[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]


                   PRIVACY PROTECTIONS AND THE SECOND
                       AMENDMENT: EXAMINING ATF'S
                  RELATIONSHIP TO THE TIAHRT AMENDMENT
=======================================================================

                                HEARING

                               BEFORE THE

                        SUBCOMMITTEE ON FEDERAL LAW 
                               ENFORCEMENT

                                OF THE

              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED NINETEENTH CONGRESS

                             SECOND SESSION

                               __________

                              MAY 14, 2026

                               __________

                           Serial No. 119-63

                               __________

Printed for the use of the Committee on Oversight and Government Reform

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

    Available on: govinfo.gov, oversight.house.gov or docs.house.gov
                               
                               _________
                               
                   U.S. GOVERNMENT PUBLISHING OFFICE 
63-746 PDF                 WASHINGTON : 2026
=======================================================================
  
              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                    JAMES COMER, Kentucky, Chairman

Jim Jordan, Ohio                     Robert Garcia, California, Ranking 
Mike Turner, Ohio                        Minority Member
Paul Gosar, Arizona                  Eleanor Holmes Norton, District of 
Virginia Foxx, North Carolina            Columbia
Glenn Grothman, Wisconsin            Stephen F. Lynch, Massachusetts
Michael Cloud, Texas                 Raja Krishnamoorthi, Illinois
Gary Palmer, Alabama                 Ro Khanna, California
Clay Higgins, Louisiana              Kweisi Mfume, Maryland
Pete Sessions, Texas                 Shontel Brown, Ohio
Andy Biggs, Arizona                  Melanie Stansbury, New Mexico
Nancy Mace, South Carolina           Maxwell Frost, Florida
Pat Fallon, Texas                    Summer Lee, Pennsylvania
Byron Donalds, Florida               Greg Casar, Texas
Scott Perry, Pennsylvania            Jasmine Crockett, Texas
William Timmons, South Carolina      Emily Randall, Washington
Tim Burchett, Tennessee              Suhas Subramanyam, Virginia
Lauren Boebert, Colorado             Yassamin Ansari, Arizona
Anna Paulina Luna, Florida           Wesley Bell, Missouri
Nick Langworthy, New York            Lateefah Simon, California
Eric Burlison, Missouri              Dave Min, California
Elijah Crane, Arizona                Ayanna Pressley, Massachusetts
Brian Jack, Georgia                  Rashida Tlaib, Michigan
John McGuire, Virginia
Brandon Gill, Texas
Richard McCormick, Georgia

                                 ------                                

                       Mark Marin, Staff Director
                   James Rust, Deputy Staff Director
                     Ryan Giachetti, Chief Counsel
                          Alex Rankin, Counsel
                 Emily Allen Professional Staff Member
         Mallory Cogar, Director of Operations and Chief Clerk

                      Contact Number: 202-225-5074

                Robert Edmonson, Minority Staff Director
                      Contact Number: 202-225-5051
                                 ------                                

                Subcommittee on Federal Law Enforcement

                   Clay Higgins, Louisiana, Chairman

Paul Gosar, Arizona                  Summer Lee, Pennsylvania, Ranking 
Andy Biggs, Arizona                      Member
Nancy Mace, South Carolina           Yassamin Ansari, Arizona
Scott Perry, Pennsylvania            Wesley Bell, Missouri
Lauren Boebert, Colorado             Lateefah Simon, California
Brian Jack, Georgia                  Ayanna Pressley, Massachusetts
                         
                         C  O  N  T  E  N  T  S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page

Hon. Clay Higgins, U.S. Representative, Chairman.................     1

Hon. Summer Lee, U.S. Representative, Ranking Member.............     3

                                WITNESS

The Honorable Robert Cekada, Director, Bureau of Alcohol, 
  Tobacco, Firearms and Explosives
Oral Statement...................................................     5

Written opening statements and bios are available on the U.S. 
  House of Representatives Document Repository at: 
  docs.house.gov.

                           INDEX OF DOCUMENTS

  * Article, CNN, ``Gun Crime Cases Fall As Agents Shift to 
  Immigration Crackdown''; submitted by Rep. Ansari.

  * Article, AZ Family, ``Arizonans Sheltering In Place After 
  Cartel Violence''; submitted by Rep. Biggs.

  * Article, Breitbart, ``AZ Gun Dealer Facing Terrorism Charges 
  for Alleged Sales to Cartels''; submitted by Rep. Biggs.

  * Article, Phoenix New Times, ``AZ Guns are Fueling A Drug 
  Cartel War in Mexico''; submitted by Rep. Biggs.

  * Article, USA Carry, ``Gun Owners of America Battles AFT `Gag 
  Order' ''; submitted by Rep. Biggs.

  * Article, AOL, ``Mexican National Sentenced in Major Middle 
  East-Mexico-AZ Smuggling Scheme''; submitted by Rep. Biggs.

  * Article, Breitbart, ``RPG Launcher Tube, Rifles Hidden in 
  Lexus Headed to Mexico''; submitted by Rep. Biggs.

  * Letter to ATF, dated January 15, 2026; submitted by Rep. 
  Burlison.

  * Letter to ATF, dated February 14, 2025; submitted by Rep. 
  Cloud.

  * Letter from DOJ re Tiahrt, dated February 13, 2026; submitted 
  by Rep. Higgins.

  * Letter to Dep Director Cekada, dated January 28, 2026; 
  submitted by Rep. Higgins.

  * Letter to Dep Director Cekada re follow-up, dated April 6, 
  2026; submitted by Rep. Higgins.

The documents listed above are available at: docs.house.gov.

                          ADDITIONAL DOCUMENTS

  * Questions for the Record: Hon. Robert Cekada; submitted by 
  Rep. Crane.

These documents were submitted after the hearing, and may be 
  available upon request.


 
                   PRIVACY PROTECTIONS AND THE SECOND
                       AMENDMENT: EXAMINING ATF'S
                  RELATIONSHIP TO THE TIAHRT AMENDMENT

                              ----------                              


                         THURSDAY, MAY 14, 2026

                     U.S. House of Representatives

              Committee on Oversight and Government Reform

                Subcommittee on Federal Law Enforcement

                                                   Washington, D.C.

    The Subcommittee met, pursuant to notice, at 10:01 a.m., in 
room 2154, Rayburn House Office Building, Hon. Clay Higgins 
[Chairman of the Subcommittee] presiding.
    Present: Representatives Higgins, Gosar, Biggs, Perry, 
Boebert, Jack, Lee, Ansari, Bell, and Pressley.
    Also present: Representatives Cloud, Burlison, Crane, 
Clyde, and Frost.
    Mr. Higgins. The Subcommittee on Federal Law Enforcement 
will come to order.
    Welcome everyone. We welcome our audience. We ask that you 
observe all principles of polite decorum today, but we are 
happy to have you here.
    Without objection, the Chair may declare a recess at any 
time.
    I recognize myself for the purpose of making an opening 
statement.

           OPENING STATEMENT OF CHAIRMAN CLAY HIGGINS

                 REPRESENTATIVE FROM LOUISIANA

    Today, the Subcommittee on Federal Law Enforcement convenes 
to conduct critical oversight of the Agency charged with 
executing our Nation's firearms laws: the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, or ATF. We are honored to be 
joined by ATF's newly confirmed Director, Robert Cekada. 
Director Cekada has decades of experience and distinguished 
service within ATF and law enforcement. Director Cekada's deep 
expertise and his respect for the law and constitutional rights 
should give us optimism about ATF's future posture toward law-
abiding gun owners and the Second Amendment.
    Strong, principled leadership at ATF is all the more 
important now given the Agency's troubling disregard of Second 
Amendment rights over the past several years. One prominent 
example has been ATF's repeated failure to abide by a Federal 
law prohibiting the dissemination of firearms trace data known 
popularly as the Tiahrt Amendment. Firearms trace data is 
information about the chain of gun ownership and sale beginning 
from point of manufacture, maintained by the ATF's National 
Tracing Center, or NTC. Part of a 2003 Department of Justice 
Appropriations bill, the Tiahrt Amendment precludes ATF from 
sharing this data with anyone other than prosecutors or law 
enforcement agencies in connection with criminal 
investigations. The purpose of this law is clear. Failure to 
abide by the Tiahrt Amendment exposes informants, undercover 
officers, and lawful Federal firearm licensees, or FFLs, whose 
safety could be endangered by revelations in violation of 
Tiahrt.
    Despite Tiahrt's obvious importance to police and public 
safety, recent history has shown that ATF has sometimes 
disregarded the law. Some violations of Tiahrt have seemed 
unintentional, associated with accidental data disclosures 
while responding to FOIA requests. However, other violations 
clearly stem from the political and ideological opposition that 
some ATF bureaucrats have for the Tiahrt Law. There are several 
glaring recent examples, particularly during the Biden 
Administration.
    To begin, the Biden ATF assisted gun control groups in 
creating a map of gun shops, including those owned by some 
Members of Congress, by providing Tiahrt-protected data as part 
of a FOIA request. That is how this map was created. ATF's 
release of this data was a clear violation of Federal law and 
seemed intended to help anti-Second Amendment groups. 
Separately, the Biden ATF inadvertently disseminated Tiahrt-
protected data as part of a FOIA request from the group, Gun 
Owners of America, also known as GOA. ATF subsequently secured 
a gag order to prevent GOA from sharing the data. GOA, 
supported by several First Amendment groups, sued to retain 
access to the data by virtue of First Amendment press freedoms. 
Dishearteningly, this disregard for the law has not been 
limited to the Biden Administration. After the Biden ATF's 
inadvertent disclosure of Tiahrt-protected trace data to GOA, 
the DOJ under Pam Bondi re-released that same data, possibly 
purposefully, to make moot GOA's ongoing litigation against the 
ATF gag order. So, rather than protecting the public by 
preventing sensitive firearms trace data from falling into the 
wrong hands, the ATF has defied both the letter and the spirit 
of the law.
    ATF's approach to Tiahrt can serve as a window into the 
Agency's successes and failures upholding the Second Amendment 
and ensuring protections on sensitive law enforcement data. The 
Biden Administration, in particular, took a variety of 
troubling actions in this regard. Under President Biden, ATF's 
``zero tolerance enforcement policy,'' which threatened to 
close firearm businesses over even small, non-material 
paperwork and clerical errors, increased reliance on inspection 
records and compliance data to revoke firearms licenses. The 
Biden Administration ATF used bureaucratic complexities to prey 
upon legally operating firearms dealers and license holders. 
Furthermore, Biden-era regulatory changes and enforcement 
guidance expanded who is considered ``engaged in the business 
of dealing firearms,'' potentially implicating unsuspecting, 
everyday Americans as federally regulated gun dealers and 
subjected them to severe penalties for noncompliance, including 
criminal prosecution.
    I have faith that the current Administration will continue 
to roll back the Biden ATF's most destructive regulations. A 
recently announced batch of ATF proposed rulemakings seem to do 
just that, and I encourage that action. However, ATF's improper 
treatment of Tiahrt-protected data demonstrates that rigorous, 
ongoing congressional oversight of the Agency is necessary 
regardless of which party controls the White House. I thank 
you, my friend, Director Cekada, for joining us today to 
discuss this crucial subject along with other Second Amendment 
issues. I look forward to today's hearing.
    I now recognize the Ranking Member of the Subcommittee, Ms. 
Summer Lee of Pennsylvania, for the purpose of making in an 
opening statement.

         OPENING STATEMENT OF RANKING MEMBER SUMMER LEE

                REPRESENTATIVE FROM PENNSYLVANIA

    Ms. Lee. Thank you, Mr. Chair, and I also look forward to 
and am excited to have a hearing existing. I do have to wonder, 
though, what it will take to actually get my Republican 
colleagues to take action to prevent gun violence because 
Columbine was not enough, and Sandy Hook was not enough, Las 
Vegas was not enough, and Parkland was not enough, and Pulse 
Nightclub was not enough. Even your President being shot at 
multiple different times was not enough.
    Last year, according to a tracker by Everytown, there were 
38,368 incidents of gun violence in the United States, 
resulting in 13,926 deaths, 21,686 injuries. Gun violence 
remains the leading cause of death for children in the United 
States of America. Mr. Chair, your home state of Louisiana had 
the highest gun violence death rate. Just last month, there was 
a mass shooting at a mall in Baton Rouge and another shooting 
in Shreveport where eight children were killed, yet this 
hearing with the new Director of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives is not about reducing gun 
violence. It is about privacy protections for gun dealers. 
Trump and Republicans have shown again and again that they do 
not care about this epidemic of gun violence. After a shooting, 
they at most post online thoughts and prayers, and then they go 
back to vehemently defending the Second Amendment. Sometimes 
they even mock these tragedies by wearing little assault gun 
rifle pins.
    Eighteen days after he took office, President Trump signed 
an executive order on protecting Second Amendment rights, which 
seems to be the only constitutional right that they care about. 
Falling in line with this executive order, Director Cekada 
recently announced new rules, none of which do anything to 
reduce gun violence. Among these proposed changes are a 
narrowing of the ``engaged in business rule,'' which generally 
ensures that for-profit gun sellers must obtain a Federal 
firearms license. He has also moved to deregulate bump stocks 
like the one used in a 2017 Las Vegas mass shooting that led to 
60 deaths.
    Trump and Republicans are not just making sure gun dealers 
and owners remain unregulated and unburdened. He has also 
attacked efforts to get to the root causes of gun violence. 
Trump closed the Office of Gun Violence Prevention, which 
helped hundreds of Americans and countless communities by 
offering the first-ever Federal response to mass shootings and 
gun violence. It responded to crises when they happened and 
connected local governments and municipalities with resources 
to help victims and survivors.
    Last year, the DOJ also abruptly terminated about $50--
excuse me--$500 million in Federal grants to more than 200 
organizations and local governments working on community safety 
and justice issues. One of the things is these organizations do 
is work to combat street violence and connect people with 
mental health services, and they get results. Studies have 
shown that community violence intervention programs reduce 
violence in communities and have contributed to lowering 
homicide rates. It is why I launched the Community Safety 
Caucus to prioritize this work. Real community safety means 
making holistic investments in people to root out the systemic 
challenges that perpetuate this cycle of harm, yet due to 
Trump's policies, many of these organizations doing this 
crucial work have had to roll back services or have had to 
close entirely.
    So, under this Administration, you cannot regulate guns, 
and you cannot have programs that address the violence in other 
ways. You cannot say that the money is not there. Surely we can 
take some of the $1 billion proposed for the Trump ballroom 
bunker and put it toward some of these violence reduction 
programs. Republicans want to control what books you read, what 
history you learn, how you identify, who you can love, our 
bodies. They want to control everything except the very thing 
that could prevent deaths of children and students and 
worshippers and shoppers in the only country on earth where 
this is a problem. It seems that they think those thoughts and 
prayers do enough, but that we, one of the most powerful body 
in this country, can do no more. I thank you, and I yield back.
    Mr. Higgins. The gentlelady yields.
    Without objection, Representatives Eric Burlison of 
Missouri, Michael Cloud of Texas, Andrew Clyde of Georgia, Eli 
Crane of Arizona, and Maxwell Frost of Florida are waived on to 
the Subcommittee for the purpose of questioning the witness at 
today's hearings.
    I am pleased to welcome today's witness. Robert Cekada is 
the Director of Bureau of Alcohol, Tobacco, Firearms, and 
Explosives. Confirmed by the Senate on April 29, Director 
Cekada brings with him over three decades of law enforcement 
and public service experience. Mr. Cekada's law enforcement 
career began with the New York City Police Department where he 
served from 1992 to 2000. He joined ATF as a special agent in 
2005 in the Baltimore Field Division. His successes in a 
variety of field assignments led to his promotion to ATF 
headquarters, where he has served in multiple senior leadership 
positions prior to his appointment as Director. Most recently 
he served as Deputy Director beginning in April 2025.
    I personally welcome Director Cekada for being here, and I 
would like to note that the gentleman made me a promise a few 
months ago that he would appear before this Committee at his 
first available day on his calendar after confirmation. He 
called me immediately after confirmation, very quickly, and 
advised me he intended to honor that promise, and here he sits 
today. Thank you for honoring your word, Mr. Cekada.
    Pursuant to Committee Rule 9(g), the witness will please 
stand and raise your right hand, sir.
    Do you solemnly swear or affirm that the testimony that you 
are about to give is the truth, the whole truth, and nothing 
but the truth, so help you God?
    Mr. Cekada. I do.
    Mr. Higgins. Let the record show that the witness answered 
in the affirmative. Thank you, sir. You may take a seat.
    We appreciate you being here today, and I look forward to 
your testimony. We all do. Let me remind the witness that we 
have read your written statement, and it will appear in full in 
the hearing record. Please limit your oral statement to 5 
minutes, sir. As a reminder, please press the button on the 
microphone in front of you so that it is on and Members can 
hear you. When you begin to speak, the light in front of you 
will turn green. After 4 minutes, it will turn yellow. When the 
red light comes on, your 5 minutes has expired. We ask you to 
please wrap up at that point.
    I now recognize Director Cekada for his opening statement.

                STATEMENT OF HON. ROBERT CEKADA

             DIRECTOR, BUREAU OF ALCOHOL, TOBACCO,

                    FIREARMS AND EXPLOSIVES

    Mr. Cekada. Thank you, sir. Good morning, Chairman Higgins, 
Ranking Member Lee, and Members of the Subcommittee. Thank you 
for the invitation to appear before you to discuss privacy 
protections and the Second Amendment.
    ATF is the only Federal law enforcement Agency whose 
primary mission is combating violent crime. We arrest violent 
criminals, disrupt firearm trafficking networks that arm gangs 
and cartels, investigate bombings and arson, and deliver world-
class forensic and intelligence services to state and local 
partners, all while protecting the Second Amendment and all 
rights of law-abiding Americans. We are a small Federal Agency 
with roughly 4,600 employees, but we are mighty, and our 
actions speak for themselves.
    Since January 20, 2025, ATF has arrested just over 8,700 
criminals and seized nearly 44,000 illegal firearms, 
approximately 5,100 of which were being interdicted with the 
intention to traffic them to Mexico, just over 2.7 million 
rounds of ammunition, and more than 28,300 illegal explosives. 
We have also made historic gains in eForm processing. By the 
end of May, we will have processed many eForm 1 and 4 
applications in 2026 as we did in the entirety of 2023. We have 
done all of this while cutting eForm processing times from 47 
days to 42 days, and cutting eForm processing times from 230 
days in 2023 to just 12 days today.
    Although I know this is not an appropriations hearing, I 
would be remiss if I did not point out that ATF's budget has 
suffered tremendously in the recent years. Congressional 
support for the President's Fiscal Year 2027 budget is, 
therefore, paramount to ensuring that ATF can continue to make 
gains in all of these areas this Subcommittee cares about, 
including tracing, ballistic evidence, and forensic laboratory 
examinations involving firearms, arson, and explosives, and 
reducing The National Firearms Act (NFA) eForms processing 
times. Given the compounded ATF cuts ATF has already absorbed, 
anything else would lead to catastrophic results in all of 
these efforts.
    The right to keep and bear arms is a constitutional 
guarantee, and ATF is committed to protecting and preserving 
it. As I said during my confirmation hearing, effective law 
enforcement and respect for civil liberties are inseparable 
obligations, and that is why ATF has entered a new era of 
reform to rebuild trust with the industry, the Federal firearms 
licensees, lawful gun owners, and the public while still 
prioritizing our efforts on public safety. Some of the specific 
actions I have taken include establishing a Senior Industry 
Partnership Advisor position to address industry concerns and 
foster proactive engagement with the regulated community; 
revoking the enhanced regulatory enforcement policy, sometimes 
referred to as a zero tolerance policy, and replacing it with a 
new policy that emphasizes fairness and transparency while 
recognizing that FFLs are often the first line of defense 
against gun crime; and I also implemented regulatory reforms 
last month where ATF issued 34 notices of final and proposed 
rulemaking following the comprehensive review that was 
conducted in compliance with the executive order on protecting 
the Second Amendment rights. The aim is simple: clearer 
regulations that do not compromise public safety. I encourage 
all of you and your constituents to submit comments on these 
proposed rules. We want to make sure that we get these right.
    ATF complies with all laws enacted by Congress. We do not 
have an illegal firearms registry, and we are committed to 
upholding the Second Amendment rights of law-abiding citizens 
and to protect their privacy, including and especially as it 
relates to the Tiahrt Amendment, the Demand Letter 2 Program, 
amongst others. Firearms trace data exists to support criminal 
investigations, full stop. Any decision to share trace data 
with anyone for any reason requires explicit legal 
justification to my office for awareness. Under my leadership, 
that standard is firmly in place. To the extent that Congress 
wishes to strengthen these or any other privacy protections, 
ATF and the Department stand ready to work with you.
    Mr. Chairman and Members of the Subcommittee, thank you 
again for the opportunity to appear before you today. ATF is a 
law enforcement Agency in the truest sense. We enforce the law, 
we follow the law, and we protect the rights the law 
guarantees. Through crime gun intelligence, forensic analysis, 
and relentless investigation, we identify and arrest violent 
offenders and gang members, dismantle trafficking networks, and 
sever the supply chains arming cartels, prohibited persons, and 
terrorist organizations, all while safeguarding lawful commerce 
and upholding the Constitution of the United States. Thank you 
again, and I look forward to your questions.
    Mr. Higgins. I thank the gentlemen for his opening 
statement, and I recognize myself for 5 minutes for 
questioning.
    Director Cekada, we are going to try to drill down in 5 
minutes here regarding the Tiahrt violations that have been 
well documented in modern history, driven for whatever purpose, 
accidentally or purposefully, by ATF. And perhaps we can 
concur, as you and I have discussed and others from your Agency 
have discussed, the root cause of why this is happening, and 
what Congress can do, driving more clarified, standalone 
legislation that will enforce the understanding of the Tiahrt 
policies that have been codified in appropriations riders for 
many years. But I think we can have more robust congressional 
action to more clearly lead not only your ATF, sir, but the ATF 
of generations yet to come.
    So, we are going to talk about this, but with an agreed 
purpose that we are going to continue to work together to 
address the Tiahrt concern and ultimately fix it between 
Article I authorities and Article II concurrence. Is that 
correct? Does that sort of summarize our----
    Mr. Cekada. Yes, sir.
    Mr. Higgins. Okay. So, we have established that the Tiahrt 
Amendments are fundamentally a law protecting privacy. It is 
meant to protect law enforcement officers and the citizenry. Is 
that correct?
    Mr. Cekada. That is correct.
    Mr. Higgins. Okay. So, on multiple occasions in recent 
years, protected firearms trace data was disseminated in 
contravention of the Tiahrt Amendment. This sometimes was done 
seemingly inadvertently, and other times it appeared to be 
intentional. Do you think ATF has strategically utilized 
Freedom of Information Act requests--FOIA requests--and 
disclosure as a means of sidestepping Tiahrt?
    Mr. Cekada. Sir, I do not believe that I am aware of any 
incident that it was done intentionally. I can tell you that, 
for certain, the one incident you mentioned that involved the 
Gun Owners of America, that was an inadvertent mistake 
attributed to two things, to be frank, nonetheless, a problem 
and a big mistake. It was attributed, A, to a lack of staffing 
and B, the software that we were using to redact information in 
an effort to respond to FOIA. The folks in our FOIA office in 
their review process selected the information set to be 
redacted, and the system had a clunky way of finalizing those 
redactions, and that was never done appropriately. No excuse. 
It was wrong. It should not have been released.
    The second release involving that same response did involve 
the DOJ, and I will not speak on their behalf, but as far as 
what ATF did after that, we did purchase new software----
    Mr. Higgins. Right.
    Mr. Cekada [continuing]. To ensure that we actually do not 
have any sort of human error in the future.
    Mr. Higgins. So, you feel confident that, based upon the 
existing culture of compliance with Tiahrt and the examples, 
that under your leadership, ATF accepts responsibility for and 
intends to learn from moving forward. You have been dealing 
with Tiahrt as an appropriations rider, unknown if it would be 
renewed year by year. It is expected to be renewed, but until 
it is done, it is not done. So, for 20 years, that has been the 
culture you have had to deal with, and we intend to pass 
permanent Tiahrt legislation, standalone legislation. Would 
that help, like, within the procedures and policies and 
cultures of the ATF to be more solid in compliance with Tiahrt?
    Mr. Cekada. If I may, sir, I think--I can tell you for 
certain during my time and under my watch, ATF completely 
respects Tiahrt. We will make sure there are no releases. Where 
there is a challenge, and I look forward to working with this 
Committee to help give Tiahrt the strength it needs to protect 
the eTrace data that we use, in particular because that data, 
as you stated, is used to protect our communities. Our law 
enforcement officers, our undercover operations, we use that 
information to identify and target violent criminals for our 
criminal investigations. That data is misused at times through 
different leadership in the local communities who compel our 
state and local partners to turn over that data.
    The only mechanism ATF has to hold them accountable is to 
cut a particular law enforcement off of eTrace. That is not a 
good solution for us. It is tough for us when that is the only 
option because if I cut that law enforcement agency off of 
eTrace, I am also, thereby, putting public safety at risk 
because that same police department is now not able to conduct 
their investigation.
    Mr. Higgins. Well, we want to work with you to stabilize 
that process and ATF policies. We are going to deliver you a 
more permanent fix there, sir.
    Without objection, I would like unanimous consent to enter 
into the record a letter from our office to the ATF dated 
January 28 of this year in reference to this topic; another 
letter from my office to Director Cekada, Deputy Director at 
the time, dated April 6, 2026; and a response from the 
Department of Justice to letters that we directed to them on 
this topic from just a couple of days ago.
    Without objection, so ordered.
    I now recognize the Ranking Member, Ms. Lee, for her 
questioning.
    Ms. Lee. Thank you, Mr. Chair. I would like to start by 
acknowledging the eight children who were shot and killed 
recently in the first of two horrific mass shootings in 
Louisiana. One of them was only three years old. Children 
should not face this kind of violence. They should not have to 
learn active shooter drills at schools. They should not have to 
worry about any of this. They should be living and playing and 
just being kids.
    I represent Western Pennsylvania, which includes 
communities that are still healing from the Pittsburgh 
Synagogue shooting, the deadliest antisemitic attack in 
American history. In my district, gun violence is not abstract. 
It is mass shootings, hate-fueled violence, and the daily 
community violence that devastates families. One of the few 
Agencies tasked with helping reduce gun violence is the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives, the ATF. So, I 
want to start with debunking some myths about the basic tools 
used by ATF central to all of this: gun tracing.
    Director Cekada, could you briefly explain in simple terms 
how gun tracing works?
    Mr. Cekada. Sure. First of all, good morning. Thank you for 
your question. So, the trace starts from the point of where the 
firearm was manufactured, and in most cases, a firearm goes 
from the manufacturer to a distributor and from a distributor 
to a wholesaler or a retailer. ATF uses that trace data to 
identify who the first purchaser was, and in some cases, the 
first purchaser could have been just a few days prior. In many 
cases, there is a period of time in between, and it varies from 
firearm to firearm.
    Basically, what our agents do is, when the trace is 
conducted, if it turns out to be in our out-of-business records 
at the National Tracing Center, we are able to query to see if 
that serial number is in the out-of-business records. If it is 
not in the out-of-business records and we have access through 
the eTrace system to the manufacturer's systems, we can 
identify, okay, which manufacturer was it. We contact them. 
They are all very cooperative. They tell us when it was 
manufactured, who it went to.
    Ms. Lee. Right.
    Mr. Cekada. And our investigators go out and interview 
folks----
    Ms. Lee. Thank you.
    Mr. Cekada [continuing]. To determine where that firearm 
first entered the public market.
    Ms. Lee. Yes. Thank you so much for that. So, gun tracing 
helps law enforcement figure out trafficking patterns, it helps 
to determine how a gun got to the crime scene, and it gives us 
viable information to stop the spread of illicit firearms. 
Director Cekada, ATF's gun tracing database is not the same as 
a searchable national registry of law-abiding gun owners, 
correct?
    Mr. Cekada. There is no searchable gun database for 
American gun owners.
    Ms. Lee. Thank you. So, because Federal law already 
prohibits a national gun registry, these rules are not in place 
to villainize gun owners. They are here to keep us safe. I 
emphasize this because Republicans have convened this hearing 
today around the Tiahrt Amendments, which are a cluster of 
riders to spending bills that limit how ATF and the FBI can use 
the data they collect to trace and track gun trafficking. These 
riders do not even really protect gun owners. They protect the 
gun industry.
    Now, Director Cekada, I would also like to ask you about 
the 34 rules you recently proposed either deregulating firearm 
requirements or streamlining processes to ease the burden on 
federally licensed firearm dealers. In announcing these rules, 
you were surrounded by representatives of firearm industry 
groups. Just yes or no, did you consult with gun industry-
affiliated groups, such as the National Rifle Association 
(NRA), Gun Owners of America, the National Shooting Sports 
Foundation (NSSF), which is the Firearm Industry Trade 
Association, in formulating and drafting the rulemakings?
    Mr. Cekada. No, we did not.
    Ms. Lee. Did you consult with any victims and survivors of 
gun violence?
    Mr. Cekada. No, we did not.
    Ms. Lee. Did you consult with any gun violence prevention 
organizations?
    Mr. Cekada. We did not.
    Ms. Lee. Are you familiar with the concept of industry 
capture? What would you say to those who look at the 
announcement and the process for crafting these rules and see 
that ATF is, or might perceive ATF to be, influenced by the 
very firearm industries it is meant to police?
    Mr. Cekada. Did you say, ``industry capture?'' I am sorry, 
I did not hear you properly.
    Ms. Lee. Yes, sir.
    Mr. Cekada. Yes. Did you say----
    Ms. Lee. I asked if you are familiar with the concept of 
industry capture.
    Mr. Cekada. Well, the first time I heard that was reading a 
news article, I believe, today, this morning, and so, I can 
tell you ATF is not captured by anyone. We are focused on doing 
our job and following the law. I purposely did not meet with 
anyone. We took the information that we have noticed over the 
years. Again, I have been doing this 34 years and working in 
the most violent cities in the United States and risking my 
life, along with the lives of all of our partners around the 
country, to try to make America's communities better. There is 
ambiguity in the law, and I think it is important for people to 
be able to follow the law, to understand the law, and when 
Federal agents do not understand the law themselves, that 
leaves all of us at risk. There should not be any room there.
    So, no, and again, people were upset at me from both sides 
because we did not include anyone, but in order to try and make 
changes, we had to do it in the way we did so that we can now 
discuss this through the Notice of Proposed Rulemaking (NPRM) 
process. Everyone--your constituents, everyone's constituents--
in this room will have the opportunity to comment. We will take 
those comments seriously.
    Ms. Lee. Okay. Thank you, and I look forward to that. And I 
will be sending you a letter with additional concerns and 
questions that I have around this rulemaking process, and I 
urge you to consider these regulations and remember your 
mission: to keep Americans safe. As it stands, Americans are 
not safe, and there is a deep perception and reality that there 
are certain lobbyists--the gun industry--that have influence 
over our processes, they have influence over policymaking, and 
it is important that we root that out and that we are honest 
about that. I thank you for your time, and I yield back.
    Mr. Higgins. The gentlelady yields. I recognize Mr. Gosar 
for 5 minutes of questioning.
    Mr. Gosar. Thank you, Chairman Higgins. The Firearm Owners 
Protection Act bans the Federal Government from creating a 
national gun owner database, and the Tiahrt Amendment prevents 
the ATF from sharing firearm records of law-abiding Americans. 
My bill, H.R. 7678, the GRIP Act, goes further by blocking 
Federal funds from helping states or local governments create 
similar databases. I introduced the GRIP Act in response to 
several unconstitutional disclosures of private information and 
firearms.
    In 2012, The Journal News published the names and addresses 
of gun permit holders in New York. In 2022, the California 
Department of Justice released the personal information of 
nearly 192,000 concealed carry applicants. And in 2024, the ATF 
released the firearm records to USA Today despite those records 
being protected under the Tiahrt Amendment. Later that same 
year, the ATF also released firearm data to the far-left 
magazine known as The Trace in violation of Federal law. My 
bill, the GRIP Act, makes sure that Federal tax dollars are 
never used to support state recordkeeping systems that put 
Americans' privacy at risk.
    Director Cekada, does the Federal Government maintain any 
Federal firearm databases?
    Mr. Cekada. Sir, the closest thing to what I would call a 
database is the National Firearms and Transfer Record, which 
applies to NFA firearms. As it applies to any other firearms 
that are under the Gun Control Act (GCA), there is no database.
    Mr. Gosar. Okay. So, in 2021, a memo leaked by Gun Owners 
of America revealed that the ATF does have a Federal firearm 
database containing over 50 million out-of-business records of 
gun dealers. Is this not a firearm database maintained by the 
Federal Government?
    Mr. Cekada. It is not a firearms database. Again, sir--I am 
sorry--I will explain what the out-of-business records are, and 
the out-of-business records are, under law, as well, once a 
Federal firearms licensee goes out of business, they are 
required to turn over their records to ATF within 30 days. 
ATF's National Tracing Center ends up processing these records 
that come in all shapes and forms--ripped, torn, old, moldy, et 
cetera--and they scan these forms into our system there.
    In the system, the only thing that is actually searchable 
is a serial number, and most manufacturers' serial numbers are 
repeated. Even when, for example, a police officer tries to 
determine if a firearm is stolen, you have to include make, 
model, and serial number to be able to determine which firearm 
you are actually referring to. Those records are completely 
separate from every active Federal firearms licensee that is 
operating in the United States. So, if we try to conduct a 
trace and we try those initial out-of-business records, which 
we are required to maintain by law, and we strike out, we do 
not have anything, we have to try to determine when it was 
manufactured from the manufacturer, then we get to that Federal 
firearms licensee, and then it is a phone call where they 
actually have to go through all their files and find the 
individual 4473 if they are using a paper system. A lot of the 
FFLs today use a digital system that we do not have access to.
    So, they are able to tell us in short order, if we call 
them late at night that, Madam Proprietor, hey, there was a 
shooting, we are trying to track down who may have had this 
firearm, they have to go through their records to provide us 
that information. We do not have access to it. And ultimately, 
for court, we would go and obtain an original copy, provide 
them with the receipt, and then return the original copy once 
we were done with the case.
    Mr. Gosar. So, has the ATF ever violated the Tiahrt 
Amendment?
    Mr. Cekada. As I said, we have, what I am aware of, 
inadvertently. I am not aware of any intentional releases done 
by anyone on my staff during my time that I have been in a 
leadership position.
    Mr. Gosar. So, you said that it has been violated, right?
    Mr. Cekada. Say it again, sir?
    Mr. Gosar. The Tiahrt Amendment was violated, right?
    Mr. Cekada. It was, and as I answered Chairman Higgins, 
that there was an inadvertent leak that I am aware of--not a 
leak--an inadvertent failed attempt to redact information that 
was responsive to GOA, and that resulted in information being 
released that should not be released. So, you are correct.
    Mr. Gosar. Okay. Well, I am strongly opposed to any gun 
owners database. Congress must pass my bill to defund state 
registries and eliminate all Federal gun owner registries. 
Whether it lasts 60 years, 30 years, 20 years, and ten years, a 
registry is still a registry. Congress has always rejected the 
idea of government keeping a list of firearm owners. Thank you. 
I yield back.
    Mr. Higgins. The gentleman yields. Mr. Bell is recognized 
for 5 minutes for questioning.
    Mr. Bell. Thank you, Mr. Chair. First, it is really good to 
see the Moms Demand Action t-shirts in the crowd. I should have 
expected that, but it is certainly a pleasant surprise to see 
you all there. I say it all the time, if you want to know my 
policies on commonsense gun safety laws, look at their website.
    Mr. Cekada, unlike many of this Administration's 
appointees, you actually have experience in this field, and so 
that is actually refreshing to see. But as a former prosecutor, 
which I am sure you have been involved in many of these 
investigations like myself, I have learned a simple reality, 
and that is most guns used in crimes started somewhere legal. 
They are manufactured, sold by a licensed dealer and a 
background check is completed, and that is where the paper 
trail begins and, too often, where it ends. But what happens 
next is the real problem, simple but yet profound, and that is 
guns move. Guns move from licensed dealers into the secondary 
market. They move through unlicensed sellers who are not 
running background checks, are not keeping records, and are not 
accountable to anyone, and they end up at crime scenes. And too 
often I have shown up at crime scenes and seen not only people 
being harmed, but children as well, both of which are tragic.
    The Bipartisan Safer Communities Act addressed the loophole 
law enforcement had raised concerns about for years. The 
``engaged in the business'' rule created clear standards for 
when repeated gun sales crossed the line into illegal, 
unlicensed dealing. But on May 6, 2026, of this year, 
obviously, ATF published proposed changes that would weaken 
that rule. Weakening these standards makes it harder to ensure 
repeat for-profit guns sellers get a Federal license, keep 
records, and run background checks, and when you roll back 
these standards, the behavior does not stop. The accountability 
is what stops. Unlicensed sellers can operate more freely, sell 
more guns, and do so knowing it will be harder for law 
enforcement to stop them, and we know how this story ends. 
Missouri already showed us.
    In 2007, Missouri repealed its permit-to-purchase law, and 
firearm homicides increased by 47 percent in our state. Law 
enforcement also began recovering much newer guns at crime 
scenes, a sign that illegal gun trafficking was increasing, but 
here is what makes this moment especially troubling. We are not 
just weakening an enforcement tool. We are doing so while this 
Congress is further threatening our ability to track the impact 
of these decisions through limits on gun trace data and 
research.
    Director Cekada, I have several questions about how the ATF 
plans to explain that to the American people. So, how does 
weakening the engaged in the business rule improve public 
safety?
    Mr. Cekada. First of all, good morning, and thank you for 
your question. The ``engage in the business'' rule did not help 
public safety at all, to be very frank, so this is not the 
first attempt that was done in the history that I have been 
working with ATF.
    Mr. Bell. I am going to reclaim my time just because I am 
short on time, and I want to get as many questions as I can.
    Mr. Cekada. Sure.
    Mr. Bell. In this proposal, ATF concedes that weakening 
this rule may cause some previously deterred sellers to go back 
to operating without a license. The resulting risk to public 
safety is described as de minimis. Please explain that 
characterization to this Committee because families impacted by 
gun violence in my district and across the country might 
describe those consequences very differently. How did ATF reach 
that conclusion?
    Mr. Cekada. ATF reached that conclusion because to become a 
Federal Firearms Licensee (FFL), you have to go through ATF to 
get a Federal firearms license. We know how many come into 
business each year and how many go out of business each year. 
So, we specifically were looking at those numbers and saw a 
minuscule increase in the number of people who became Federal 
firearms licensees since the time that the ``engaged in the 
business'' (EIB) rule came into effect, and for us, that showed 
us nothing. It showed a zero impact in helping public safety, 
but the negative result on ATF, when you compile some of the 
other things that were put on the Agency, frankly, some of the 
release of other information, some of the efforts as it was on 
stabilizing brace and other things, all caused the Agency to 
receive a negative result on our budget, which I can tell you 
had a negative impact on public safety.
    The ``engaged in the business'' rule, I can give you an 
example. Every year, somewhere between 6,000 to 9,000 FFLs go 
into business. Six thousand to 9,000 go out of business. Kind 
of like the restaurant business, it is a tough business, and 
there are folks that have been doing this for decades and they 
have been following the rules, and those people interact with 
ATF very much. I will make one comment because you mentioned 
Bipartisan Safer Communities Act (BSCA). I would like----
    Mr. Bell. Well, briefly, because I want to be respectful to 
the time. The problem is that what we are seeing is the gun 
violence increasing. You cannot weaken accountability, limit 
the data used to measure the results, and still claim you are 
protecting public safety. I yield back.
    Mr. Higgins. The gentlemen yields. Representative Perry 
from Pennsylvania is recognized 5 minutes for questioning.
    Mr. Perry. Thank you, Mr. Chairman. Mr. Cekada, thanks for 
your service to our country and for the work that you do. I am 
just curious generally about your professional and your 
position/relationship with the Department of Justice and the 
Attorney General.
    Mr. Cekada. Well, first of all, good morning----
    Mr. Perry. Good morning.
    Mr. Cekada [continuing]. And thank you again. So, I met the 
current Acting Attorney General, I think it was February or 
March of last year. The entire team at the Attorney General's 
office is new, so I have only known them through a professional 
work relationship since that time.
    Mr. Perry. All right. I have got a lot of questions about 
the DOJ, and I am trying to see how they might pertain to you. 
So, when the DOJ does things that seem to be in your lane as 
the Director of the ATF, do you weigh in? Do you have regular 
meetings? Does your staff question? How does all that go, or is 
there no conversation whatsoever, they do their thing, you 
watch from afar, you might agree, disagree? So, I am just 
wondering about that.
    Mr. Cekada. I think that is a pretty broad question. So, I 
think in the areas that--we have meetings on a regular basis. 
We are in phone contact daily: if not once a day, multiple 
times a day.
    Mr. Perry. Okay.
    Mr. Cekada. But there are things, for example, matters that 
were in the courts in a legislative area that DOJ was handling. 
I do not work with them on a daily matter at all. A civil 
litigation that is being represented by DOJ, they will handle 
it. They may consult with our Chief Counsel at ATF to ensure 
that we are in the right lane. But for the most part, they will 
deal with ATF when it involves, for example, the regulatory 
package that just went out, any criminal enforcement operations 
that we have targeting cities that are being impacted by 
violent crime. I will present, not the minutia, as to what is 
going on in the operation, but we will lay out the plan for a 
surge in a number of cities to reduce violent crime.
    Mr. Perry. Okay. Thank you, and I am wondering particularly 
about actions that DOJ has taken, and I know that you may not 
have been here as long as some of these things, but the 
previous Administration accidentally sent GOA unredacted 
information in a FOIA production. The ATF secured a gag order 
against the GOA. Now, that was the ATF, secured the gag order 
against the GOA, which, generally, gag orders are meant to 
protect those that the government is prevailing upon, not 
silence them. So, in that regard, what has been your input 
regarding that particular instance? Are you familiar, or are 
you not familiar?
    Mr. Cekada. I am, and that is the same case that we were 
talking about earlier, sir, the case that GOA was involved in, 
and that did occur in the previous Administration, so I was not 
personally involved in that, but I am familiar with it. And as 
I stated, that particular case was an inadvertent release by 
our employees in the FOIA section.
    Mr. Perry. Right.
    Mr. Cekada. So, as far as ATF's discussion at the time and 
DOJ's input, I was not involved. I am not aware what the 
conversations were about that matter.
    Mr. Perry. And allegedly, the same program was used to spy 
on so-called January 6 defendants and to enforce state so-
called assault weapons bans. Are you familiar with that?
    Mr. Cekada. I am not.
    Mr. Perry. Do you know if anybody has been held accountable 
at ATF for those actions?
    Mr. Cekada. If you can be specific as to which actions you 
are referring to?
    Mr. Perry. The ones that were used to enforce state assault 
weapons bans for the----
    Mr. Cekada. I am not familiar with that, and just to be 
clear, as to the GOA, the inadvertent release, no one has been 
held accountable because we do not believe that anyone actually 
did anything intentionally, but we have held ourselves 
accountable by changing process and purchasing the appropriate 
application to prevent and eliminate things like that again.
    Mr. Perry. All right. Are you familiar with the DOJ's 
interpretation of the reconciliation language that was passed 
in the House and the Senate and signed by the President 
regarding the zero taxation of short-barreled rifles and 
suppressors? Are you familiar with the DOJ's interpretation, 
and do you agree with it?
    Mr. Cekada. I am not familiar with the specific verbiage. I 
understand our responsibilities that came along with it. 
Effective January 1, ATF has done everything we could do to the 
best of our abilities to ensure we are in compliance with that.
    Mr. Perry. If you have a disagreement with the DOJ 
regarding their interpretation of that law or any other one, 
how is that evidenced? Do you send a letter? Do you speak to 
the Attorney General? How is it evidenced publicly so that we 
as the elected officials and representatives each of 760,000 
bosses--our citizens--how do we articulate any difference of 
opinion that you might have with the DOJ?
    Mr. Cekada. Sir, I apologize. I am not familiar with the 
difference of opinion. I believe that ATF and DOJ are in line 
with ensuring we are in compliance with the zero tax law, and I 
was preparing from that from the moment it came into place, I 
believe it was June or July of last summer. It became effective 
in January, and to be clear, we did that with zero increase to 
our base. We did that with our own employees looking at the 
systems that we have, and looking at the process, and making 
significant changes. All of the reductions in processing time 
that I mentioned to you was not from us investing in new 
systems. It was from our people looking at why are things done 
a certain way and modernizing how we do it.
    Prior to zero tax actually coming into effect, I tested the 
system myself. I never purchased a suppressor before because I 
could afford to buy one and I do not want to wait 14 months to 
get one. So, in November when we made the changes, I was happy 
to see--I did not tell any one of these folks, but I went out 
and purchased one--I was happy to see within about 48 hours, I 
was able to get an approval versus what was 14 months not too 
long prior to that. Those numbers have increased a little bit 
because on January 1, when it went into effect, the system took 
a little bit of a shock, but in the meantime, we are still at 
greatly reduced numbers from where we were in the years before.
    Mr. Perry. My time has along expired. I yield, Mr. 
Chairman. Thank you.
    Mr. Higgins. The gentlemen yields, and Ms. Pressley is 
recognized for 5 minutes for questioning.
    Ms. Pressley. Thank you, Mr. Chair. Good morning, Director 
Cekada.
    Gun violence is a public health crisis, and this 
Administration is failing to meet it with the urgency that it 
demands. Across our country, including in my district, the 
Massachusetts 7th, families are bearing the devastating 
consequences of shootings, trafficking, domestic violence, 
femicide, suicide, and community trauma. Just this past Monday, 
a gunman armed with an assault rifle opened fire on random 
drivers and pedestrians traveling along Memorial Drive in 
Cambridge, terrorizing people in broad daylight. Constituents 
in my district and communities across this country should not 
have to live with the constant fear that their daily commute 
could become a mass casualty event. Now, while Massachusetts 
has some of the strongest gun safety laws in the Nation, more 
than two-thirds of guns recovered from crimes in our 
Commonwealth originate from out of state. At the same time, 
communities are demanding accountability.
    Director Cekada, your Agency has weakened oversight of gun 
dealers by ending the zero tolerance policy for firearm dealers 
who violate the law. Mr. Director, yes or no, should gun 
dealers who willfully sell firearms to prohibited individuals 
be allowed to continue operating? Yes or no.
    Mr. Cekada. Your statement is a violation of the law, and 
they should be put out of business if they willfully violate 
the Gun Control Act.
    Ms. Pressley. All right. That is right. These dealers are 
breaking the law and previously would have had their licenses 
to sell revoked, but your Agency repealed that policy. 
Accountability should not be a radical concept here. Instead, 
your Agency has chosen to weaken enforcement while 
simultaneously defending policies that limit access to data 
that communities need to combat gun violence. This is bad 
public policy. This is bad for public safety. This is bad for 
public health. Survivors of gun violence carry lifelong trauma, 
especially our children. Increasingly so, a childhood is a 
privilege instead of a right. Young people are growing up 
internalizing trauma as a normal part of daily life: active 
shooter drills, memorials outside of school, parents afraid to 
allow their children to walk home alone. Now, all the data 
supports that exposure to gun violence has profound and lasting 
impacts on childhood development, mental and physical health, 
and educational attainment.
    In the full Oversight Committee, I convened the first ever 
congressional hearing on childhood trauma. It was illuminating 
and devastating. Children who witness gun violence are more 
likely to experience anxiety, depression, and post-traumatic 
stress disorder (PTSD) well into adulthood. These children and 
their families are the people you should be centering in your 
work, Director Cekada. I believe the people closest to the pain 
should be the closest to the power, but let us look at who you 
are instead holding close to the power: not the traumatized 
children, not the grieving mothers, not the classroom educators 
who every day wonder is today the day that I will have to 
shield my student from a shooter.
    Instead, this is a picture from your signing ceremony 
announcing over 30 changes to end gun safety protections, and 
standing directly behind you are the leaders of the gun lobby: 
the NRA, the National Shooting Sports Foundation, the National 
Association for Gun Rights, and others who have spent decades 
obstructing commonsense gun safety measures. The gun lobby is 
controlling the regulators while our communities are paying the 
price, burying loved ones, and raising children in fear. The 
shame and the sham of it all. I yield back.
    Mr. Higgins. The gentlelady yields. The gentleman from 
Arizona, Mr. Biggs, is recognized for 5 minutes for 
questioning.
    Mr. Biggs. Thank you, Mr. Chairman. Director, thank you for 
being here today, and shortly after you were sworn in, you did 
announce some rulemaking that you were going to change, and a 
few of these would do the following: end the Biden-era enhanced 
regulatory enforcement policy that unfairly targeted lawful 
firearms dealers unfairly; emphasize public safety while 
deemphasizing punitive measures for clerical errors; restrict 
the Agency's National Instant Criminal Background Check 
System--the NICS system--alerts to Federal gun trafficking 
violations; improve the Agency's response times to inquiries 
from FFLs; and ended bans on the importation of dual-use 
barrels and non-lethal training ammunition. How are you doing 
in getting those rules passed and implemented, sir?
    Mr. Cekada. Well, good morning, sir. Thank you for your 
question. So, there are lot of things that you mentioned there 
that I think people are reviewing now to see what their 
thoughts are on their perspective. I will tell you that we have 
heard some initial thoughts from both sides: the gun safety 
community and from the Second Amendment community. Initially, I 
think there was a lot of comments as I made the announcement, 
and there was, I think, two sentences of text out on each reg. 
I heard that the world was ending on one side, and on the other 
side I did not do enough.
    So, I think as the text is coming out, people are starting 
to read and doing exactly what I was hoping they would do, is 
starting to make comments into the process through the 
rulemaking process. And we hope that they share with us their 
concerns from the gun safety community and from the 2A 
community as to, hey, did we hit it----
    Mr. Biggs. Director----
    Mr. Cekada [continuing]. Or did we miss something.
    Mr. Biggs. The 2A community is also a gun safety community.
    Mr. Cekada. I agree. I agree.
    Mr. Biggs. That is important to distinguish that----
    Mr. Cekada. I agree.
    Mr. Biggs [continuing]. And always remember that----
    Mr. Cekada. I agree.
    Mr. Biggs [continuing]. As opposed to the anti-gun 
community. So, what I want to know, is one of them was firearms 
electronic recordkeeping, and tell me why is it better to store 
records the way the rule proposes right now, it is proposed 
1140-AA94.
    Mr. Cekada. I am sorry, sir. I did not hear you well. I 
apologize.
    Mr. Biggs. Yes, I am sorry. The firearms electronic 
recordkeeping and rulemaking proposal, why is it better to 
store records that way?
    Mr. Cekada. Well, first of all, it is much easier for us 
when we work with the FFLs. If they are using an electronic 
form, the number of errors that they make are greatly reduced 
because the system helps them check through the processing of 
the 4473s. In years past, the handwritten 4473s, the FFLs often 
made a template, kind of like what we went through in school 
where your teachers would grade your exams, and they were 
rushing through to do things properly, would make, as you 
stated, some administrative mistakes. So, that, combined with 
the changes to the 4473 that we proposed, which would make 
things simpler to be able to answer the important questions 
without trying to trick anyone. I have had to pause numerous 
times filling out a 4473 with no concern as to any criminal 
record, but wanting to make sure that I did not make a mistake, 
that somehow I was going to get in trouble.
    So, we tried to make that a form that answers all the 
concerns of government and public safety, but also to do it in 
a way where some of these systems allow for a driver's license 
to be swiped into the reader, and it fills out all of the 
information into the electronic form, which, thereby, again, 
reduces the amount of errors that can be in that form. So, for 
us and for the consumer and the public, that was the best way 
to proceed and would allow people to do so.
    Mr. Biggs. One of the things then that I want to ask then, 
and it kind of follows up with what Rep. Gosar was talking 
about, is what safeguards and protections of data privacy, 
protecting from intrusion by both the government and private 
citizens, does this system have in place, or what you hope and 
envision being in place?
    Mr. Cekada. Yes. So, again, to be clear, we have zero 
connection to the system that the Federal firearms licensees 
use. It does make it much more efficient for a Federal firearms 
licensee in receiving a phone call from ATF regarding following 
up on a criminal investigation. Instead of sorting through 
hundreds or thousands of paper records, they can go through an 
electronic system, allow them to retrieve what they need, and 
provide ATF with a specific answer to our questions.
    Mr. Biggs. Thank you. In the last seconds, I am going to 
pose this question. I do not think you are going to have time 
to respond to it, but right now in Maricopa County, we still 
see, in Arizona, a massive amount of drug cartel and criminal 
cartel activity, and one of the things that is going on is they 
are sending guns and firearms south of the border. And so, you 
got drugs coming up, guns going down, cash going down, and 62 
percent of the U.S. guns recovered within the Sinaloa drug 
cartel war have been traced right back and have been trafficked 
out of Arizona. So, I guess my question is, and you do not have 
time to answer it, but we will maybe get together afterwards, 
but I would like to know what your position is on how to--what 
operations you have taken, in place, to stop southbound 
trafficking of weapons. And I think that is critical in our 
relationship with Mexico, but also in the United States.
    And so, with that, Mr. Chairman, thank you for indulgence, 
and I yield.
    Mr. Cekada. I would love to answer that question if I am 
allowed to, sir.
    Mr. Higgins. Yes, sir, go ahead.
    Mr. Cekada. I will keep it short.
    Mr. Higgins. Go ahead and briefly answer the gentleman's 
question.
    Mr. Cekada. And we can go into further details in the 
future, but so long story short, under the last Administration 
under BSCA, there was authorities for firearms trafficking. 
Sadly, my agents in Arizona specifically tried to present over 
250 cases where about that many defendants were identified as 
being involved in trafficking conspiracies to Mexican cartels, 
specifically mainly in rifles and belt-fed firearms that were 
being sourced on behalf of the cartels through straw purchasers 
and traffickers that were actually cartel members. Sadly, the 
U.S. Attorney at the time refused to take those charges 
forward. So, I sat there gaining great concern not only for the 
community in the United States, but also in Mexico, and living 
in the past of our fears, I saw Operation Fast and Furious 
developing again where ATF was tracking firearms that were 
already sold and no one was doing anything about it, and we 
were going to be held accountable.
    I approached Todd Blanche, who, he and Emil Bove had just 
started there, and I literally brought a stack to them and 
said, ``Hey, although we had the BSCA, nobody was getting 
charged. I need some help on this because ATF is not going to 
sit back and take the blame for cases that should be charged by 
a Federal prosecutor.'' They jumped on it. We started working 
on the highest-priority cases. As a result of the work that my 
folks are doing, we have charged the first conspiracies 
involving dirty FFLs. One I will name because it is public, 
Grips By Larry, who was involved in trafficking large amounts 
of belt-fed firearms through a series of straws, but also 
cartel members who recruited these straws. Those people are now 
charged with providing material support to a terrorist 
organization.
    The goal of that is to serve significant deterrence, and as 
we talked about, we do not prevent violent crime by threatening 
gun owners and law-abiding citizens. We prevent violent crime 
by holding criminals accountable and serving through the courts 
a significant sentence that serves as a deterrence, and that is 
what I have seen as the best measure of defense to the public.
    Mr. Biggs. I look forward to more details and meeting with 
you one-on-one, Director.
    Mr. Higgins. We appreciate that answer, and I appreciate--
--
    Mr. Biggs. I have some UCs.
    Mr. Higgins [continuing]. The indulgence of the Ranking 
Member.
    Mr. Biggs. Can I do UCs, Mr. Chairman?
    Mr. Higgins. The gentlemen from Florida, Mr. Frost.
    Yes to unanimous consent?
    Mr. Biggs. Yes, if you do not mind. ``RPG Launcher Tube, 
Rifles Hidden in Lexus Headed to Mexico;'' ``Arizona Gun Dealer 
Facing Terrorism Charges for Alleged Sales to Cartel;'' 
``Mexican National Sentenced in Major Mid-East Mexico-Arizona 
Smuggling Scheme;'' ``Arizona Guns are Fueling a Drug Cartel 
War in Mexico;'' ``Arizona Sheltering in Place After Cartel 
Violence;'' and ``Gun Owners of American Battles ATF Gag Order 
Over Secret Surveillance of Legal Guns.''
    Mr. Higgins. Without objection, so ordered.
    The gentleman from Florida, Mr. Frost, is recognized, and 
thank you for your patience, Mr. Frost.
    Mr. Frost. Yes.
    Mr. Higgins. You are recognized.
    Mr. Frost. Yes. Thank you, Mr. Chair. Director Cekada, you 
were sworn in as Director of ATF on April 29. On the same day 
that you were sworn in, you announced over 30 changes to 
Federal firearm regulations with representatives of the gun 
industry standing behind you, corporate interests, and then 
published just a few days later on May 9. So, the average 
person sees and says, well, the way this is supposed to work is 
you get sworn into a job, you get into the work, you work with 
your staff, and you figure out what changes you want to make, 
but the fact that you announced over 30 changes in just a few 
hours shows us that obviously there was some work done before 
you were sworn in before you got the actual job, so I have some 
questions around that, Director. Did you start developing these 
regulations or these changes under the Biden Administration or 
the Trump Administration?
    Mr. Cekada. Well, good morning, sir, and thank you for your 
question. To be clear, when the Biden Administration exited, I 
was the Executive Assistant Director for Operations at ATF, and 
I was shortly thereafter promoted to the Deputy Director where 
I had complete oversight of our Agency's operations since April 
2025. So, the work did not start on May 8 or May 1. We have 
been working as an Agency together for over a year, as we were 
supposed to under President Trump's Second Amendment Executive 
Order, to review all policies, regulations, and other items----
    Mr. Frost. So----
    Mr. Cekada [continuing]. That may have----
    Mr. Frost. Yes, sir. Thank you. Thank you. I appreciate it. 
So, you have been working on the slew of 30 different 
deregulatory things. You have been working on it before you 
were sworn in. You had these ideas before you were getting 
ready to put them forth, I guess, hoping that one day you might 
be nominated as a Director.
    Mr. Cekada. No, that is not true. They were going to go 
forward regardless because ATF was still tasked by the 
President to proceed with this review, and we were going to 
push them forward, frankly----
    Mr. Frost. So, yes, sir----
    Mr. Cekada [continuing]. Whether I got confirmed or not.
    Mr. Frost [continuing]. And thank you. I am going to 
reclaim my time. And so, I do not see a world where the 
President would nominate you to this position without knowing 
that you would actually move forward with putting forth these 
30 regulations that you say you had been working on because of 
the executive order. Were these regulations discussed in any 
interview that you had for your promotion? Yes or no.
    Mr. Cekada. I have never talked to the President about any 
regulations.
    Mr. Frost. Anyone in the Administration?
    Mr. Cekada. The only people I have talked to about 
regulations are at DOJ.
    Mr. Frost. DOJ. So, did they discuss with you these 
regulations before you were nominated for this position?
    Mr. Cekada. No. ATF worked on these, and we developed the 
initial drafts, and then there is a review process that 
involved----
    Mr. Frost. Yes, sir. I reclaim my time. Did you agree to 
enact any of these regulations in your discussions?
    Mr. Cekada. Say that again?
    Mr. Frost. Did you agree to enact any of these regulations 
in your discussions before you were nominated?
    Mr. Cekada. Well, first off, these are proposed----
    Mr. Frost. It just ``yes'' or ``no,'' sir, yes.
    Mr. Cekada. Well, sir, sorry, that does not answer the 
question.
    Mr. Frost. It does answer the questions. Did you agree to 
enact any of these regulations or put forth these rules or 
proposals? I know how the process works, Director.
    Mr. Cekada. Sir, you do not actually know.
    Mr. Frost. Yes, I do.
    Mr. Cekada. No, you do not.
    Mr. Frost. Yes, I do. Did you agree to put forth these 
proposals for rule changes while you were having discussions 
about your possible promotion? Yes or no. That is it.
    Mr. Cekada. The answer is not going to be ``yes'' or 
``no.'' So, the answer is they are proposals, not enacted 
rules, and, yes, I----
    Mr. Frost. They are proposed rules, yes. Were they 
discussed while you were talking about your promotion? Yes or 
no.
    Mr. Cekada. Sir, this has nothing to do with my promotion.
    Mr. Frost. Sir, I answer the questions. You answer the 
questions, sir. I am just asking. Why are you----
    Mr. Cekada. I am not going to answer ``yes'' or ``no'' to a 
question that cannot be answered ``yes'' or ``no.'' Sorry.
    Mr. Frost. Why can't it be answered ``yes'' or ``no?''
    Mr. Cekada. Because you are intentionally trying to argue 
with me here about something that you are completely wrong on. 
First of all, the regulations are not finalized. Those are----
    Mr. Frost. I know. I am saying ``proposed rules.''
    Mr. Cekada. No, you do not know because you keep telling 
me----
    Mr. Frost. So----
    Mr. Cekada [continuing]. They are enacted, and they are not 
enacted. Proposed.
    Mr. Frost. Proposed rules.
    Mr. Cekada. You keep mixing up the words to try to trap me.
    Mr. Frost. Proposed rules. Were those discussed while you 
were talking about the possible promotion? Yes or no.
    Mr. Cekada. They were discussed with no guarantee of any 
sort of promotion. As you know, the Senate does get to make a 
decision that I am not involved in.
    Mr. Frost. Yes. So, in your discussions with folks in the 
Administration about your possible promotion, the proposed 
rules were discussed with them. You are saying yes.
    Mr. Cekada. Of course they were. I told you that multiple 
times.
    Mr. Frost. Okay. Thank you. That is all I wanted. Do you 
believe you were promoted to do that, to put forth this package 
of 30 different proposals?
    Mr. Cekada. This is not going to be a ``yes'' or ``no'' 
answer either. So, sir, I could have retired in November. I did 
not need a promotion.
    Mr. Frost. I understand. I will take my time back. I know 
you could have retired in November.
    Mr. Cekada. Take all the time you want.
    Mr. Frost. You have been at the ATF for a long time. You 
have done great work. I am just concerned about the fact that 
on the same day as your confirmation----
    Mr. Cekada. I understand.
    Mr. Frost [continuing]. You move forth with a package of 
over 30 changes giving the public--how many days does the 
public get?
    Mr. Cekada. Ninety.
    Mr. Frost. Ninety days for a huge package of 30 different 
things that you, I know for a fact, helped work on. Did you do 
not?
    Mr. Cekada. I read every one of them. Yes, sir.
    Mr. Frost. No, no, no. I am saying, you worked on--let me 
be clear. You worked on a lot of these proposed rules that were 
enacted by the ATF under the Biden Administration that helped 
save lives, yes?
    Mr. Cekada. So, a couple things. You are----
    Mr. Frost. No, no, no. It is just ``yes'' or ``no.''
    Mr. Cekada. No, it is not ``yes''----
    Mr. Frost. Did you work on some----
    Mr. Cekada. Sorry. It is not ``yes'' or ``no.''
    Mr. Frost. It is ``yes'' or ``no.''
    Mr. Cekada. No.
    Mr. Frost. Did you work on some of the rules----
    Mr. Cekada. No, I did not.
    Mr. Frost [continuing]. That the Biden Administration put 
forth help save lives?
    Mr. Cekada. No. No.
    Mr. Frost. You did not?
    Mr. Cekada. No.
    Mr. Frost. You are saying you did not, under oath, that you 
did not work any of them.
    Mr. Cekada. I am telling you, I did not work on any of the 
rules.
    Mr. Frost. I am sorry?
    Mr. Cekada. I did not work on any of the rules, not one.
    Mr. Frost. I do not believe that is true.
    Mr. Cekada. That is great.
    Mr. Frost. I do not believe that is true. In fact, I know 
for a fact that you worked on some of the rules under the Biden 
Administration----
    Mr. Cekada. Which one?
    Mr. Frost [continuing]. That helped save lives. So, it is 
unfortunate----
    Mr. Cekada. Which one is that?
    Mr. Frost. I ask the questions, sir. It is unfortunate that 
now you have been put in a position with an Administration that 
has done everything it can to undermine the agents and the work 
of the ATF: budget cuts, firing. The ATF has not had political 
appointees in any position except the Director in any 
Administration except this Administration. Marvin Richardson, 
Pamela Hicks, Jennifer Ambuehl forced out or fired, and now you 
are put in here to put forth regulations--I want to show this--
--
    [Poster]
    Mr. Frost [continuing]. That are going to make our 
communities less safe. The work that you were a part of doing 
and many other people in the ATF were a part of doing helped 
us, and I ask for a little more time here because we had 3 
minutes to go over the last person.
    Gun violence has been going down----
    Mr. Higgins. Pardon.
    Mr. Frost [continuing]. Because of the work that you helped 
do, Director.
    Mr. Higgins. Correct the gentleman. That was 3 minutes to 
allow the witness to answer questions.
    Mr. Frost. Well, if I can have 15 more seconds, Mr. Chair--
that you helped do to help end gun violence, and I know you are 
upset. I would be upset, too. This works. What we have been 
doing works, and the fact that you were sworn in, and the same 
day you come forth standing with industry behind you, shows us, 
I guess, where your allegiance are or where perhaps you were 
told if you want this promotion, what you need to do, which is 
undermine the Agency that you have done work in for a lot of 
your life, and I think it is disgraceful. I yield back.
    Mr. Cekada. Sir, may I respond to that?
    Mr. Frost. The gentleman yields. We are going to give you 
plenty of time to respond, but I recognize Mr. Cloud from 
Texas.
    Mr. Cloud. Thank you, Chairman, and thank you, Director, 
for being here. I am absolutely shocked that the President 
would nominate somebody to enact his agenda as the head of an 
Agency that he oversees due to the authority granted to him by 
the people under the Constitution of the United States. And so, 
congratulations on your nomination to this post. 
Congratulations on getting through the Senate confirmation 
process and your robust getting to work on day one. I think 
that is to be commended among the agencies.
    I wanted to ask you, a lot has been covered on the gag 
order that has come down and the leak that happened. I just 
wanted to ask if any discipline action has been taken for the 
person who had leaked the information.
    Mr. Cekada. You are talking about the GOA?
    Mr. Cloud. Yes.
    Mr. Cekada. No. So, again, sir, no one was disciplined. We 
looked into it, and if there was an intentional leak of any of 
that information, we would have submitted that to our Internal 
Affairs Division for review.
    Mr. Cloud. How would you determine if it was intentional?
    Mr. Cekada. It was not intentional because we actually had, 
sadly, a significant reduction in folks in the FOIA staff----
    Mr. Cloud. Okay.
    Mr. Cekada [continuing]. But also the software we used----
    Mr. Cloud. Was not much.
    Mr. Cekada [continuing]. Was a horrible, clunky software 
that, like many of our systems, was outdated.
    Mr. Cloud. Right.
    Mr. Cekada. It was not an intentional leak. I have to own 
the mistake for the Agency and for our employees----
    Mr. Cloud. Right.
    Mr. Cekada [continuing]. But we have taken steps to ensure 
that does not happen by buying a new software to improve that 
system.
    Mr. Cloud. Okay. Thank you. As you know, on November 21, 
our office led a letter to the ATF some time ago, found out 
that there was the out-of-records database, almost a billion 
gun records at the time. My guess is it is over that now. 
During the Biden Administration, we sent a follow-up letter to 
that and never got a response. In February of last year, we 
sent the letter again under the new Trump Administration. We 
still have not gotten a response to it. I realize at the time 
you were Acting Director. I do not know if, you know, awaiting 
confirmation and all that held it up, but I would like to 
remind you of that and submit it into the record as well. If we 
could get a response on that, that would help.
    There are a number of questions in there that I think would 
be helpful as we are looking in the public comment period on 
these proposed rules in regards to how effective traces are and 
the like, and to your point on enforcement, I thought that was 
a good point. One of the things I think it is important for us 
to recognize is traces do not actually stop a crime from 
happening. It is after the crime has happened. It helps us 
potentially to, you know, find the criminal or find out what 
happened, but I wanted to ask you about, does the ATF purchase 
data?
    Mr. Cekada. I am not sure what data. I mean, we have----
    Mr. Cloud. Like purchase records or credit card records or?
    Mr. Cekada. Not that I am familiar with. We have----
    Mr. Cloud. Okay. We found out recently that the FBI has 
been doing that for a few years.
    Mr. Cekada. So, I will tell you, we have recently purchased 
a program. Geez, I cannot remember. It is an ad tech type 
thing, for example, on your cellphones, my cellphone as well. 
Based on the ads that go through your phone, you can get 
geolocation data. We have purchased access to that system, but 
we have not used it for a criminal case because we have not 
established any sort of policies yet on how we would do it. 
That system is one that is available to the general public as 
well. It does not identify anyone by name, but it gives us 
either an IP address if it is connected to a Wi-Fi or the 
International Mobile Equipment Identity (IMEI) number on the 
cellphone so that we would be able to conduct an investigation. 
It is very new for us----
    Mr. Cloud. Okay.
    Mr. Cekada [continuing]. So we have not used it and want to 
make sure we establish clear guidelines before we use anything 
like that.
    Mr. Cloud. I only have about a minute left. That opens up a 
whole new can of worms that we will probably have to get into 
at another point.
    During the Biden Administration, the ATF was doing knock-
and-talk visits where, basically, they would show up on 
people's doorsteps, ask them, ``We have a record that you have 
these firearms in your house. Do you have them?'' I imagine the 
ATF has stopped that practice under the Trump Administration?
    Mr. Cekada. Yes. The only time something like that should 
happen is if we are following up on----
    Mr. Cloud. Well----
    Mr. Cekada [continuing]. A suspected firearms trafficking 
investigation.
    Mr. Cloud. Yes, but it was happening beyond that, you know, 
and it was not related to trafficking under the Biden 
Administration. You said that in the out-of-business data 
records, all that is searchable is the serial number. I am 
curious, what are the mechanics before an ATF agent is able to 
pop up on somebody's doorstep with a list of what firearms are 
allegedly in their house?
    Mr. Cekada. We will not have that.
    Mr. Higgins. The gentlemen's time has expired, but I am 
going to allow Mr. Cekada----
    Mr. Cekada. Yes.
    Mr. Higgins [continuing]. To answer that final question.
    Mr. Cloud. Because that was happening----
    Mr. Cekada. Yes. So, Representative----
    Mr. Cloud [continuing]. Under the Biden Administration. So, 
how did that happen?
    Mr. Cekada. So, I do not know what you are referring to 
specifically, but I can tell you, for example, I would get 
calls when I was an agent and my folks get calls daily, people 
either have their firearms lost or stolen and say, ``Hey, can 
you please tell me what my make, model, and serial number is.'' 
We have no way of doing it. The only thing we do is tell folks, 
``Hey, you should go back to the Federal firearms licensee that 
you purchased your firearm, and if they are still in business, 
they will be able to give you a copy of your 4473 so you could 
report your firearm stolen.'' So, I am not familiar with how 
that information----
    Mr. Higgins. We thank the gentlemen for that answer.
    Mr. Cloud. Thank you.
    Mr. Higgins. Ms. Ansari is recognized for 5 minutes for 
questioning.
    Ms. Ansari. Thank you, Mr. Chairman. The epidemic of gun 
violence in this country is a national emergency. You would 
think that recent events, like the attempted assassination at 
the White House Correspondence Dinner, would shake my 
Republican colleagues into action, but sadly it did not. In 
fact, Republicans responded with even less than their usual 
thoughts and prayers. Instead, they offered a ballroom. A $400 
million ballroom, which the Trump Administration is now 
requesting $1 billion for from the American taxpayer, a 
ballroom promoted by Donald Trump, echoed by Fox News, and 
amplified by the "Make America Great Again" (MAGA) influencer 
machine quite literally within minutes.
    It would be laughable if it were not so deeply offensive 
because if a ballroom is your solution to gun violence, then 
every student in America deserves one, or we could actually 
pass policies that save lives. If you want a ballroom that 
works, here is what it should stand for.
    Ban on assault weapons, accountability for gun 
manufacturers, licensing requirements for gun owners, limits on 
high-capacity magazines, red flag laws to stop tragedies before 
they happen, oversight of gun sales, our kids safe in schools 
and public spaces, mental health support, and community 
violence prevention. That is a ballroom worth building in this 
country because the truth is I am rarely shocked anymore, still 
outraged--outraged that instead of action, we get distractions, 
and it is not normal and we should not accept it.
    Before I came to Congress, I fought to keep confiscated and 
forfeited guns from being sold back into the streets of 
Phoenix. I did that because Phoenix families do not need more 
guns cycling from evidence rooms back into neighborhoods. Since 
then, I have seen the Federal Agency in charge of responding to 
gun crime being pulled off mission in a way that I think is 
shocking.
    Director Cekada, yes or no, ATF's core public safety 
mission is not mass deportation. It is reducing violent gun 
crimes, tracing crime guns, and dismantling illegal firearms 
and trafficking networks. Is that correct?
    Mr. Cekada. To be clear, yes, ma'am, our focus is violent 
crime.
    Ms. Ansari. And reportedly, about 80 percent of ATF's 
roughly 2,500 agents have been ordered to take on some sort of 
immigration enforcement task. Yes or no, does that number sound 
right to you, Director?
    Mr. Cekada. It is wrong.
    Ms. Ansari. It is wrong. Okay. During the failed Minnesota 
immigration blitz that resulted in the murders of Alex Pretti 
and Renee Good, new Federal gun and drug prosecution fell from 
77 cases to eight cases compared with the same months a year 
earlier, which is absolutely unacceptable. Yes or no, when ATF 
special agents are assigned to immigration enforcement, this 
replaces their otherwise full-time responsibilities to develop 
crime gun leads, work trafficking cases, or support local 
violent crime task forces.
    Mr. Cekada. No, because we have no one reassigned to Title 
8 enforcement.
    Ms. Ansari. Not one person is reassigned.
    Mr. Cekada. Not one person has been reassigned.
    Ms. Ansari. So, the report of 80 percent is absolutely 
false.
    Mr. Cekada. That report is the Cato Institute, and not only 
is it completely wrong, it has given multiple numbers--I do not 
even have 2,500 agents, first of all, and that is number one, 
including me. I am still an ATF agent. I know how many agents 
are assigned to immigration enforcement. At max, we were asked 
to have 300 people available per day from the inception of 
Title 8 enforcement, and at max, when I testified at my 
confirmation hearing, we were at approximately 75 people a day. 
We are currently at 42 people a day. I keep track of that 
through our field operations, and it is reported up to me 
daily, so I know exactly how many people. Cato Institute does 
not know anything about what ATF is doing.
    Ms. Ansari. So, is this information that you can present to 
us in writing or in some sort of formal documentation?
    Mr. Cekada. I have done that, and I will do it again.
    Ms. Ansari. Okay. I want to focus more on Arizona. This is 
especially important. In a state like Arizona that is a border 
state, how many ATF agents in the Phoenix Field Division have 
been assigned to immigration enforcement in 2025 and 2026, and 
how many total agent hours has that consumed?
    Mr. Cekada. I do not have that number, but I could get back 
to you on that.
    Ms. Ansari. Okay, and I want for you to commit to providing 
us the number of agents assigned to immigration enforcement, 
the number of agent hours spent in any gun crime work delayed 
or reduced. So, it sounds like you are willing to put that in 
writing to us.
    Mr. Cekada. Yes, ma'am.
    Ms. Ansari. Okay. Thank you. The record, I believe, is 
absolutely clear that the Trump Administration has made 
horrific choices. So, I look forward to seeing that in writing 
because if any, even one agent, is misassigned or reassigned, I 
think that is a massive problem given that this is a national 
crisis in this country. Thank you.
    Mr. Higgins. The gentlelady yields. Mr. Burlison is 
recognized for questioning for 5 minutes.
    Mr. Burlison. Thank you, Mr. Chairman. In Missouri's 7th 
Congressional District, we are deeply appreciative of the 
Second Amendment. It is widely exercised. Southwest Missouri is 
home to what is estimated to be approximately 300,000 law-
abiding gun owners, and their families also cherish the rights, 
that they know that they can rest safely in their home. I 
assure you Southwest Missouri is one of the safest places you 
could possibly visit, and I am honored that they elected me to 
be the trustee, the custodian of these cherished rights, and as 
their elected official, that is my responsibility.
    I want to kind of stress to you that you have a new 
responsibility. I know that you have worked your way through 
the ATF. The role that you have today is a different role, and 
I want to stress that to you. Your role is now to be the 
watchdog over this Agency. It is not to be the cheerleader. It 
is not to make apologies for any mistakes. It is to be that go-
between that I cannot be and my constituents cannot be, to be 
the watchdog in the safeguard of those rights. And I wanted to 
stress that to you because we have a lot of problems that I 
have seen in this town since I have been up here. Most of the 
problems are created by unelected people, people that have no 
accountability to the taxpayers or the voters, and they simply 
make rules that have significant impact on the lives of our 
citizens. We face the heat, we get the emails, but sadly, the 
unelecteds do not.
    And in your Agency, we have had a lot of changes that have 
impacted people's lives, all made by unelecteds, whether it was 
the pistol brace rule, the frame and receiver rule, the 
``engaged in business rule,'' the bump stock rule, the 
gunsmithing changes, all made by unelected people that we then 
have to respond to our constituents and try to address. And 
some of the events that have happened that I think deserve 
scrutiny and deserve oversight on your part, whether it was 
Ruby Ridge, what happened at Waco, Fast and Furious, and the 
recent sad event in Arkansas with Bryan Malinowski. And so, 
Director, I want to give you an opportunity to address how you 
will address this kind of protecting citizens' rights while 
also making sure that we do not make the mistakes that we have 
made in the past.
    Mr. Cekada. Good morning, sir. Thank you again for this 
opportunity. So, you are absolutely correct. It is hard for me 
to not want to come here and tell you about the great things 
that my folks do every day because I am proud of what they do, 
and, you know, if I may for a few seconds tell you that, you 
know, yesterday during a memorial at our building, I read 191 
names of ATF agents who have had different titles over the 
years who were killed in the line of duty. And I cannot forget 
the three agents, two of them that are sitting paralyzed now 
from the neck down from their injuries sustained during their 
on-duty operations, and a third that has significant 
debilitating injuries for the rest of his life from being shot 
in the head from a 5.56 rifle.
    So, I know about violent crime. I have seen many of my 
partners shot and killed in New York City. I talked to a mother 
this morning who lost her son who was a task force officer in 
Newark, New Jersey last year. So, I stayed on with ATF when I 
could have retired in November, as I started to say, not 
because I was going to be the Director. I had no clue if that 
was going to come together or not. I stayed on because I 
believe in what we do as an Agency and the effort to combat 
violent crime, and I have seen our Agency, in the last 18 
months, turn it back around to where it should be, where we 
keep that balance focused on protecting the public and also 
protecting the rights of our citizens in this country.
    Mr. Burlison. Thank you.
    Mr. Cekada. I am sick and tired of seeing people who did 
not commit the crimes being held accountable for violent crime 
that we did not commit. That board that was just posted, the 
one thing it did not mention on there is holding the criminals 
accountable. Not once. I get it, right? We all want to see 
violent crime reduced, but we cannot reduce violent crime 
without holding the people who commit violent crime 
accountable.
    Mr. Burlison. Thank you.
    Mr. Cekada. And sir, I want to guarantee you that it is my 
job that I want to keep this Agency around to hold them 
accountable, and when we do something wrong, I want to make 
sure we never do it wrong again and hold people accountable.
    Mr. Burlison. With the limited seconds I have----
    Mr. Cekada. Yes, sir.
    Mr. Burlison [continuing]. I sent a letter on January 15 
trying to get to the bottom of and address the problem that we 
have had after we passed, and Representative Clyde and myself 
worked very hard to eliminate the tax and the process of the 
registration of the tax stamps on suppressors and short 
barrels, and we had a disaster happen on January where we were 
not prepared. There was a flood of registrations. I sent a 
letter. I have still not received a response. How long will it 
take to receive a response?
    And I would like to submit this to the record, Mr. 
Chairman.
    Mr. Higgins. Without objection.
    Mr. Cekada. Mr. Burlison, if I may. So, it was not a 
disaster, but, again, I want to be clear that, A, we were given 
this mandate in July 2025 with zero funding, made significant 
changes. We then went into a government shutdown where we were 
not able to test any of the changes that we made and wanted to 
stay on task to flip the switch, as we would call it, on 
January 1. We did so, and I will tell you, since January 1, if 
I may review my notes, as of yesterday, we received 1,258,539 
forms, and we have successfully processed 1,149,192 forms. So, 
there is a backlog but not a significant backlog----
    Mr. Burlison. Okay.
    Mr. Cekada [continuing]. And we are trying our best to 
knock that down.
    Mr. Burlison. It is our intention that the process should 
just go away altogether, but I yield back. Thank you.
    Mr. Cekada. I understand.
    Mr. Higgins. The gentlemen yields. You are going to get him 
an answer to his letter----
    Mr. Cekada. Yes, sir.
    Mr. Higgins [continuing]. Correct?
    Mr. Cekada. Yes, sir. I guarantee you.
    Mr. Higgins. Thank you.
    Ms. Ansari. Mr. Chair?
    Mr. Higgins. Representative Crane from Arizona. The 
gentleman is recognized.
    Ms. Ansari. I would just like to enter an article for the 
record if that is possible.
    Mr. Higgins. Yes, ma'am.
    Ms. Ansari. The article is entitled, ``Gun Crime Cases Fall 
as Agents Shift to Immigration Crackdown.'' It is very 
comprehensive, and I am very deeply concerned that our witness 
is not being honest with his answers today.
    Mr. Higgins. Without objection, it is entered into the 
record.
    Mr. Crane is recognized for 5 minutes for questioning.
    Mr. Crane. Thank you, Mr. Chairman. I want to say thank 
you, Director Cekada, for coming to testify before the 
Oversight Committee. You are the new Director of the ATF, is 
that correct?
    Mr. Cekada. Yes, sir.
    Mr. Crane. Not to put you on the spot, but this is 
obviously important, Director. What does the Second Amendment 
say?
    Mr. Cekada. Sir, I would not be able to----
    Mr. Crane. Okay.
    Mr. Cekada [continuing]. I would not be able to recite.
    Mr. Crane. I will read it----
    Mr. Cekada. Please.
    Mr. Crane [continuing]. Because I feel like it is lacking 
in this Committee room right now: ``A well-regulated militia 
being necessary to the security of a free state, the right of 
the people to keep and bear arms shall not be infringed.'' What 
does that mean to you, Director?
    Mr. Cekada. Well, sir, I think I am going to be careful 
with this one because I tried during my hearing to tell you 
that I--not you, but the Members of the Senate--to tell you how 
much ATF and myself respect the Second Amendment, the 
Constitution, and doing so, making sure we maintain that 
balance. There are portions of the Gun Control Act that 
obviously prohibit certain individuals who have been convicted 
of certain crimes from possessing firearms, and I think ATF 
makes sure that we keep our focus on any infringements that 
would come out of the Gun Control Act, that it stays focused on 
those persons, the law, things should be prohibited.
    Mr. Crane. Thank you. Do you find it notable that our 
Founders put that right after the First Amendment?
    Mr. Cekada. Sir, I apologize. My hearing is bad.
    Mr. Crane. It is okay. Do you find it notable that our 
Founding Fathers put the Second Amendment right after the First 
Amendment?
    Mr. Cekada. Yes, sir.
    Mr. Crane. Why do you believe that our Founders wanted to 
give the citizens the right to defend themselves?
    Mr. Cekada. I think at the time, in particular, the 
citizenry did not have a guarantee that the government would 
protect them, and they wanted to have the opportunity to 
protect themselves against a tyrannical government.
    Mr. Crane. Bingo. I am glad you said that because a lot of 
people, when they think about the Second Amendment, they really 
do not look at the context of when it was written and the fact 
that our Founders had just fought against a government. Is that 
correct?
    Mr. Cekada. Yes, sir.
    Mr. Crane. Thank you. I just want to make sure that, you 
know, we are on the same page on that. Have you noticed that my 
Democrat colleagues today have focused on the influence and 
allegiances of yourself and the ATF to the NRA, Gun Owners of 
America, and firearms manufacturers have on you guys? Have you 
noticed that?
    Mr. Cekada. Yes, sir.
    Mr. Crane. Did you notice, though, that none of them asked 
you about your allegiance and the influence that the 
Constitution has on you and other members of the ATF?
    Mr. Cekada. Yes, sir.
    Mr. Crane. Why do you think that is, Director?
    Mr. Cekada. Well, sir, I will give you my opinion. Well, 
sir, I think that the folks that--well, the one gentleman that 
had the discussion with me, in particular, did not want to look 
back at the last Administration when that Administration 
carried out verbatim exactly what the President asked of them. 
And I worked with both some of the members that are sitting 
here behind me and the members from the NRA, NSSF, GOA, whoever 
would talk to me in the last Administration as well. And I was 
not demonized then, but I am being demonized now because I am 
not falling in line with what was perceived to be good today.
    I think that is part of the problem that we have here. We 
should be focusing on the criminals, not each other. We are not 
the people that are killing folks in our streets, and we are 
very close to solving that problem when we want to. I see it 
being done over and over, and I have seen it for the last 30 
years. When we hold the criminals accountable, crime goes down, 
and I will tell you the last Administration, one of the first 
steps that I saw come out of DOJ was a letter that went out to 
all law enforcement personnel telling us to not charge anyone 
with any statute that carries a minimum mandatory sentence 
because they did not want to see anyone put in prison for a 
long time. That is not the way to solve violent crime. I am 
sorry.
    Mr. Crane. I want to bring up a specific case to you. This 
one involved a gentleman named Patrick Tate Adamiak. He was a 
Navy vet. He was honorably discharged. Mr. Tate is a nonviolent 
offender, and the items involved in his case were incapable of 
firing and historically treated as exempt from the Federal 
firearm regulation under 27 C.F.R. and 478.11. He has been 
incarcerated since October 21, 2022, serving a 20-year Federal 
sentence, and I and many of my colleagues believe are 
disproportionately severe for a case centered on regulatory 
interpretation rather than harmful conduct. Will you commit to 
having your Agency look into this case and see if anything can 
be done to address this miscarriage of justice?
    Mr. Cekada. Sir, I just would like to let you know we have 
been in contact with Mr. Adamiak's attorney, we have looked at 
some of the evidence, and we are working with DOJ. I will tell 
you, I understand DOJ is looking at the case as well for re-
sentencing scheduled in June. I do not know the specific facts 
on the DOJ side, but we are working on that as well.
    Mr. Crane. Thank you, sir. I yield back.
    Mr. Higgins. The gentlemen yields. Mr. Clyde from Georgia 
is recognized for 5 minutes for questioning.
    Mr. Clyde. Thank you, Mr. Chairman, and thank you, Director 
Cekada, for appearing before us today. First, congratulations 
on your Senate confirmation. I consider your leadership to be a 
new era of respect for the Second Amendment, and I have greatly 
appreciated our interactions to date, and I look forward to a 
continuing relationship with the Bureau of Alcohol, Tobacco, 
and Firearms and the Department of Justice as well.
    I will try and keep my comments pretty tailored to the 
Tiahrt Amendments because that is what this hearing is about. 
The Tiahrt Amendments are a series of appropriation riders, and 
I am on the Appropriations Committee, to the annual ATF and FBI 
budgets, included in some form since 2003, that prohibit the 
ATF from disclosing the contents of the National Trace Center 
or records collected from Federal firearms licensees, except 
for legitimate law enforcement purposes. This trace data 
includes the chain of ownership and the sale from point of 
manufacture. Public release of such data risks exposing 
undercover officers or other law enforcement personnel to 
criminal reprisal. One reason the Tiahrt Amendment has long 
been supported by the Fraternal Order of Police is that exact 
reason. Its release can also expose the identities and 
locations of law-abiding firearms retailers, subjecting small 
businesses to name-and-shame campaigns by anti-Second Amendment 
advocacy groups.
    Unfortunately, in the past, ATF has violated this important 
protection on numerous occasions. Most recently in 2024, the 
Biden Administration's release--or excuse me, ATF released 
sensitive trace data in response to a FOIA request by gun 
control organizations despite the Tiahrt Amendment's 
superseding FOIA having been enacted after it. For the first 
time ever, this release included the names of Federal firearms 
licensees, including my own business, making me, my business, 
its employees, a victim of this illegal activity. So, 
thankfully under your leadership, Director, the Trump 
Administration has ended its unjust war on unlawful gun owners 
and firearms businesses, but now it is the time for 
accountability, sir.
    Director Cekada, does ATF believe that the Tiahrt protects 
firearm trace information from disclosure under FOIA?
    Mr. Cekada. I think that is what the intention is. Yes, 
sir.
    Mr. Clyde. Okay. Does the unlawful disclosure of sensitive 
trace data in violation of the Tiahrt Amendment pose a risk to 
legitimate law enforcement investigations?
    Mr. Cekada. It can. Yes, sir.
    Mr. Clyde. All right. What policies or guidance, if any, 
does ATF have now in place to ensure that Tiahrt material is 
not disclosed to the public?
    Mr. Cekada. The current policy would ensure that any 
material protected by Tiahrt to include that request that would 
come under FOIA is not released and protected. Again, sir, as I 
mentioned earlier, my apologies on behalf of ATF for the 
inadvertent mistakes we made, but moving forward, you know, 
barring a mistake that truly is a mistake, people would be held 
accountable. There is obviously a process that we undergo 
conducting an investigation, but I will give you an example. I 
have had a leak from an agent that came out during the Charlie 
Kirk case. That person is being recommended for termination. We 
are not playing around with anyone that would follow a path on 
their own versus one that is the legal path that ATF follows 
every day. So, if anyone is proven to actually intentionally 
and willfully leaked anything that they should not have given 
to someone under Tiahrt, they will be held accountable.
    Mr. Clyde. Well, thank you. Now, we have already talked 
about the GOA FOIA release being accidental, but this other 
release back in 2023 that talked about Federal firearms 
licensees, has anyone been held accountable for that?
    Mr. Cekada. So, that one, sir, I think that is the one that 
your business was under as well.
    Mr. Clyde. It is.
    Mr. Cekada. That one was done under Director Dettelbach, 
under his leadership and time, so none of his team is here. His 
team either left with him or some were terminated by this 
Administration. Everyone else here at ATF was not part of those 
decisions, and in, I believe it was August 2025, we paused the 
DL2 program, which, frankly, the intention of the DL2 program 
was not to put out those names publicly. What that was supposed 
to be was letters to a Federal firearms licensee that were 
supposed to be kept private to let the Federal firearms 
licensee know that, hey, your business resulted in X number of 
transactions, and some of those transactions had a very short 
time to crime.
    None of that means that the Federal firearms licensee or 
their business were in some part of a conspiracy with a straw 
purchaser or a trafficker. It means that, hey, you may have 
been targeted by someone who could be a straw purchaser and 
they purchased a firearm. It was meant to engage interaction 
between ATF and the Federal firearms licensee to prevent them 
from being victimized by traffickers.
    Mr. Clyde. Thank you. I have one more quick question for 
you, and this has to do with the out-of-business records. In 
the Firearm Owners Protection Act, under amendments to Section 
926, help me understand. I understand that the OBR right now is 
recording transactions, 4473s, through optical scanning, about 
four per second, et cetera, when I went to visit ATF. But yet 
in the Firearm Owners Protection Act, it says, ``No such rule 
or regulation prescribed after the date of the enactment of the 
Firearm Owners Protection Act may require that records required 
to be maintained under this chapter or any portion of the 
contents of such records be recorded or transferred to a 
facility owned, managed, or controlled by the United States or 
any state or political subdivision thereof.''
    Help me understand the optical recording of these 4473s. 
Now, you can have the 4473s. You can search them. All right. 
Help me understand how that is not violating this section right 
here.
    Mr. Cekada. Yes. Again, sir, from our perspective, and it 
is something that I have been dealing with for years, and if, 
you know, Congress, the House and the Senate, decide that this 
is something that cannot be done, then we would have to change, 
but the bottom line is we do not have the space for it. I think 
we are receiving somewhere in the area of a million records.
    Mr. Clyde. You do receive a lot.
    Mr. Cekada. Yes. So, this program was initiated before Rob 
Cekada was any sort of supervisor at ATF, and this is the way 
we have dealt with it. Even with the optical scanning, again, 
which only gives us very limited access to the serial number, 
that still leaves us with massive amounts of paper records that 
we have to sort through and try to find a way to be able to 
search through in a rapid manner when we do get those trace 
requests from our state and local law enforcement partners in 
connection with the violent crime they are investigating.
    Mr. Clyde. Well, thank you, Director. I appreciate you 
being here. I look forward to your leadership in ATF and your 
team as well, and with that, I yield back, Mr. Chair.
    Mr. Higgins. The gentlemen yields. Ms. Boebert is 
recognized for 5 minutes for questioning.
    Ms. Boebert. Thank you, Mr. Chairman, and thank you, Mr. 
Cekada, for being here.
    Mr. Director, the DOJ and ATF announced sweeping proposed 
rulemakings immediately following your confirmation--
congratulations, by the way--and if finalized, how do you 
expect these new rules to improve the landscape for lawful gun 
owners?
    Mr. Cekada. Good morning, ma'am. Thank you for your 
question. I think in a nutshell, the goal was to modernize the 
rules to provide for clarity, to remove ambiguity, and also to 
be in line with the law. The stabilizing brace rule, in 
particular, through litigation in numerous courts, basically 
was vacated in numerous areas, and ultimately our rule was not 
in line with the law. So, some of the rules that we pushed 
forward were to get in line with the law because, again, ATF 
regulations should not say one thing and the law or the courts 
say another, so that was some of our intention.
    For example, one of the regulations mentioned, I believe, 
by Representative Clyde, was the dual-use barrels. So, for many 
years, that was an unwritten rule that ATF allowed for the 
industry to utilize or repurpose barrels from firearms that 
were demilitarized and may have been marked as full auto or 
rated for full auto. Because a barrel is made of a heavier 
gauge metal does not make that barrel a full auto firearm----
    Ms. Boebert. Mm-hmm.
    Mr. Cekada [continuing]. Just because you put a heavier 
gauge barrel on a semiautomatic firearm. So, there were things 
like that that were inconsistent for America's gun owners and 
the industry, and ATF, again, should not be taking sides in 
this. We should just provide that clarity on the regulatory 
side so that everybody understands what the law states.
    Ms. Boebert. Thank you, Director, and you answered some of 
my other questions in there. So, moving on, can you explain why 
the ATF has in the past repeatedly violated the Tiahrt 
Amendment, including instances of improper disclosure of trace 
data through FOIA responses and other means?
    Mr. Cekada. Yes, ma'am. So, I will speak to the instances 
that I have been discussing this morning. Most specifically, in 
2024 under the last Administration, there was an inadvertent 
release, and we determined it was inadvertent through our own 
investigation and determined we had, frankly, an inadequate 
program that was used to redact information when we were 
responding to FOIA. Our FOIA staff was understaffed, and that 
release was completely marked for redaction and required a 
person to hit that last command to fully redact. They never did 
it.
    Ms. Boebert. And what disciplinary actions were taken 
against the employees that were responsible----
    Mr. Cekada. There----
    Ms. Boebert [continuing]. For these breaches?
    Mr. Cekada. I am sorry, ma'am. For those specific employees 
as to the incident I just referred to, it was determined that 
there was no malicious intent or intention to do that, so there 
was no disciplinary action. It was actually action against the 
Agency to go out and buy a better program that would prevent 
any of our employees from inadvertently not completing that 
redaction attempt.
    Ms. Boebert. Yes. So, Director, the Tiahrt Amendment, as 
you know, was enacted to protect the privacy of law-abiding gun 
owners and Federal firearms licenses from harassment, name-and-
shame campaigns, and frivolous lawsuits. How does the ATF 
justify actions that appear to circumvent this congressional 
protection?
    Mr. Cekada. So, ma'am, we have discussed some of these, and 
some of these were conducted under the last Administration----
    Ms. Boebert. Correct.
    Mr. Cekada [continuing]. Specifically under Director 
Dettelbach and his team. Those folks are no longer here, 
neither is the Director, and obviously, we have taken steps to 
make sure that we keep our folks in compliance. I have been in 
full command of ATF basically since April of last year, so 
since that timeline and under the President Trump's Second 
Amendment Executive Order, we have done everything in our power 
to look at every internal policy, every regulation, any 
proposed rule, current or in the past, to ensure that we keep 
public safety paramount, but we maintain that balance of 
protecting and upholding the Second Amendment as well.
    Ms. Boebert. And do you see the Tiahrt Amendment as an 
inconvenient restriction or a vital congressional legislation 
that protects both privacy and public safety?
    Mr. Cekada. No, I see Tiahrt as a critical amendment that 
protects public safety and law enforcement, and for ATF, Tiahrt 
protects one of our most vital tools in our Agency to be able 
to focus our efforts on violent crime and firearms trafficking.
    Ms. Boebert. Director, again, thank you, and 
congratulations on your confirmation. I look forward to talking 
to you in the future. I yield.
    Mr. Cekada. Thank you, ma'am.
    Mr. Higgins. The gentlelady yields. Mr. Jack is recognized 
for 5 minutes for questioning.
    Mr. Jack. Well, thank you very much, Mr. Chairman. I deeply 
appreciate you convening this hearing. I think it is an 
important subject, and I appreciate your testimony, Director.
    Just for the record, in 2022, the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, ATF, inadvertently sent Gun 
Owners of America a Freedom of Information Act production 
containing the unredacted personal information of gun owners. 
As we know, we have discussed this today, the subject matter of 
the FOIA request, scandalous enough, ATF's use of FBI's 
warrantless and unaccountable gun purchaser surveillance scheme 
known as NICS monitoring system, but ATF's conduct following 
its inadvertent disclosures is just as alarming. We have 
discussed that at length today. So, one of the first questions 
I have for you, Director, is under your leadership, you are 
turning a new page at ATF. Does ATF believe that Tiahrt 
protects firearm trace information from disclosure under FOIA?
    Mr. Cekada. I believe it does protect that under FOIA as 
well.
    Mr. Jack. And what do you believe Congress' purpose was in 
enacting that provision?
    Mr. Cekada. I think the intent was to protect the American 
citizenry, but also to protect law enforcement, confidential 
informants that we would be using in our investigations. And 
again, for someone that has been doing law enforcement criminal 
investigative work for 34 years, I understand how critical the 
witness is, whether they are confidential informants, law 
enforcement, or the public, are. And if they are exposed 
inadvertently in any one of these cases, especially in a 
violent crime case, they are likely to be killed in those 
matters, so we want to protect everyone in these cases.
    Mr. Jack. Has your Agency done any investigation into other 
prior releases of Tiahrt information in addition to the GOA 
matter?
    Mr. Cekada. Sir, I have not gone back any further. The only 
thing I have been able to do in my time is, frankly, work on 
putting our Agency in the right direction. We have put in 
further restrictions as to how we handle ourselves as it 
relates to not only trace data, but also, the NICS system that 
you mentioned, the NICS alert system. I put out a memorandum in 
April 2025 where we completely revamped how we work that 
process. That is another critical tool that we use for violent 
crime and firearms trafficking investigation. That is an FBI 
tool, and that is one that is protected by law. And just as 
important to us as Tiahrt, we do not want any of that 
information released either because it contains a lot of the 
similar information, and we want to make sure that a critical 
tool like that remains in the hands of ATF agents for the 
purposes that we were given that access in the first place.
    Mr. Jack. With respect to potential other releases of that 
information, do you mind providing follow-up to Congress--I 
know you said you would look back--to this Committee 
specifically?
    Mr. Cekada. Yes, sir.
    Mr. Jack. Thank you. And just so I understand, has ATF 
produced Tiahrt-protected trace information to any Agency or 
entity other than GOA, and if so, what and to whom?
    Mr. Cekada. We have not that I am aware of, but if there is 
any instance, I will get back to you in writing. There have 
been releases. Mr. Biggs is not here anymore, but there was a 
release that Mr. Biggs and I spoke about, not by ATF, but one 
of the law enforcement account holders from an international 
account in Colombia, and Mr. Biggs was very upset as was his 
constituent, and we spoke in depth about that and some of the 
challenges we have in holding folks accountable. That was a law 
enforcement agency that received the information but 
transferred it to a political entity within their country, who 
then put it right out in the news. In both ATF and the State 
Department, we are in a bit of a conundrum as to what we can do 
based on the limitations of holding them accountable through 
Tiahrt.
    Mr. Jack. I just want to note for the record, too, to your 
point, the Biden administration of ATF, the Biden ATF released 
firearm trace data naming over 1,300 firearm businesses across 
the country in response to a FOIA request, something that 
Chairman Higgins' bill, which I am proud to support, would 
address. As the regulator of the firearm industry, can you 
please speak to the impact that publicly releasing firearm 
trace data has on law-abiding members of the firearm and Second 
Amendment community?
    Mr. Cekada. Yes. I think trace data is critical to law 
enforcement operations, state and local and Federal law 
enforcement every day, but at the same note, I think it is 
equally critical that we maintain the integrity of that 
information and keep it for law enforcement purposes. I think 
there are numerous folks that want to assemble data from those 
reports, and, frankly, data is great, right? The only problem 
with data that I have seen over 30 years, data can be 
manipulated to tell different stories with the same data. And I 
do not think it is fair to the public who have been victims of 
crimes or those members of the public who are not criminals to 
manipulate our minds with what something is saying when it is 
not actually saying that.
    I think that there are a lot of good people that have 
suffered as a result of violent crimes, and there are a lot of 
great people that put their life at risk every day trying to 
prevent further crimes, and it is wrong of data to be used in 
that manner by either side, to be frank. We should be holding 
people accountable, and we should be truthful with what that 
data says. Those DL2 lists were not designed by me or anyone 
else to use as a name-and-shame campaign, but that is exactly 
what they were used as, and that is not what the intention was.
    It is very easy to identify an FFL that has a very large 
business and say, well, you are responsible for violent crime 
in a community. That is just not the case. When we go into 
these FFLs, their inventories are in order. Their books are in 
order. They are always cooperative with us. As a matter of 
fact, without naming any of them, more often than not, if there 
is anything suspicious that comes to their attention, they are 
calling one of our local agents because of the relationship 
that they have developed over the years.
    Mr. Jack. Well, I appreciate your testimony. I appreciate 
you working with GOA to resolve that matter. Aiden and JP are 
great guys.
    I also, Mr. Chairman, want to close by applauding my 
colleague in the front dais, Mr. Clyde. I do not think there is 
a greater, and I want everyone from Georgia watching to know, a 
greater advocate for the Second Amendment than Mr. Clyde. I 
have learned a lot from him in my first term, so I am proud to 
serve alongside you, my friend, and, Mr. Chairman, I am deeply 
appreciative of you convening this hearing. Thank you. I yield 
back.
    Mr. Higgins. The gentlemen, yields.
    In closing, I want to thank our witness for your testimony 
today. And does the Ranking Member have closing comments or 
statements?
    Ms. Lee. No, sir.
    Mr. Higgins. The Ranking Member declines. I recognize 
myself for a couple of closing remarks.
    I thank Director Cekada very much, sincerely, for appearing 
before us today. You had an incredibly busy schedule running 
the Agency for nine or ten months, and then being nominated as 
Director and going through a prolonged confirmation process 
that we anticipated would be a month or so. It turned into 
three or four months, and you were a gentleman throughout, and 
appearing before this Committee today, honored your promise to 
do so. And let me close by saying that the task that you are 
set to perform is crucial for our country, for the maintenance 
of our protected Second Amendment rights, and for the 
protection of the citizenry that we are sworn to serve.
    Firearms in America are arguably the most heavily regulated 
item in the country, and the laws are incredibly complex, and I 
feel confident that you and your team are up to the task. I do 
look forward to working with your office, sir, on H.R. 1698, 
the Law Enforcement Protection and Privacy Act, which we have 
discussed. I look forward to adding any sections that can 
enhance the effectiveness of that legislation as we attempt to 
move it through Congress.
    With that, and without objection, all Members are reminded 
they have five legislative days within which to submit 
materials and additional written questions for the witness, 
which will be forwarded to the witness.
    If there is no further business, and without objection, the 
Subcommittee stands adjourned.
    [Whereupon, at 11:58 a.m., the Subcommittee was adjourned.]

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