[House Report 118-57]
[From the U.S. Government Publishing Office]


118th Congress }                                               { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                               {  118-57

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



 
 EXPRESSING SUPPORT FOR LOCAL LAW ENFORCEMENT OFFICERS AND CONDEMNING 
     EFFORTS TO DEFUND OR DISMANTLE LOCAL LAW ENFORCEMENT AGENCIES

                                _______
                                

May 15, 2023.--Referred to the House Calendar and ordered to be printed

                                _______
                                

    Mr. Jordan, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                     [To accompany H. Con. Res. 40]

    The Committee on the Judiciary, to whom was referred the 
concurrent resolution (H. Con. Res. 40) expressing support for 
local law enforcement officers and condemning efforts to defund 
or dismantle local law enforcement agencies, having considered 
the same, reports favorably thereon without amendment and 
recommends that the concurrent resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................    19
New Budget Authority and Tax Expenditures........................    19
Congressional Budget Office Cost Estimate........................    19
Committee Estimate of Budgetary Effects..........................    19
Duplication of Federal Programs..................................    19
Performance Goals and Objectives.................................    19
Advisory on Earmarks.............................................    20
Federal Mandates Statement.......................................    20
Advisory Committee Statement.....................................    20
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis......................................    20
Dissenting Views.................................................    20

                          Purpose and Summary

    H. Con. Res. 40, introduced by Rep. Ken Buck (R-CO), 
expresses support for local law enforcement officers and 
condemns efforts to defund or dismantle local law enforcement 
agencies.

                Background and Need for the Legislation

    Evidence strongly suggests that the June 2020 spike in 
homicides, violence, and other gun-related crimes was related 
to the reduction of policing efforts, or de-policing, in the 
immediate wake of the George Floyd protests.\1\ At the same 
time, law enforcement capabilities were diminished by reduced 
funding, increased retirements, and, given the anti-police 
vitriol from politicians and activists, an unsurprising 
recruitment issue.\2\ Peer-reviewed research indicates that 
``voluntary resignations'' by police officers following the 
George Floyd riots increased by 279 percent relative to the 
expected number of resignations had those riots and the 
corresponding chorus of anti-police rhetoric never occurred.\3\
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    \1\See, Charles Fain Lehman, The Minneapolis Effect Wash. Examiner 
(June 24, 2021), https://www.washingtonexaminer.com/politics/the-
minneapolis-effect.
    \2\See, e.g. Neil MacFarquhar, Departures of Police Officers 
Accelerated During a Year of Protests, NY Times, (Jun. 11, 2021), 
https://www.nytimes.com/2021/06/11/us/police-retirements-
resignations-recruits.html
    \3\Scott Mourtgos, Ian Adams, and Justin Nix, Elevated police 
turnover following the summer of George Floyd protests: A synthetic 
control study, Criminology & Public Policy Vol. 21 Iss. 1 (August 26, 
2021), https://www.hoplofobia.info/wp-content/uploads/2020/12/2021-
Elevated-
police-turnover-following-the-summer-of-George-Floyd-protests.pdf.
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    Many states and cities acted upon the dangerous ``defund 
the police'' rhetoric with predictable results. For example, 
Colorado created a state cause of action allowing lawsuits 
against law enforcement officers, which disallowed qualified 
immunity defenses.\4\ Less than two months later, more than 200 
law enforcement officers across the state resigned or 
retired.\5\ The Fraternal Order of Police reported that the new 
legislation was the primary reason for these losses.\6\ New 
York City, in another example, slashed its police budget by $1 
billion.\7\ The city is still feeling the effects of this poor 
decision-making. In 2022, crime in New York City rose 
significantly when compared to the previous year. According to 
data from the New York Police Department (NYPD), New York City 
saw a 23 percent surge in major crimes.\8\
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    \4\Nick Sibilla, Colorado Passes Landmark Law Against Qualified 
Immunity, Creates New Way To Protect Civil Rights (June 21, 2020), 
https://www.forbes.com/sites/nicksibilla/2020/06/21/colorado-passes-
landmark-law-against-qualified-immunity-creates-new-way-to-protect-
civil-rights/?sh=1c3e285d378a.
    \5\David Migoya, More than 200 police officers have resigned or 
retired since Colorado's police reform bill became law (August 18, 
2020), https://www.denverpost.com/2020/08/18/colorado-
police-resign-retire-reform-law/.
    \6\Mark McDonald, Police recruitment was already tough. Attacks on 
qualified immunity make matters worse. (November 26, 2021), https://
fop.net/2021/11/police-recruitment-was-already-tough-attacks-on-
qualified-immunity-make-matters-worse/.
    \7\Scottie Andrew and Kristina Sgueglia, New York Police 
Department's budget has been slashed by $1 billion, Cnn (July 1, 2020), 
https://www.cnn.com/2020/07/01/us/new-york-budget-nypd-1-billion-cut-
trnd/index.html.
    \8\Dean Balsamini, NYC murders down but major crimes surge as 2022 
draws to a close, N.Y. Post (Dec. 31, 2022), https://nypost.com/2022/
12/31/nyc-murders-down-but-major-crimes-surge-as-2022-ends/.
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    The anti-police rhetoric and corresponding policy shifts 
against law enforcement has resulted in fewer people willing to 
become or remain police officers. According to a study on 
police turnover after the George Floyd protests conducted by 
the Criminology & Public Policy Journal, ``voluntary 
resignations in some larger police departments in the nation 
may have increased by nearly 280 percent.''\9\ Smaller 
departments face similar challenges. In July 2022, the town of 
Springfield, Colorado saw its entire police force resign within 
a week.\10\ Moreover, recruiting qualified people to be police 
officers has proven so difficult that many cities have had to 
resort to significantly lowering, or eliminating, important 
pre-employment personal and professional standards.\11\
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    \9\Scott Mourtgos, Ian Adams, and Justin Nix, Elevated police 
turnover following the summer of George Floyd protests: A synthetic 
control study, Criminology & Public Policy Vol. 21 Iss. 1 (August 26, 
2021), https://www.hoplofobia.info/wp-content/uploads/2020/12/2021-
Elevated-police-turnover-following-the-summer-of-George-Floyd-
protests.pdf.
    \10\Tony Keith, Entire police force resigns in a small Colorado 
town, KKTV (July 15, 2022 [updated July 19, 2022]), https://
www.kktv.com/2022/07/15/entire-police-force-resigns-small-colorado-
town/.
    \11\See, e.g., Heather MacDonald, What Killed Tyre Nichols, City 
Journal (Feb. 19, 2023), https://www.city-journal.org/what-killed-tyre-
nichols (``The idea that policing is racist, both in its treatment of 
black suspects and in its hiring of black officers, has led to manpower 
loss, a lowering of standards, and a drop in proactive enforcement. The 
resulting increase in crime then puts more downward pressure on hiring 
standards in order to try to replenish the depleted ranks. Unable to 
compensate for officer attrition, police departments are left without 
enough well-trained sergeants and lieutenants to supervise officers who 
maybe should never have been hired in the first place.'').
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    Law enforcement officers place their lives in danger every 
day to serve our communities. Despite this selfless sacrifice 
by law enforcement officers, Democrats have promoted and 
advocated for defunding the police--which would make the jobs 
of law enforcement officers even more dangerous. Some of the 
jurisdictions that have defunded their police departments are 
represented by Democrat Members of the Committee on the 
Judiciary, while other Democrats in Congress have voiced 
support for defunding the police in general.\12\
---------------------------------------------------------------------------
    \12\See, e.g., Michael McDowell, Jerry Nadler Thinks the NYPD 
Budget Should be Cut and He's Getting Ready if Trump Disputes the 
Election, WEST SIDE RAG (June 7, 2020), https://www.westsiderag.com/
2020/06/07/jerry-nadler-thinks-the-nypd-budget-should-be-cut-and-hes-
getting-ready-if-trump-disputes-the-election; see also, Inside 
Politics: Rep. Jeffries on His Fight to Ban Police Chokeholds & 
Activists' Push to Defund Law Enforcement, (CNN television broadcast 
Jun. 7, 2020), https://www.cnn.com/videos/tv/2020/06/07/ip-jeffries-
intv.cnn (``You have to look at [defunding the police] on a case-by-
case basis''); see also Cori Bush (@CoriBush), Twitter (Dec. 1, 2020, 
9:03 PM), https://twitter.com/CoriBush/status/1333955011475365888 
(``It's not a slogan. It's a mandate for keeping our people alive. 
Defund the police.'').
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    Not surprisingly, jurisdictions that defunded their law 
enforcement saw a dramatic increase in crime. According to the 
Major Cities Chiefs Association (MCCA), the heightened levels 
of violent crime continued into 2021. The MCCA reported that 
violent crime in the majority of big cities across the U.S. 
remained high as compared to 2019, with homicides in particular 
increasing over 36 percent.\13\ Out of the 70 cities that the 
MCCA included in its data, 69 cities experienced increases in 
at least one category of violent crimes in 2021.\14\ Democrat-
run cities have seen significant increases in homicides. For 
example:
---------------------------------------------------------------------------
    \13\Press Release, Major Cities Chiefs Association, MCCA Releases 
Violent Crime Report (Feb. 10, 2022).
    \14\Major Cities Chiefs Association, Violent Crime Survey--Agency 
Totals (2020-2021), https://majorcitieschiefs.com/wp-content/uploads/
2022/02/MCCA-Violent-Crime-Report-2021-and-2020-Year-End.pdf.
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           In New York City, the NYPD's data shows the 
        overall crime rate rose 11.2 percent in October 2021 
        compared to October 2020.\15\ This jump in crime 
        continues after New York City defunded its police 
        department by $1 billion.\16\
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    \15\Fox 5 New York Staff, Violent Crime Continues to Surge in NYC, 
FOX 5 New York (Nov. 3, 2021), https://www.fox5ny.com/news/violent-
crime-continues-to-surge-in-nyc.
    \16\The Official Website of the City of New York, In the Face of an 
Economic Crisis, Mayor de Blasio Announces Budget that Prioritizes 
Safety, Police Reform, Youth Services, and Communities of Color (Jun. 
30, 2020), https://www1.nyc.gov/office-of-the-mayor/news/487-20/in-
face-an-economic-crisis-mayor-de-blasio-budgetprioritizes-safety-
police.
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           In Los Angeles County, homicides increased 
        23 percent from 555 in 2020 to 683 in 2021.\17\ The 
        increased homicide rate occurred after Los Angeles 
        defunded its police department by $150 million.\18\
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    \17\Major Cities Chiefs Association, Violent Crime Survey--Agency 
Totals (2020-2021), https://majorcitieschiefs.com/wp-content/uploads/
2022/08/MCCA-Violent-Crime-Report-2021-and-2020-Year-End.pdf.
    \18\Anabel Munoz, Los Angeles City Council votes to cut LAPD budget 
by $150 million, ABC 7 (Jul. 2, 2020), https://abc7.com/defund-the-
police-lapd-los-angeles-mayor-eric-garcetti/
6289037/.
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           Minneapolis, Minnesota, saw an increase in 
        homicides in 2021 with 96 reported as opposed to only 
        84 in 2020.\19\ Minneapolis was one of the first cities 
        to defund its police department in 2020 after the death 
        of George Floyd. The Minneapolis City Council voted to 
        refund its police department by $6.4 million after the 
        increase in crime.\20\ Moreover, in November 2021, 
        Minneapolis voters rejected a city council ballot 
        proposal to replace their embattled police 
        department.\21\
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    \19\Supra note 17.
    \20\Bradford Betz, Minneapolis Push to Defund Police Backfires 
After Residents Complain of Slow Response Times, Increase in Crime, Fox 
News (February 14, 2021) https://www.foxnews.com/us/minneapolis-defund-
police-backfires-residents-complain-slow-response-times-increase-crime.
    \21\Joe Walsh, Minneapolis Votes Down Proposal to Replace its 
Police Department, Forbes (Nov. 2, 2021), https://www.forbes.com/sites/
joewalsh/2021/11/02/minneapolis-votes-down-proposal-to-replace-its-
police-department/?sh=1a119c4b2fce.
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           Philadelphia, Pennsylvania, saw a nearly 13 
        percent increase in homicides from 2020 to 2021.\22\ In 
        2020, Philadelphia suffered 499 homicides, while 563 
        were reported in 2021.\23\ Philadelphia decided to cut 
        its police budget by $33 million in 2020.\24\
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    \22\Supra note 17.
    \23\Id.
    \24\Michael D'Onofrio, Preliminary Philly budget cuts $33M in 
police spending, implements reform, Pennsylvania Capital Star (Jun. 18, 
2020), https://www.penncapital-star.com/government-politics/
preliminary-philly-budgetcuts-33m-in-police-spending-implements-
reform/.
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           Portland, Oregon, also suffered a drastic 
        increase in homicides from 2020 to 2021. In 2020, 
        Portland suffered 53 homicides while enduring 87 in 
        2021.\25\ Portland also reported 3,409 aggravated 
        assaults in 2021, an increase from 2,726 in 2020.\26\ 
        Portland also decided to defund its police department 
        to the tune of $16 million in 2020.\27\
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    \25\Major Cities Chiefs Association, Violent Crime Survey--Agency 
Totals (2020-2021), https://majorcitieschiefs.com/wp-content/uploads/
2022/02/MCCA-Violent-Crime-Report-2021-and-2020-Year-End.pdf.
    \26\Id.
    \27\Portland, Ore., Cuts Police Budget by $16 million, Dissolves 
Programs, OANN (Nov. 6, 2020), https://www.oann.com/portland-votes-
against-18m-police-funding-cut/.
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                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to develop H. Con. Res. 40 
before the Committee on the Judiciary: ``Victims of Violent 
Crime in Manhattan,'' a hearing held on April 17, 2023, before 
the House Judiciary Committee. The Committee heard testimony 
from the following witnesses:
           Madeline Brame, Chairwoman of the Victims 
        Rights Reform Council and mother of a homicide victim;
           Jose Alba, Former Manhattan bodega clerk and 
        victim of assault in Manhattan;
           Jennifer Harrison, Founder of Victim's 
        Rights New York;
           Paul DiGiacomo, President of the New York 
        Police Department Detectives' Endowment Association;
           Barry Borgen, Father of a victim of anti-
        Semitic attack in Manhattan;
           Robert F. Holden, New York City Council 
        Member;
           Jim Kessler, Executive Vice President for 
        Policy, Third Way; and
           Rebecca Fischer, Executive Director. New 
        Yorkers Against Gun Violence.
    During this hearing, held in New York, New York, the 
Committee heard directly from victims of violent crime in 
Manhattan. The Committee also heard powerful testimony from the 
Detectives Endowment Association (DEA) President Paul DiGiacomo 
on how left-wing policies are harming law enforcement officers. 
Councilman Robert Holden testified that crime in New York is 
worse than at any time he can recall.

                        Committee Consideration

    On May 10, 2023, the Committee met in open session and 
ordered the bill, H. Con. Res. 40, favorably reported by voice 
vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following roll call votes occurred during the Committee's 
consideration of H. Con. Res. 40:
    1. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Cohen Amendment (#1) 
to H. Con. Res. 40]--passed 16 ayes to 9 nays
    2. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Jayapal Amendment 
(#2) to H. Con. Res. 40]--passed 20 ayes to 13 nays
    3. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Cicilline Amendment 
(#3) to H. Con. Res. 40]--passed 19 ayes to 11 nays
    4. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Cicilline Amendment 
(#4) to H. Con. Res. 40]--passed 17 ayes to 12 nays
    5. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Swalwell Amendment 
(#5) to H. Con. Res. 40]--passed 12 ayes to 11 nays
    6. Vote on Swalwell Amendment (#6) to H. Con. Res. 40--
failed 9 ayes to 12 nays
    7. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Jackson Lee 
Amendment (#7) to H. Con. Res. 40]--passed 11 ayes to 10 nays
    8. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Ivey Amendment (#8) 
to H. Con. Res. 40]--passed 11 ayes to 9 nays
    9. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Scanlon Amendment 
(#9) to H. Con. Res. 40]--passed 13 ayes to 9 nays
    10. Vote on Motion to Table [appealing the ruling of the 
Chair in respect to the germaneness of the Cicilline Amendment 
(#10) to H. Con. Res. 40]--passed 14 ayes to 9 nays
    11. Vote on Schiff Amendment (#11) to H. Con. Res. 40]--
failed 12 ayes to 14 nays
    12. Vote on Cicilline Amendment (#12) to H. Con. Res. 40--
failed 11 ayes to 14 nays


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to the requirements of clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of the Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                Committee Estimate of Budgetary Effects

    With respect to the requirements of clause 3(d)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H. Con. Res. 40 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H. Con. Res. 40 expresses support for local 
law enforcement officers and condemns efforts to defund or 
dismantle local law enforcement agencies.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H. Con. Res. 
40 does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

                      Section-by-Section Analysis

    This resolution makes a series of findings about the 
tireless efforts of local law enforcement officers to protect 
and serve their communities, highlights challenges that they 
face from rising crime, and condemns divisive and dangerous 
rhetoric to defund the police.
    The resolution resolves that Congress recognizes and 
appreciates local law enforcement officers and condemns calls 
to defund, disband, dismantle, or abolish the police.

                            Dissenting Views

    H. Con. Res. 40, ``Expressing support for local law 
enforcement officers and condemning efforts to defund or 
dismantle local law enforcement agencies,'' provides that 
Congress supports local law enforcement officers and condemns 
calls to defund, disband, dismantle, or abolish the police. 
Supporters of H. Con. Res. 40 claim that this resolution 
supports local law enforcement by lowering the national 
temperature that villainizes police. Quite the opposite is 
true. H. Con. Res. 40 contains incendiary language, makes false 
and misleading claims, ignores the contributions of federal law 
enforcement, and does nothing to support law enforcement in the 
performance of their duties or to keep them safe. To address 
these concerns, the Minority offered a series of amendments. 
However, due to questionable rulings by the Chairman, the 
amendments were not even considered. The Minority believes 
these important amendments were fully germane with respect to 
the bill and within the scope of the bill and should have been 
ruled in order.
    For these reasons and those explained below, I urge my 
colleagues to oppose this flawed resolution.

                                OVERVIEW

    H. Con. Res. 40 recognizes that local law enforcement 
officers work tirelessly to protect the communities they serve, 
are tasked with upholding the rule of law and ensuring public 
safety, put themselves in harm's way in the performance of 
their duties, and deserve respect and gratitude. Democrats 
wholeheartedly supported a resolution offering similar 
sentiments, H. Con. Res. 363, offered by Rep. Michael Guest (R-
MS), which provides that Congress supports recognition of 
National Police Week, which includes Peace Officers Memorial 
Day to honor law enforcement officers killed, disabled, or 
otherwise injured in the line of duty. However, H. Con. Res. 40 
goes on to erroneously attempt to link the expression of 
support for law enforcement with incendiary and misleading 
political claims about efforts to ``defund or dismantle local 
law enforcement agencies.''

                                CONCERNS

    In recent years, the Majority has repeatedly attempted to 
label the Minority as the party of ``defund the police.'' H. 
Con. Res. 40 endeavors to continue those efforts. While falsely 
describing or omitting the context of bills members of the 
Minority have supported or statements they have made and 
attempting to attach all Democrats to certain Members who have 
expressly called to defund the police, the Majority continues 
to falsely claim that all members of the Minority support 
``defunding'' the police. While attempting to connect the 
actions of a few to the Minority more broadly, the resolution 
references an increase in violent crime, including attacks on 
officers by ``violent leftist extremists'' and claims that 
``leftist activists'' as well as progressive politicians called 
for defunding local law enforcement and encouraged anger 
towards officers.
    The result is a hopelessly misleading resolution that omits 
crucial context and ignores crime trends across the country, 
including the disturbing rise in gun violence and the higher 
per capita murder rate in states won by Donald Trump, as well 
as Republican calls to defund federal law enforcement agencies, 
not to mention the right-wing activists who stormed the Capitol 
on January 6, 2021, taking the lives of brave Capitol Police 
officers.
    Unfortunately, the Majority hid behind an overly 
restrictive reading of the rules of germaneness to avoid 
debating and voting on the important issues highlighted by 
Democratic amendments. Several members of the Minority offered 
amendments that would have removed the inflammatory language 
and the false and misleading claims, but the Majority invoked 
dubious arguments to rule them not germane. Members of the 
Minority also offered amendments to acknowledge and support the 
137,000 federal agents and officers in the 50 states and the 
District of Columbia--including the United States Capitol 
Police. But they were similarly ruled not in order under an 
unduly restrictive theory of germaneness. Members of the 
Minority even attempted to offer amendments to include gun 
violence statistics and legislation supported by law 
enforcement officers and advocacy groups, including legislation 
to reduce gun violence, and a commitment to pass these endorsed 
bills since gun violence continues to pose a threat to law 
enforcement and the public that officers must keep safe. While 
the Minority is certain the amendments pertaining to gun 
violence legislation and a promise to pass such legislation 
were well within the scope of the bill and, thus, germane, they 
too were ruled not in order for various conflicting reasons. 
And although one of the amendments offered by Representative 
Eric Swalwell pertaining to gun violence statistics was ruled 
in order, it was not accepted.
    Importantly, just as the Majority has routinely done, H. 
Con. Res. 40 fails to acknowledge those members of the Minority 
who have rejected the call for defunding the police. The 
resolution also ignores the Majority's own efforts to defund 
law enforcement, whether by opposing grant funding that 
supports state and local agencies, or by calling to abolish 
federal agencies such as the Federal Bureau of Investigations 
(FBI) and the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives (ATF). They even voted down an amendment offered by 
Representative Adam Schiff (D-CA) to express opposition to the 
``Abolish the ATF Act'' of 2023, a bill introduced by 
Representative Matt Gaetz (D-FL), which eliminates the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives (ATF) immediately 
after the bill's enactment, as a dangerous effort to defund the 
police and which harms local law enforcement.
    The data cited below makes clear that the Majority talks 
more about funding the police than actually funding the police. 
Several studies have reported that police funding and personnel 
levels are far higher in the 25 largest cities run by Democrats 
compared to the 25 largest Republican-run cities; these same 
Democratic cities increased their police budgets to a greater 
degree than Republican cities in the most recent funding cycle; 
homicide rates were significantly higher in the 25 states that 
voted for former President Trump compared to the 25 states that 
voted for President Biden; and these Republican-run cities have 
prioritized guns over public safety.

1. The Red State Defund Police Problem

    The Majority has consistently blamed the recent rise in 
violent crime on the Minority and have attempted to pin the 
``defund the police'' rhetoric on specific members of the 
Minority and the Democratic party generally. The Majority 
continues to claim that specific statements made by the Ranking 
Member and others indicate support for defunding the police or 
a lack of support for law enforcement. The Majority argues that 
calls to defund the police, even in cities that increased 
police funding, are the cause of the rise in violent crime and 
that the only way to respond is to increase policing and return 
to the antiquated law and order rhetoric of the 1980s and '90s 
that led us into the crisis of mass incarceration. Most cities 
did not ``defund'' the police and even in cities where police 
budgets were reduced, there is no evidence that the change in 
funding caused an increase in violent crime. And last year, the 
President dedicated $10 billion to public safety from the 
American Rescue Plan, including $6.5 billion to assist state 
and local communities in their crime-fighting efforts.
    According to a Third Way report called The Red City Defund 
Police Problem, which compared the police budgets of the 25 
largest Democrat-run cities and the 25 largest Republican-run 
cities from FY2021 to FY2022,\1\ Democratic-run cities employ 
far more police officers and spend far more money on policing 
per capita than Republican-run cities. In fact, police forces 
in Democratic-run cities are 75% larger than police forces in 
GOP-run cities. And Democrats spend roughly 38% more per person 
on policing than Republicans. On average, each of the cities 
analyzed saw an increase in funding in 2022, with Democrats 
increasing police budgets by slightly more.
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    \1\The Red City Defund Police Problem, Third Way, June 18, 2022, 
https://www.thirdway.org/report/the-red-city-defund-police-problem.
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    To be sure, the Majority has attempted to pin higher crime 
rates on the Minority's public safety policy, especially those 
aimed at confronting inequities in the criminal justice system. 
From labeling progressive prosecutors as weak to attempting to 
block the District of Columbia's updated criminal code from 
becoming law or claiming that only bad guys have guns in cities 
with stricter gun safety laws, the Majority has shrouded their 
attempts to override the authority and decisions of 
predominantly blue-leaning cities behind claims of ``soaring 
crime rates.'' These attacks assume that the changes in 
criminal-justice policies that some states and many cities have 
pursued over the past few years are undermining public safety 
and fueling higher crime rates. But two exhaustive new studies 
by the Center for American Progress (CAP) and Everytown, refute 
that premise.\2\
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    \2\Foglesong, T. & Levi, R. et al., Violent crime and public 
prosecution: A review of recent data on homicide, robbery, and 
progressive prosecution in the United States, Munk School of Global 
Affairs and Public Policy, Global Lab, Oct. 20, 2022; Gun Safety 
Policies Save Lives, Everytown, https://everytownresearch.org/
rankings/.
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    Comparing cities that have elected so-called progressive 
prosecutors with cities where district attorneys continue to 
pursue more traditional public safety approaches, the CAP study 
found that homicides in recent years increased less rapidly in 
cities with progressive prosecutors than in those with more 
traditional district attorneys. It also found no meaningful 
differences in the trends for larceny and robbery. This data 
reinforces lessons learned from the Third Way study, The Red 
State Murder Problem, which found that per capita murder rates 
in 2020 were 40 percent higher in states that voted for Trump 
than in those that voted for President Joe Biden.\3\
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    \3\The Red State Murder Problem, Third Way, March 15, 2022, https:/
/www.thirdway.org/report/the-red-state-murder-problem.
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    Looking at the period from 2015 to 2019, the CAP study 
found that murder rates increased in a smaller share of cities 
with progressive prosecutors (56 percent) than in those with 
traditional prosecutors (68 percent) or prosecutors who fell in 
the middle (62 percent). Moreover, the absolute number of 
murders increased by more in the cities with traditional and 
moderate prosecutors than in those with progressive ones. When 
homicide rates jumped from 2020 to 2021, the study found, the 
increase was slightly lower in the cities with progressive 
prosecutors than in those with traditional prosecutors. 
Similarly, the study found that from 2018 to 2021, robberies 
fell about as much in the cities with progressive prosecutors 
(down 5 percent) as they did in those with traditional district 
attorneys (down 8 percent). Trends in larceny looked roughly 
the same in both types of cities as well.

2. The Red State Murder Problem

    According to a Third Way report called The Red State Murder 
Problem, published in March of last year, per capita murder 
rates in 2020 were 40% higher in the 25 states won by Donald 
Trump in the last presidential election than those won by 
President Biden.\4\ In addition, murder rates in many of these 
red states dwarfed those of blue states like New York, 
California, and Massachusetts. And finally, many of the states 
with the worst murder rates--like Mississippi, Kentucky, 
Alabama, South Carolina, and Arkansas--are ones that few 
describe as urban. The national average was 6.5 per 100,000 
residents, but the top five states had rates more than twice 
that high.\5\ Mississippi had the highest homicide rate at 20.5 
murders per 100,000 residents, followed by Louisiana at 15.79, 
Kentucky at 14.32, Alabama at 14.2, and Missouri at 14.
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    \4\The Red State Murder Problem, Third Way, March 15, 2022, https:/
/www.thirdway.org/report/the-red-state-murder-problem.
    \5\Id.
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    Only 2 of America's top 100 cities in population are in 
these high murder rate states. In fact, the top per capita 
murder rate states in 2020 were mostly those far from urban 
centers. Eight of the top ten worst murder rate states voted 
for Trump in 2020 and none of those eight has supported a 
Democrat for president since 1996. Notably, New Mexico and 
Georgia were the only Biden-voting states in the top ten, and 
they ranked seventh and eighth, respectively.\6\
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    \6\The rest of the top ten were South Carolina, New Mexico, 
Georgia, Arkansas, and Tennessee (in that order).
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    Beyond the top 10, the report found that among the 50 
states, murder rates were often well above the national average 
in many Republican-controlled states and cities. Jacksonville 
with 176 homicides and a murder rate (19.776) more than three 
times that of New York City (5.94) has a Republican mayor. 
Tulsa (19.64) and Oklahoma City (11.16) have Republican mayors 
in a Republican state and have murder rates that dwarf that of 
Los Angeles (6.74). Lexington's Republican mayor saw record 
homicides in 2020 and 2021, with a murder rate (10.61) nearly 
twice that of New York City. Bakersfield (11.91) and Fresno 
(14.09) each have Republican mayors and murder rates far higher 
than either San Francisco or Los Angeles. Of course, some 
cities controlled by Democrats had alarming murder rates, 
including Chicago (28.49).
    Five of the largest Biden-voting states by population, and 
those often in the news when it comes to crime, had much lower 
murder rates. New York at 4.11 per 100,000 residents, 
California at 5.59, and New Jersey at 3.70 were each well below 
the national average. Pennsylvania (7.22) and Illinois (9.20) 
were higher than the national average. But Mississippi's murder 
rate was nearly 400% higher than New York's, more than 250% 
higher than California's, and about 120% higher than Illinois'. 
In fact, the five states with the highest murder rates, all 
Trump-voting states, had rates at least 240% higher than New 
York's murder rate and at least 150% higher than California's.
    In a follow-up report, homicide data from 2000 to 2020 was 
studied to determine if the one-year red state murder epidemic 
was an anomaly.\7\ It was not. The study collected homicide 
data from 2000 through 2020 for all 50 states from the CDC's 
National Center for Health Statistics Mortality Data and found 
that the murder rate in the 25 states that voted for Trump has 
exceeded the murder rate in the 25 states that voted for 
President Biden in every year from 2000 to 2020. Over this 21-
year span, this red state murder gap has steadily widened from 
a low of 9 percent more per capita red state murders in 2003 
and 2004 to 44 percent more per capita red state murders in 
2019, before settling back to 43% in 2020. Altogether, the per 
capita red state murder rate was 23 percent higher than the 
Blue State murder rate with all 21 years combined. Even when 
murders in the largest cities in red states are removed, 
overall murder rates in Trump-voting states were 12 percent 
higher than Biden-voting states across the 21-year period and 
higher in 18 of the 21 years reported.
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    \7\Murdock, K. & Kessler, J., The Two-Decade Red State Murder 
Problem, Third Way, Jan. 27, 2023, https://www.thirdway.org/report/the-
two-decade-red-state-murder-problem.
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    While it is clear that murders continued to increase in 
most cities in 2021 and the tide of violence began to ebb last 
year, it is important to note that homicides continued to rise 
in Republican-run cities. Between 2019 and 2022, homicides rose 
in seven of the nine Republican-run cities: by 10 percent in 
Miami, 13 percent in Bakersfield (home to Speaker Kevin 
McCarthy), 31 percent in Omaha, 37 percent in Tulsa, 44 percent 
in Fort Worth, 71 percent in Fresno, and an eye-popping 181 
percent in Colorado Springs. The median red-city homicide 
increase is 31 percent.\8\
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    \8\Lewyn, M., Red Cities, Blue Cities, and Crime, Planetizen, March 
12, 2023, https://www.planetizen.com/blogs/122113-red-cities-blue-
cities-and-crime.
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3. The Red State Iron Pipeline Problem

    Incidents of domestic violence, suicides involving 
firearms, and violent crime surged as the COVID-19 pandemic 
lingered. There was a growing fear that two years of record 
high gun sales, the proliferation of ghost guns, and guns 
trafficked from states with lax gun laws to states with 
stricter gun laws and across the border had magnified the risk 
of gun violence. With mass shootings also occurring evermore 
frequently, the Minority passed several pieces of gun violence 
prevention and public safety legislation in the 117th Congress. 
Conversely, the Majority has prioritized guns over public 
safety, costing more than 100 American lives every day.
    The Majority has consistently undermined law enforcement 
and put lives at risk by putting more guns and gun accessories 
on the street without commonsense public safety protections, 
such as universal background checks and making sure all guns 
are traceable. Lax Republican gun laws are flooding our streets 
with guns, leading to the death of 120 Americans every day. The 
Minority continues to fight for commonsense gun violence 
prevention policies that save lives and ensure law-abiding 
citizens can safely own guns--policies supported by most 
Americans--while the Majority wants to abolish the ATF, the law 
enforcement agency responsible for protecting communities from 
gun violence, stopping gun trafficking, and ensuring lawful and 
responsible gun ownership.
    Just 2 Republicans joined 217 Democrats to pass ``The 
Assault Weapons Ban of 2022,'' which would have prohibited the 
possession, sale, manufacture, or importation of certain 
semiautomatic assault weapons and large capacity magazines. The 
``Federal Extreme Risk Protection Order Act of 2022'' would 
have authorized and established procedures for federal courts 
to issue red flag laws to prohibit an at-risk individual from 
purchasing and possessing firearms. The bill would have also 
established a grant program to help states, local governments, 
and other entities to implement extreme risk protection order 
laws. 219 Democrats voted to pass the bill joined by 5 
Republicans, and 201 Republicans voted no. ``The Protecting Our 
Kids Act'' would have employed a variety of strategies to 
effectively reduce gun violence across the country by raising 
the age that certain semiautomatic firearms can lawfully be 
possessed, limiting the accessibility of large capacity 
magazines, prohibiting straw purchasing, promoting the safe 
storage of firearms, and building on existing regulations to 
take ghost guns and bump stocks out of our communities. 5 
Republicans joined 218 Democrats in voting to pass the bill 
while 202 Republicans voted against passage.
    In addition to the CAP study discussed above, Everytown 
compared gun policy across the country, scoring each state on 
the strength of its gun laws and comparing it with its rate of 
gun violence. In states that have taken action to pass gun 
safety laws, fewer people die by gun violence, the study found. 
States with strong laws see less gun violence while the 14 
states that have failed to put ``basic protections'' into place 
have nearly three times as many gun deaths as the leading gun 
safety states. Notably, states with strong gun safety laws like 
Illinois and Maryland continue to be plagued with high gun 
violence in their largest cities primarily because they cannot 
protect their states from their neighboring states' weak laws. 
The ``Iron Pipeline,'' which consists of 10 mostly southern 
states\9\, contributes an outsized share of illegally 
trafficked firearms into Illinois, Maryland, New Jersey, and 
New York. For instance, Virginia has long been the top supplier 
of crime guns in Maryland. Conversely, states like New 
Hampshire, Vermont, and Rhode Island have unusually low gun 
death rates even with their somewhat weaker policies, partly 
because they are insulated by robust laws among other states 
within their region of the country.
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    \9\The states that exported the highest number of guns recovered in 
crimes were Georgia, Texas, Arizona, Florida, Virginia, Indiana, South 
Carolina, North Carolina, Alabama, and Mississippi, respectively.
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    The Majority has failed to offer any solutions while 
standing in the way of the Minority's efforts to address the 
root causes of crime and violence. Policies like stop-and-frisk 
and increased police presence in high-crime areas have been 
ineffective in reducing crime and have disproportionately 
targeted minority communities. Police alone will not solve the 
problems of crime and violence. Instead, there is a need for a 
balanced approach that employs both law enforcement strategies 
and community-based initiatives. Community engagement, 
resources, and support are also necessary to address the 
drivers of crime and violence. Safer communities are well-
resourced communities and public safety requires investments in 
housing, employment, education, and healthcare. That is why the 
Minority has worked to increase funding for social programs, 
mental health services, and re-entry support, as well as 
greater investment in community policing.

                               CONCLUSION

    H. Con. Res. 40 is incendiary, unhelpful, and advances 
false and misleading claims. Further, the resolution 
intentionally overlooks the important contributions of federal 
law enforcement during a commemoration period intended to 
highlight the sacrifices of all law enforcement agents. It is 
for these reasons that I must submit dissenting views on H. 
Con. Res. 40.

                                            Jerrold Nadler,
                                                    Ranking Member.