safe place and determine if they are a victim of human trafficking. It 
also helped us identify those who may be conducting the larger 
operation. The passage of SB 357 takes away an important tool and will 
prevent us from identifying and, ultimately, helping victims of 
trafficking. While this issue is currently specific to California, it 
is important to highlight this poor public policy so that it is not 
replicated in other jurisdictions.
   Questions From Honorable Donald M. Payne, Jr., for Michael A. Cox
    Question 1. In your testimony, you mention that UASI is a critical 
source for your Department and that Boston is receiving $200,000 less 
this year while going up in the UASI risk ranking. As you noted, the 
threat landscape has broadened. Do you have recommendations on how DHS 
grant programs can better address the growing threat landscape?
    Answer. A significant way that Congress could assist law 
enforcement would be to increase funding across the Homeland Security 
Grant Program--to include UASI--and consider broadening its 
applicability beyond just ``terrorism'' to include other threats 
traditionally mitigated by the U.S. Department of Defense and 
intelligence community.
    In addition, flexibility regarding time frames for expenditure of 
grant funds would better support long-term projects.
    Question 2. Like many local government agencies, police departments 
have been hit hard by ransomware attacks in recent years. Such attacks 
risk exposing private information and sensitive details regarding 
criminal investigations and can interfere with a police department's 
ability to carry out its vital public safety mission. In just the past 
couple months, law enforcement agencies in Dallas, TX; Camden County, 
NJ; and San Bernardino County, CA have fallen victim to ransomware 
attacks. Can you describe the potential impact a similar ransomware 
attack could have on your agency and its ability to serve the public 
and what steps your agency has taken to strengthen your cyber defenses?
    Answer. A successful ransomware attack launched by a skilled 
adversary against the Boston Police Department could hamper or cripple 
emergency services and public safety communications throughout the 
region. Law enforcement personnel could also lose access to case and 
operational data for weeks, impacting active investigations and 
prosecutions. Ransomware affiliates often steal data before encrypting 
it on target systems and the personally identifiable information of 
Boston area residents, sensitive criminal information and operational 
details could all be leaked on the internet or used for nefarious 
purposes. In addition to the impact on the Boston Police Department, 
disruptions to network traffic flow may impact other city systems and 
agencies.
    A ransomware attack on our agency could also have far-reaching 
operational impacts. One of the most immediate and critical would be on 
the agency's Computer Aided Dispatch (CAD) system, which is essential 
for timely emergency response and coordination of law enforcement 
officers, firefighters, and emergency medical services. With CAD 
disrupted, response times could see significant delays, putting lives 
at risk.
    In addition, the integrity of our telecommunications systems, 
including both phone and radio communications that we heavily rely on 
for internal communication and public contact, could be undermined. A 
breach of this nature would not only obstruct our daily operations but 
also impede emergency responses.
    On the investigative front, a ransomware attack could result in the 
encryption or total loss of essential data related to on-going 
investigations. This would cause substantial setbacks and could impair 
our ability to effectively solve crimes. A ransomware attack could also 
threaten the availability, integrity, and confidentiality of our case 
files and digital evidence. This could potentially undermine on-going 
and future prosecutions.
    On the administrative side, the disruption of our financial systems 
could lead to substantial logistical issues. For example, systems used 
for payroll, purchasing, budgeting and accounts could all be targeted, 
preventing employees from being paid on time and vendors receiving 
timely payment, therefore creating confusion related to our finances.
    Surveillance systems could also fall victim to ransomware, 
hindering our ability to monitor public areas and investigate crimes.
    Last, public trust in our agency could be undermined, especially if 
personal information is exposed or critical services are disrupted.
    To mitigate the risk of ransomware attacks, our agency has 
proactively undertaken several important measures. We conduct regular 
backups to protect critical data and keep all software and hardware 
updated to guard against known vulnerabilities. Our staff undergo on-
going cybersecurity training to spot potential threats. We utilize 
incoming email filtering to block phishing attempts. Implementing next-
generation antivirus solutions and multi-factor authentication bolsters 
our defenses further. Finally, we're in the process of upgrading our 
firewall to a next-generation system, enhancing our threat detection 
and prevention capabilities. These combined steps provide a multi-
layered defense against ransomware, helping safeguard our agency's 
crucial services.
    Question 3. How can the Federal Government better ensure law 
enforcement agencies have the resources to defend against and respond 
to these attacks?
    Answer. Federal investments in the UASI and STC grant programs are 
vital to local efforts to prevent and mitigate potential attacks. 
Continued funding of these critical investments is necessary to defend 
against and respond to these attacks.
    National security threats from nation-state actors and their 
proxies managing aggressive campaigns to sow seeds of discord in our 
communities through mis/dis/mal information, cyber attacks, and 
counterintelligence threats require more from our intelligence 
professionals, investigators, and front-line officers to protect our 
communities. Because these are issues that our Nation's first 
responders have not traditionally dealt with, we require more training, 
more personnel, more embedded analytical experts and more technical 
capabilities to mitigate these threats.
    Specific to cyber attacks:
    The role of the Federal Government is crucial in ensuring that law 
enforcement agencies like ours have the necessary resources to both 
prevent and respond to cyber threats effectively. An increase in 
Federal funding would significantly empower us to adopt advanced 
cybersecurity tools and technologies that are vital to safeguard our 
digital infrastructure. With the cyber threat landscape constantly 
evolving, staying up-to-date with the latest defenses is extremely 
important.
    Additional financial support would assist us in attracting and 
retaining the highly-skilled cybersecurity professionals who are at the 
forefront of managing and improving our defenses.
    In the unfortunate event of a cyber attack, Federal funding ensures 
that we can respond rapidly and effectively, minimizing operational 
disruption and swiftly restoring vital services. A proactive investment 
in our systems through regular updates and maintenance, facilitated by 
this funding, is another critical defense strategy.
    Equally important are third-party security audits, which identify 
potential vulnerabilities and areas for improvement. Last, Federal 
funds could also support law enforcement agencies in covering the cost 
of cyber insurance premiums, providing an essential safety net.

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