[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\
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\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:
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\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.