[Congressional Record Volume 160, Number 127 (Monday, September 8, 2014)]
[House]
[Pages H7279-H7287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COMMUNITY POLICING, LESSONS LEARNED FROM FERGUSON

  The SPEAKER pro tempore (Mr. Massie). Under the Speaker's announced 
policy of January 3, 2013, the gentleman from Nevada (Mr. Horsford) is 
recognized for 60 minutes as the designee of the minority leader.
  Mr. HORSFORD. Mr. Speaker, I am proud to join with my colleague, the 
coanchor, Mr. Jeffries from New York, to lead this Special Order hour 
on this, the first day back after the August congressional district 
work period.
  We are here for a very important reason tonight, Mr. Speaker, because 
on August 9, in Ferguson, Missouri, a young boy, an unarmed young boy 
by

[[Page H7280]]

the name of Michael Brown, had his life tragically taken. He was taken 
from his friends and his family. That community was devastated and has 
left behind so many questions of how this could have happened.
  I was honored to join with other colleagues at the invitation of the 
Representative from that area, Mr. Clay, to attend Michael Brown's 
funeral. It was an incredibly powerful service in which a city and a 
Nation came together to mourn. But out of that mourning and 
frustration, we have an obligation to act. And so tonight, members of 
the Congressional Black Caucus will use this Special Order hour to 
discuss the challenge of profiling, of militarizing our local law 
enforcement agencies, and the need to build community policing 
approaches that work.

  I am honored to work with my cochair and to lead this Special Order 
hour because it is a very significant moment that will allow us to heal 
and to move forward as a Nation.
  I would like to start by yielding time to the chairwoman of the 
Congressional Black Caucus, who provides so much leadership and 
direction to the 43 members of the CBC each and every day.
  This is an issue that we have been working on far before Michael 
Brown lost his life. There are a pattern of issues and young people who 
have been profiled, and we are committed to making sure that this does 
not continue.
  I would like to yield now to the gentlewoman from Ohio, the 
chairwoman of the Congressional Black Caucus, Chairwoman Marcia Fudge.
  Ms. FUDGE. I thank you for yielding.
  I want to thank my colleagues, Congressmen Jeffries and Horsford, for 
leading today's conversation on a problem that America must 
acknowledge, come to terms with, and address. I want to thank them for 
their leadership. As a freshman member, Mr. Horsford has been 
outstanding. It is my pleasure to serve with you.
  Mr. Speaker, in communities across our Nation, many believe that 
police officers, sworn to protect and serve, are instead disturbingly 
and violently attacking citizens without just cause.
  We have heard stories of individuals being shot to death when there 
is clearly no threat to an officer's safety. We have seen peaceful 
protestors and journalists on the job arrested, having cans of tear gas 
shot at them and guns suited for military combat pointed at unarmed 
citizens.
  Over the past few months, cell phone videos and pictures have 
surfaced showing a policeman kicking subdued civilians in the head, 
repeatedly punching a woman in the face on the side of a highway, and 
placing a man in an illegal choke hold when there appears to be no 
resistance to arrest.
  Last year in Cleveland, one of the cities I represent, 13 officers 
fired 137 shots into one car, killing two unarmed individuals, and both 
occupants of the car were shot more than 20 times.
  The startling images we saw of the police response to civil protest 
in Ferguson, Missouri, were in stark contrast to the citizens 
exercising their constitutional right to be heard. Police met peaceful 
protestors with a force intent on silencing their voices. This 
excessive use of force often provokes animosity instead of building the 
cooperation needed to combat violence.
  The trust between law enforcement and citizens required to keep our 
community safe is being eroded by the uncertainty of motives and biases 
behind the actions officials take, often against those who are 
powerless yet pay for them to protect them. Instead of keeping the 
peace, these actions incite tensions where there should be 
opportunities for understanding.
  This type of activity must stop. Community policing can only be 
effective when citizens and leaders, community law enforcement and 
elected officials work together, not against one another, to address 
violence and unrest. Transparency, accountability, and responsibility 
must be at the nexus of this relationship.

                              {time}  1945

  Because of Ferguson, our Nation and the world have seen what happens 
when these principles are ignored or disregarded.
  I applaud the Department of Justice for initiating full civil rights 
investigations into this case and others that have resulted in the 
deaths of civilians at the hands of law enforcement. I also applaud the 
citizens of Ferguson for realizing that their community belongs to them 
and that it is up to them to decide with whom they will work to lead 
it.
  Just because the cameras are no longer rolling in Ferguson, the 
recent tragedies we have witnessed there, in Staten Island, and in 
other American cities have shown that we cannot keep turning a blind 
eye to what is going on between law enforcement and the communities 
they serve.
  Members of the Congressional Black Caucus remain committed to working 
with our colleagues on the local, State, and Federal level to improve 
the policies and practices of law enforcement officials across this 
country so that safety, trust, and confidence can be restored where it 
has been broken.
  I want to especially congratulate my colleague, Mr. Clay, for all of 
the work that he did during the Ferguson situation and will continue to 
do. I am as proud of him as I can be of anyone, and I certainly am 
going to be supportive of his efforts.
  Mr. Speaker, we cannot move forward together without figuring out 
what must be done so that what happened in Ferguson never happens 
again.
  Mr. HORSFORD. I thank the gentlewoman, the chair of the Congressional 
Black Caucus, for your ongoing commitment and leadership on these 
important issues and the recognition that there is so much more work 
that needs to be done. And while there are local law enforcement 
agencies and police officers who do a good job every day and who put 
their life on the line, we know that there are individuals who are not 
necessarily living up to those standards of public safety and trust, 
and so we look forward to improving that.
  I would like to now yield to the gentleman from Missouri, 
Representative Lacy Clay, who provided the leadership on the ground, on 
the scene, particularly following the days after Michael Brown's 
shooting. He represents the community of Ferguson in St. Louis, 
Missouri.
  Mr. CLAY. Mr. Speaker, I want to thank my colleague from Nevada, as 
well as my colleagues from both sides of the aisle who offered their 
support during this tragic time in Ferguson. In particular, let me 
thank the Congressional Black Caucus for standing with me in our 
efforts to deliver justice--equal justice--under the law to all 
Americans.
  Mr. Speaker, I rise today as the Congressman from Missouri's First 
Congressional District, which includes Ferguson, Missouri, a suburb 
with over 23,000 people in St. Louis County. The pain that has 
enveloped that community since the tragic police shooting of Michael 
Brown on August the 9th has stirred the conscience of our Nation and 
has forced us to confront some very difficult truths.
  The hard reality that I observed with my own eyes is a deep sense of 
outrage and anger that is present, not just in Ferguson, but in many 
communities across this country. And that pain is most deeply felt by 
millions of Americans of color, both young and old, who know from 
decades of sad experience that far too often local law enforcement 
agencies and the justice system do not view them or treat them as equal 
citizens who deserve due process and equal protection under the law.
  That is certainly true in Ferguson, Missouri.
  According to the latest Census data, Ferguson, Missouri, is 67 
percent African American. It has a police force of 58 officers. Only 
four of those officers are black, and many of the officers do not live 
in Ferguson. So, in essence, the Ferguson Police Department is an 
outside armed force which is not representative of the community that 
they are sworn to protect and does not live among the citizens who pay 
their salaries. And that is a prescription for tension, a complete lack 
of trust, and in the case of Michael Brown, an 18-year-old, unarmed 
black teenager, a tragic and completely unnecessary death.
  Two days after he was killed, I joined with CBC Chairwoman Fudge and 
House Judiciary Committee Ranking Member Conyers to send an urgent 
letter to the Attorney General seeking immediate assistance from the 
Justice Department. And I want to personally

[[Page H7281]]

thank President Obama and Attorney General Holder for responding to our 
request with great speed and strength.
  In addition to the local criminal investigation into the Michael 
Brown shooting, which I have little confidence in, there are now two 
parallel Federal investigations that are being directed by the Civil 
Rights Division of the Justice Department. The first investigation is 
examining all the circumstances, physical evidence, and multiple 
eyewitness accounts of the fatal police shooting on August the 9th. The 
second, which was announced by the Attorney General just last week, 
will examine the overall law enforcement practices of the Ferguson, 
Missouri, Police Department, including the already published extreme 
racial disparities in who is stopped, who is searched, who is arrested, 
and what happens to them if they go to jail.
  Mr. Speaker, I made a promise to Michael Brown's mother that we would 
focus every possible Federal resource on this case in an effort to 
bring justice for her son's death. I have confidence in that process. 
But the sad truth is that there are too many communities just like 
Ferguson across this country where decades of discrimination, abuse, 
and a lack of respect by local law enforcement has resulted in a gulf 
of suspicion and mistrust. And as we have seen, that tinderbox can lead 
to an explosion of anger and violence that is difficult to control.
  While I certainly condemn all lawbreaking and the destruction of 
property, I understand the anger that so many of my constituents feel 
because I feel it too. And I would urge all of you to read a compelling 
story published in The Washington Post on September 3 entitled, ``How 
Municipalities in St. Louis County Profit From Poverty''. This 
remarkable story, authored by Radley Balko, tells the tale of how 
people of color are often preyed upon at municipal ATM machines by the 
police and by the very justice system that is supposed to protect these 
people.

  Again, the title of the story: ``How Municipalities in St. Louis 
County Profit From Poverty,'' published on September 3 in The 
Washington Post.
  That same story happens every day in majority-minority communities 
across this country. So, Mr. Speaker, there are many hard lessons to be 
learned from Ferguson, and I fear that there may be more to come.
  But this much cannot be disputed: across America today, we have too 
many Michael Browns, we have too many unarmed young black men who 
interact with police and wind up dead. The resolution of that problem 
will only come through a painful, honest, national discussion about 
race and our inability to address these tragic disparities.
  My hope is that we will not only achieve justice for Michael Brown 
but that his tragic death will help us begin a long overdue national 
conversation that leads to truth, reconciliation, and equal justice 
under the law for all.
  Mr. Speaker, I thank my colleagues for their support.
  Mr. HORSFORD. I thank the gentleman from Missouri, and I thank you 
for really putting your heart and soul into serving your constituents 
and the outpouring of compassion that was shown following this 
unfortunate death of Michael Brown.
  At the funeral, the one remark that really stayed with me was that 
Michael Brown wanted the world to know his name. I think out of this 
unfortunate situation, there is this opportunity now, as you indicate, 
Representative Clay, for us to have a discussion, an action, to take 
action on a pattern of practices that are not limited to just Ferguson, 
Missouri. And as you just indicated, this is an issue that has happened 
in other places, whether it is John Crawford in Beavercreek, Ohio; 
Ezell Ford in Los Angeles, California; or Eric Garner in Staten Island, 
New York; or Dante Parker in Victorville, California; or constituents 
in my home State in Las Vegas, Nevada.
  This is a pattern that must end. And for Michael Brown, for him to 
have the world know his name, the best outcome could be to change and 
improve the community-police relationship so that all people are 
treated fairly and equally under the law. That is our hope and 
aspiration here tonight as we bring attention to this very important 
issue during this Special Order hour.
  I would like to now yield time to the gentlewoman from Florida, 
Representative Frederica Wilson, for her to add comments to this very 
important topic and to bring her perspective, as well.
  Ms. WILSON of Florida. Thank you, Representative Horsford, and to all 
the Members of the Congressional Black Caucus, who are here tonight to 
contribute to this conversation regarding an issue that is oh so 
prevalent in our communities and has been there for generations.
  I just want to say to the President of the United States that I am 
extremely grateful for his vision in creating an initiative called My 
Brother's Keeper. My Brother's Keeper hopefully will address some of 
the issues that our young boys of color face.
  I want to say that there is so much friction between police and black 
boys. That friction has been there for generations, almost since 
slavery. And it is a conversation that black parents have to have with 
their young boys as soon as they probably get a driver's license. They 
have to talk to them about dealing with the police. And I want to say, 
in my hometown of Miami-Dade County, I founded a program called the 
5000 Role Models of Excellence 22 years ago.
  We must realize that everyone just doesn't have a parent, they just 
don't have a responsible parent that can have that conversation with 
them. So we recruit mentors across this Nation to deal with these young 
men and try to teach them how to deal with some of the issues that 
impact especially boys of color but more specifically when it comes to 
the police black boys. The pamphlet starts out by saying if the police 
stop you, freeze, don't move, unless you are told to do so. Never run 
from the police. Always remain calm. Think, cooperate, speak clearly, 
ask questions if you have to, and it goes on and on.
  It is sad that we have to do this. We are not trying to break the 
spirits of young black boys, but we are trying to keep them alive.
  This is how the pamphlet looks. And it was really orchestrated by our 
State attorney, our public defender, and the Miami-Dade County 
Association of Chiefs of Police. And they put it together and put it in 
all of the schools for all of the children and members of the school's 
police to teach these children how to respond if the police ever stop 
them.

                              {time}  2000

  I have a real concern with Michael Brown's case, and that concern is 
with the State attorney. I really have a real concern that the grand 
jury may not get all of the evidence that they need. My father served 
on the grand jury for many years. I do know that the State attorney has 
so much sway over the grand jury.
  My heart broke even worse than it did when he was killed, when we 
realized that the State attorney would be the one that would send the 
case to the grand jury that would oversee the case. He had a history 
that no one wants to have.
  His father was a police officer, and he was killed by a Black youth. 
If that is not enough to recuse yourself from the case in general, to 
my colleagues, I cannot understand what else could be the case.
  You remember Trayvon Martin, who came from my district. He was 
killed. The first thing that happened was the State attorney didn't 
want to recuse himself, but the Governor removed him, so I am really 
counting on Governor Nixon tonight to remove the State attorney, to 
remove the prosecutor from this case because, otherwise, Michael Brown 
may not get a fair trial, and he deserves justice under the law.
  Thank you so much for this opportunity. I will continue to pray for 
his family because this is not a good time in America for young Black 
boys. They are watching. They are paying attention to this case. People 
all across the world are watching what is going to happen in Ferguson. 
I am afraid of what will happen if the verdict or if the police, 
Wilson, is not even indicted.
  Mr. HORSFORD. I thank the gentlewoman from Florida. Thank you for 
providing the information about the resources that are available to 
young people to know their rights, to understand how they need to 
approach the situation.
  I just had the privilege of participating at a ``Know Your Rights'' 
townhall that was hosted in my congressional district by the National 
Bar Association, the Las Vegas chapter of the

[[Page H7282]]

National Bar Association. We had approximately 100 attendees, many of 
them young people, who do need this information.
  Regardless of whether there is a parent in the house or not, every 
young person needs to understand their rights and the best practices on 
how to interact with law enforcement when and if that does occur.
  We want to encourage young people to know their rights. I think 
working with the Congressional Black Caucus, we will find opportunities 
to post that information, to share it with organizations in our local 
communities, to help connect young people and adults alike, so that we 
can improve on the relationship between police officers and our 
community.
  I would like to now turn to our next Member for the Congressional 
Black Caucus for this hour, the gentleman from Texas--I was very 
delighted to join with him and other Members at the funeral, to pay our 
respects to the family and the community. I would like to now yield 
time to the gentleman from Texas, Representative Al Green.
  Mr. AL GREEN of Texas. Thank you very much, Representative Horsford. 
I am honored to be with you tonight. Nevada's Fourth District is most 
capably and competently represented by your presence in Congress. I am 
also grateful to Mr. Jeffries, who represents New York's Eighth 
District. The two of you have done a stellar job in hosting these 
Special Order hours.
  I am grateful to the President of the United States of America, the 
Honorable Barack Obama, for appointing the Honorable Eric Holder as 
Attorney General. I am grateful because Mr. Holder is intelligent.
  He has the intellect necessary to comprehend the breadth of these 
issues. I am also grateful in that he is a person of courage. I am 
grateful because intellect without courage can be intellect wasted. His 
intellect is not wasted. He has had the courage to take on the 
challenges such as what we have with Ferguson.
  The Justice Department is there. They are investigating. There is 
good reason for the Justice Department to be in Ferguson. The Justice 
Department is in Ferguson because Ferguson is 67 percent Black, and 
only one African American is on the city council of seven, if you count 
the mayor--67 percent Black.
  The police department is 83 percent White. Three Blacks out of 53 
officers--good reason to be in Ferguson; school board, one member Black 
of seven. Of the officers that are on the police department or were on 
the police department, one of them is on the city council--good reason 
to be in Ferguson.
  Five officers or former officers, either they are on the department 
now or not, have been alleged to be involved with some sort of civil 
rights violation, accused--allegation--of choking and hog-tieing a 
young person--another circumstance wherein a person was tased and died 
afterwards; another circumstance wherein a person was beaten by a peace 
officer and then charged with destroying public property when he bled 
on the officer's clothing--good reason to be in Ferguson.
  A prosecutor who has decided that he will not recuse himself, 
notwithstanding his father's tragic circumstance--the father died at 
the hands of a person who happened to have been African American, who 
was a peace officer by the way, his father was--refuses to recuse 
himself, and he refuses to have a preliminary hearing with this case.
  This case does not have to go to a grand jury. This case could be 
heard by way of a preliminary hearing after an arrest warrant has been 
issued.
  I submit to you that there is sufficient probable cause to indict 
this officer or to arrest this officer, more appropriately. In any 
jurisdiction in the United States of America, there is probable cause 
to arrest.
  Then you would go to a preliminary hearing, and you would have 
transparency. The world would hear what the witnesses have to say. 
There is good reason for the Justice Department to be in Ferguson.
  So I am honored to be here tonight to stand with my colleagues, 
especially the Honorable Lacy Clay, who has been a real champion on 
behalf of this family. I am honored to be here because I understand 
that injustice anywhere is a threat to justice everywhere, and 
injustice in Ferguson unchecked can lead to injustice in Houston.

  I think that the President of the United States of America made a 
wise choice when he chose the Honorable Eric Holder. I pray that the 
natural order of things will not continue to be circumvented. Mothers 
and fathers should not--n-o-t--should not bury their children. We must 
circumvent this kind of behavior. Thank God for you, Mr. President.
  I thank you, sir, for yielding me the time.
  Mr. HORSFORD. I thank the gentleman from Texas for his comments.
  I would like to yield now to the gentlewoman from Wisconsin, the 
great State of Wisconsin, and to extend whatever time she may need. I 
appreciate, again, her leadership, compassion, and dedication on so 
many issues, but particularly on bringing the voice and perspective of 
people who aren't always heard in this institution. I have great 
respect and admiration for her. I would like to yield time now to 
Representative Gwen Moore.
  Ms. MOORE. Thank you so much, Mr. Horsford.
  I would first like to join my colleagues in grieving and celebrating 
the life of Michael Brown. I would hope that his short life will not 
have been lived in vain, that his death will teach us something that 
will serve the Nation, so that others will not have to endure this.
  I am particularly feeling empathy with Ms. McFadden. Ms. McFadden is 
the mother. As the mother of two Black male children, Mr. Horsford, it 
has been a constant terror in my life that I would experience what Ms. 
McFadden has experienced.
  After Ferguson, I watched an episode of a comedy, ``Girlfriends,'' 
and a young Black mother was chastising her son for being arrested. She 
mentioned that she didn't appreciate having to come down to the police 
station to pick him up. They had just recently moved to a suburb.
  She asked him: What were you doing? He said: I was just walking down 
the street. She commented--and there was laughter in the audience--Why 
were you walking down the street? You know we haven't had our meet-and-
greet with the police department yet.
  I am saying that to say this: we need a truth and reconciliation in 
this country similar to what they experienced in South Africa about the 
plight of young Black males. They are marginalized.
  Every social institution fails them by the time they are 18 years 
old, like Michael Brown. The educational system has failed them. So 
often, as a State legislator, we would build a prison bed based on the 
third grade reading tests of young Black men.
  The economy has failed young Black men by the time they are 18 years 
old. So what we find in these communities is a hypervigilant police 
force that is dealing with a preponderance of social failure, and we 
lay all of society's failures at the feet of the police department.
  I do applaud you, Mr. Horsford, for the efforts you have made in this 
House. I am a proud cosponsor of your Universal RESPECT Act, which 
directs the President to do a comprehensive review of law enforcement 
policies across the country in order to eliminate procedures that 
result in racial profiling.
  I think that this is really a threshold toward that end of a 
reconciliation. I have long been a supporter of the End Racial 
Profiling Act, which has been offered by one of the deans of this 
House, Representative John Conyers, that makes it clear that law 
enforcement agencies cannot engage in racial profiling anywhere in the 
country.
  I do think that there are baby steps that we can take. Certainly, one 
giant step toward increasing accountability is to install these lapel 
cameras on all law enforcement agencies. As a matter of fact, I was 
very proud, in 2009, to secure $100,000 for the police department in 
Milwaukee to purchase cameras for their cars.
  I do think it is also important that law enforcement agency's 
members, police officers, be stakeholders in the communities that they 
are serving.

                              {time}  2015

  It did not escape my attention that the involved officer in the 
untimely death of Michael Brown lived 25 miles

[[Page H7283]]

away, and that is why I am tremendously concerned about efforts in my 
own State, where Governor Scott Walker acted to end the residency 
requirements for police officers over a year ago. That is currently in 
litigation for that very reason. You don't want police officers to 
become a military occupying force in a community. You force a kind of 
transparency and accountability when those police officers go to your 
churches, they shop at your grocery stores, and they are a part of your 
community.
  I certainly applaud the Justice Department involvement in this issue.
  I do think that no one had ever heard of Ferguson, Missouri, before 
August 9, and certainly the name Michael Brown is a name shared 
probably by millions of people. I say that to say that this is not 
about Ferguson or just about Michael Brown. It is about the direction 
and the future of America and where we are going with this.
  To paraphrase Dr. Martin Luther King:

       We will either live together as brothers or we will perish 
     as fools.

  I think young Black men have tremendous talent. They have a lot to 
offer. The legacy of slavery has brought us to the point where seeing a 
6-foot-4 Black man walking down the street in and of itself is a 
threat. We need some truth and reconciliation around that issue.
  May Michael Brown rest in peace and may his life lift us to a greater 
understanding and reconciliation around this issue.
  Thank you so much for this Special Order.
  Mr. HORSFORD. I thank the gentlewoman from Wisconsin for your very 
compassionate remarks and the perspectives of so many people who are 
expecting this Congress to act. We will take heed of your words and 
your recommendations.


                             general leave

  Mr. HORSFORD. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the subject matter of this Special 
Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. HORSFORD. May I inquire as to how much remaining time we have 
left?
  The SPEAKER pro tempore. The gentleman has 22 minutes remaining.
  Mr. HORSFORD. Mr. Speaker, I would like to also include for the 
Record the fact that the U.N. Committee on the Elimination of Racial 
Discrimination recently issued a 14-page-long scathing report on the 
United States' failure to fully comply with our obligations under the 
International Convention on the Elimination of All Forms of Racial 
Discrimination in numerous areas affecting racial and ethnic 
minorities.
  While the report commended the Obama administration for steps it has 
taken to combat racial discrimination, it highlighted the gaps stated 
commitments and the glaring reality of laws and practices that continue 
to discriminate against and disproportionately impact people of color 
and indigenous communities.
  I think it is rather important for this body to know, particularly 
tonight, because I know there will be some who will ask: Why are they 
doing this Special Order on this topic? Why are they bringing attention 
to the need for reform?
  Well, whether it is in your local community, in your State, or 
federally, we have an obligation to make sure that people are treated 
fairly and equally under the law, and where our laws or our practices 
fail to meet that standard, we have an obligation to change it.
  For the United Nations to call into question the United States' 
failure in these areas I think speaks to the fact that this is not just 
a local issue, but it is also an international one. So I hope that my 
colleagues understand that that is, in part, why we are bringing 
attention to it.
  I would like to thank the gentlewoman from Wisconsin for recognizing 
the fact that many Members have proposed legislation well before the 
Michael Brown case. Mr. Conyers, the ranking member of the Judicial 
Committee, called for the End Racial Profiling Act. Representative Hank 
Johnson's legislation calls for greater accountability and a 
fundamental review of the militarization of our local law enforcement 
agencies. I am honored to be one of the sponsors for the Universal 
Respect Act, to have a review and meaningful change, again, of our 
local law enforcement so that their practices meet the intent of our 
laws.
  I would like to now yield to my good friend and a fellow freshman 
Member. He is actually a redshirt freshman because he came in a little 
earlier than the rest of us. He has been a dynamic leader that came to 
this Congress with the commitment to serve his constituents from the 
great State of New Jersey. I yield to my friend, Representative Donald 
Payne.
  Mr. PAYNE. Let me say thank you to my colleague, the gentleman from 
Nevada, and also the gentleman from New York (Mr. Jeffries), who have 
demonstrated true leadership in this freshman class and having shown 
and demonstrated time and time again during these Special Orders their 
commitment to this Nation.
  Mr. Speaker, the people of Ferguson, Missouri, and the people across 
this Nation have suffered a tremendous blow with the circumstances 
surrounding Michael Brown's death. Not only did we lose a young man, we 
as a Nation were once again reminded that although we have come so far, 
we still have a long way to go. We are trying to achieve equality and 
fairness under the law, regardless of race, religion, or sexual 
orientation. Now is the time for all of us to reflect on what has 
happened and to find a way to come together going forward.
  We lost a young man, Michael Brown, in heartbreaking and tragic 
circumstances. He was only 18 years old. His family will never be able 
to hold or talk to him ever again.
  When something like this happens, local authorities, including the 
police, have a responsibility to be open and transparent about how they 
are investigating the death and how they are protecting the people in 
our communities. The people of Ferguson and the people of this Nation 
deserve a transparent and thorough investigation. We deserve the truth 
and we deserve justice.

  I am very pleased that the Department of Justice Civil Rights 
Division has stepped in and has launched a thorough investigation into 
the circumstances that led to Michael Brown's death. I want to commend 
President Obama and also Mr. Holder for their involvement and their 
commitment on seeing justice brought in this situation.
  This issue around racial profiling is about a young man that was 
walking in the street with a friend, is told to get on the sidewalk, 
and just a little bit later lay dead in the street. It started out with 
him being told to get on the sidewalk, and he loses his life. It is 
unconscionable. It is not understandable, and it is unjust.
  This is a situation that young African American men have had to deal 
with for centuries. It is a situation that we all find ourselves in. 
Whether we are young men in Ferguson, Missouri; Newark, New Jersey; New 
York City; or Las Vegas, Nevada, we all have one common thread, and 
that is when you come across a police officer in certain circumstances, 
there is a manner in which you should conduct yourself to make sure you 
can get home alive that night.
  I have been on that side of it, Mr. Speaker, on far to many occasions 
to count. One of the occasions that I remember so well, I was about 19 
or 20. I was working for a company and had to go downtown in my 
hometown of Newark, New Jersey, to pay a bill at a department store. I 
was pulled over by the police.
  I admit I made a driving infraction, and I was pulled over by the 
police. I was using my cousin's car. When the officer asked me for my 
identification, being a little nervous, I kind of scrambled and I 
didn't know where the registration of the vehicle was right away. This 
police officer decided to tell me that if I did not find that license 
and registration quick enough, he would throw me so far under the jail 
they would never find me.
  Now, you can imagine the fright and panic that that would put in a 
young person. But I got my license--still looking for the 
registration--and I handed it to him, Mr. Speaker. But,

[[Page H7284]]

Mr. Speaker, because my family was well-known in that town and my 
father was a sitting councilperson in that municipality at the time, 
all of a sudden the police officer's demeanor changed, because all of a 
sudden I was someone now.
  Why did it take me to be related to a council member in that town to 
be someone? No more than 2 minutes prior to that, I would have been 
thrown so far under the jail that they would never find me. Now it was, 
Well, don't you understand you need to be careful? You could get hurt 
or you could hurt someone. All of a sudden, now there is some concern 
for me. What changed it, Mr. Speaker? What changed it?
  But what concerns me is the callous thousands, even hundreds of 
thousands, of African American men that can't pull that license out and 
become someone. Those are the people that I am concerned about. They 
wrestle with this issue every single day. That is why I am proud to say 
that my uncle, the former assemblyman, William Payne, is the author of 
the racial profiling bill in the State of New Jersey that stands now. 
Because this is an issue, has been an issue, and obviously, based on 
what has happened in Ferguson, Missouri, still is an issue.
  So we will continue to speak out, as we have done in our homes, in 
Ferguson, and on this floor, because we need the United States of 
America to live up to its creed.
  With that, sir, I just have one last thing to say. It is something 
that just came to me.
  In these communities that we talk about, when will they know their 
local police for protect and serve rather than stop and frisk?
  Mr. HORSFORD. I thank the gentleman from New Jersey. Thank you for 
sharing your own personal experience. I know each of us can probably 
recall an incident where we have felt that we were being profiled, 
targeted, singled out, not because it was warranted necessarily, but 
because of some characteristic. And that is part of what we are here to 
bring attention to tonight. So thank you for your honesty and for your 
genuineness in expressing that personal story.

                              {time}  2030

  Mr. Speaker, I yield to the gentleman from the Empire State, New York 
(Mr. Jeffries), my fellow coanchor. I have great respect for this 
gentleman. We have gotten to know each other very well, and I know that 
this is an issue, in particular, that he has provided direct leadership 
on because of the communities in which he serves in New York. And the 
comment by the gentleman, the previous comment about ``stop and frisk'' 
is something that you have worked to challenge, and because of that 
there is a change that is underway. That is what we are hoping to bring 
tonight.
  Mr. JEFFRIES. Mr. Speaker, I thank my distinguished colleague from 
the Silver State for anchoring the CBC Special Order on this incredibly 
important topic related to the ongoing problem, I would argue, 
epidemic, of police violence largely directed at communities of color.
  The most recent situation, of course, occurred in Ferguson, Missouri, 
with the tragic killing of Michael Brown, and we all join our 
colleague, Lacy Clay, as well as the CBC chair, Marcia Fudge, in 
pushing for justice, which we believe is most likely to occur through a 
Federal investigation that is now ongoing.
  But, unfortunately, the problem brought to light for so many across 
America, particularly the neighborhoods that I represent in Brooklyn, 
New York, by the killing of Michael Brown is all too familiar for many 
communities across this great Nation.
  In fact, back in July of 1967, President Lyndon Baines Johnson 
appointed what came to be known as the Kerner Commission, an 11-member 
commission to study the causes of civil unrest in urban America that 
had been taking place since 1964 and into 1965 and throughout 1966 into 
1967, prompting Lyndon Johnson--one of our greatest Presidents, though 
that is not often acknowledged, given the leadership he demonstrated on 
domestic issues--to appoint this Kerner Commission.
  The vice chair of the commission was the then-New York City Mayor, 
John Lindsay, a former distinguished Member of this House.
  The Commission concluded that some of the unrest that had taken place 
in cities like Detroit, Michigan, and Philadelphia, Pennsylvania, in 
Los Angeles, in Watts, some of the things that had taken place, 
resulting in unrest, were caused by preexisting conditions of 
aggressive police activity in African American communities, followed by 
a triggering event, often a shooting of an unarmed African American, 
and then an overly aggressive police response.
  This is what the Kerner Commission found when it issued its report in 
the late 1960s. But that same analysis could apply more than 45 years 
later in terms of what this country just witnessed in Ferguson, 
Missouri, a history, clearly, in that community of overly aggressive, 
excessive force, largely directed at the African American community, 
and then a triggering event, the killing of an unarmed African 
American, Michael Brown, who, of course, was shot twice in the head, 
and it appears a total of six times, and then, an overly aggressive 
police response, in fact, a military response.
  The people at home in the district that I represent were shocked to 
see the images coming out of Ferguson, Missouri. It looked like 
Fallujah. It looked like a war zone in the Middle East or other parts 
of the world, not an American suburb.
  What did we learn, if anything, from the Kerner Commission report?
  Apparently, not much, and that is what we have got to confront in 
America.
  There is a reality to police brutality and its impact, particularly 
on unarmed African American men, that, as a civilized society, we 
should no longer tolerate.
  Now, let me pause, parenthetically, and agree with my good friend's 
point, Representative Horsford, that the overwhelming majority of 
police officers in America are good individuals, hard-working, decent 
men and women committed to enforcing the law in an evenhanded fashion.
  But there are too many cases of excessive violence, often directed at 
unarmed African American men in America. We have got to address that 
epidemic.
  Perhaps we could begin by just reviewing the Kerner Commission report 
issued under the Johnson administration. It is shameful that decade 
after decade after decade we have been unable to confront some of the 
realities brought to bear by that report. But perhaps the tragedy in 
Ferguson, Missouri, will wake us all up as a country.
  Fannie Lou Hamer made the observation that she was sick and tired of 
being sick and tired. At what point will we in America be tired of 
seeing another unarmed African American man's life being taken away 
prematurely by an officer using excessive force?
  That is why we are hopeful that we not just deal with the law 
enforcement problem, but that we confront some of the underlying 
socioeconomic conditions that create a climate for some of these things 
to occur.
  I look forward to that discussion as we move forward under the 
leadership of our chair, and certainly working closely with the 
distinguished gentleman from Las Vegas.
  Mr. HORSFORD. Mr. Speaker, I thank the gentleman, my coanchor, for 
this Special Order hour, and for your bringing to this body a reminder 
of the Kerner report, which is very instructive on what should be done 
as a model to move community policing approaches forward.
  I think that is one of the absolute objectives that must come from 
any action that this body takes. And there is a role for Congress to 
play. Absolutely, there is a responsibility for the Department of 
Justice, which has a statutory objective, a responsibility to ensure 
profiling does not occur in our Nation's law enforcement.
  In addition to the example of the Kerner report, I would also like to 
bring to attention the work of the U.S. Department of Justice, the 
Office of Community Oriented Policing Services, the COPS office, which 
is working to develop an initiative known as the collaborative reform 
model.
  Now, they came to my home State of Nevada in January of 2012, 
following growing community concern and scrutiny of its use of deadly 
force practices, and the Las Vegas Metropolitan Police Department, 
under the leadership of our sheriff, voluntarily agreed to have

[[Page H7285]]

this review by the COPS department in order to identify areas of 
improvement.
  So I believe that this report and this program, along with the Kerner 
report, are examples of what we could do to make sure that every local 
law enforcement agency has high standards and is not practicing 
profiling.
  Mr. Speaker, I know our time has expired. I would like to thank my 
colleagues for this Special Order hour, and the gentleman from New York 
for coanchoring.
  I yield back the balance of my time.
  Mr. HORSFORD. The material I previously referred to is as follows:

                           Executive Summary


                               Background

       In January 2012, under growing community concern and 
     scrutiny of its use of deadly force practices, the Las Vegas 
     Metropolitan Police Department (LVMPD) agreed to take part in 
     an initiative sponsored by the U.S. Department of Justice, 
     Office of Community Oriented Policing Services (COPS Office), 
     known as the ``Collaborative Reform Model.''
       As part of this initiative, LVMPD agreed to an in-depth 
     assessment of its use of deadly force policies and practices. 
     In support, the COPS Office and CNA would assist the LVMPD in 
     adopting national standards and best practices as they relate 
     to officer-involved shootings (OIS), while ensuring that 
     LVMPD's implementation was comprehensive and integrated. CNA 
     conducted the assessment, focusing on four issue areas:
       (1) policy and procedures, (2) training and tactics, (3) 
     investigation and documentation, and (4) external view. CNA 
     completed the assessment in November 2012, which documented a 
     total of 75 reforms and recommendations. These included both 
     new recommendations from the assessment team and reforms that 
     LVMPD initiated before and during the assessment process. CNA 
     published the final report Collaborative Reform Model: A 
     Review of Officer-Involved Shootings in the Las Vegas 
     Metropolitan Police Department (referred to as the ``2012 
     report'' throughout the remainder of this report) in November 
     2012.
       The publication of the 2012 report did not complete the 
     process. Sustainable policy and organizational change 
     requires careful planning, implementation, and monitoring. 
     The COPS Office, CNA, and LVMPD have continued in their 
     collaboration throughout 2013. The COPS Office asked CNA to 
     document reforms previously completed by LVMPD and to 
     actively monitor those that resulted from the 2012 report. In 
     September, CNA and the COPS Office published Collaborative 
     Reform Model: Six-Month Status Report of the Las Vegas 
     Metropolitan Police Department. The six-month report showed 
     that LVMPD had made significant progress. A total of 56 
     reforms had been completed by the department and another 15 
     were in progress.
       This report is the final assessment of LVMPD with respect 
     to the Collaborative Reform Model. It has been two years 
     since the beginning of the reform process, and one year since 
     the reforms were recommended. The purpose of this report is 
     to inform all stakeholders and interested parties of the 
     progress made toward reforming LVMPD's policies and practices 
     with respect to OISs.


                                Approach

       CNA undertook a multifaceted approach in assessing LVMPD's 
     progress, including site visits, direct observation, document 
     reviews, and interviews. The assessment process was a 
     holistic, comprehensive approach to assessing LVMPD's reforms 
     that places an emphasis on the quality of the implementation 
     as well as technical completion. The goal of the assessment 
     was for the assessors to fully understand the steps the 
     department had taken toward implementing the reforms, and to 
     collect as much evidence as necessary to confirm that those 
     steps had been completed.
       Over the past year, LVMPD submitted for review more than 
     500 documents and files, including investigative reports, 
     internal bulletins and memoranda, training videos and lesson 
     plans, attendance records, evaluation plans, policies, audio 
     recordings of review board hearings, and section manuals. The 
     assessors critically reviewed these files for relevance and 
     consistency with the recommendations, as well as for clarity 
     and quality of the documents.
       In this report, each recommendation is assigned one of five 
     statuses, defined in Table 1.

               TABLE 1.--RECOMMENDATION STATUS DEFINITIONS
------------------------------------------------------------------------
                  Status                             Definition
------------------------------------------------------------------------
 Complete..........................  The recommendation has been
                                             sufficiently demonstrated
                                             to be complete, based on
                                             the assessors' review of
                                             submitted materials,
                                             observations, and analysis.
P Partially Complete...............  The agency has submitted
                                             materials that they believe
                                             demonstrate completion of
                                             the recommendation.
                                             However, the assessors have
                                             deemed that additional
                                             effort is needed to
                                             complete the
                                             recommendation. As per the
                                             agency, no further work
                                             will be forthcoming on the
                                             recommendation.
 In progress....................  Implementation of the
                                             recommendation is currently
                                             in progress, based on the
                                             assessors' review of
                                             submitted materials,
                                             observations, and analysis.
X Not complete............................  The agency has not
                                             sufficiently demonstrated
                                             implementation of the
                                             recommendation, nor does
                                             the agency have future
                                             plans to do so.
No assessment at this time................  At the present time, not
                                             enough information is
                                             available to make a
                                             determination.
------------------------------------------------------------------------

                             LVMPD Progress

       LVMPD has made impressive progress over the past year. The 
     number of OISs by LVMPD continues to be historically low 
     thanks, in part, to a cascade of events over the past three 
     years that include changes to policy, and increased training, 
     scrutiny, and oversight of OISs by LVMPD. LVMPD's internal 
     review process for deadly force incidents continues to evolve 
     as well. Over the past two years, the Use of Force Review 
     Board (UoFRB) has issued an unprecedented number of findings 
     that are critical of the officers' actions and how they were 
     managed. Consequently, the board has recommended significant 
     remedial action, including training, discipline, one 
     demotion, and the termination of two officers.
       Table 2 shows that, to date, LVMPD has initiated and 
     completed 72 reforms, which account for 90 percent of the 
     totality of reforms that have been initiated and recommended 
     over the past three-plus years. Thirty-nine of the reforms 
     were completed prior to the issuance of the 2012 report, 
     whereas an additional 33 have been completed since. The 
     department has made considerable progress on five reforms, 
     but more work remains. Two reforms remain incomplete. 
     Notably, one of the incomplete reforms is outside of the 
     purview of the department and addresses the Police 
     Protective Association's continued discouragement of 
     officers involved in shootings to give interviews as part 
     of the criminal investigation.

                    TABLE 2.--STATUS OF LVMPD REFORMS
------------------------------------------------------------------------
                                     Recommendations/
              Status                   Reforms (N)        Percent (%)
------------------------------------------------------------------------
 Complete..................                 72                 90
P Partially Complete.......                  0                  0
 In progress............                  5                  6
X Not complete....................                  2                  3
No assessment at this time........                  1                  1
                                   -------------------------------------
    Total.........................                 80                100
------------------------------------------------------------------------

       The department has completed two key policy reforms, 
     regarding its use of force policy. The policy is now divided 
     into smaller sub-components that can stand alone, making them 
     easier to teach and learn for LVMPD officers. LVMPD has also 
     begun an annual review of its policy to ensure that it is up 
     to date with recent court rulings and other major events that 
     can influence the direction in which the department wants to 
     take the policy.
       LVMPD has significantly revamped its training program and 
     is now on the cutting edge of data-driven training. Ten 
     training reforms have been implemented this past year. 
     Together, the reforms enhance training requirements and 
     departmental oversight of training development and delivery 
     through audits. LVMPD officers are now being trained and 
     recertified in essential skill sets more than ever before. 
     There is still room for growth, however, with respect to de-
     escalation training. Although the department does well in 
     training officers to tactically de-escalate a situation, more 
     focus could be given to verbal de-escalation skills for all 
     officers.
       Use of force investigations and documentation in LVMPD has 
     significantly improved. Ten out of 12 recommendations have 
     been completed. The department has made significant changes 
     to its administrative review of OISs. A new section manual 
     dictates the review process and codifies a multi-tiered 
     structure of findings that allows for remediating and 
     disciplining officers when necessary. The process has now 
     been split into two components, which, together, the 
     department calls the Critical Incident Review Process (CIRP). 
     A UoFRB, with a majority of citizen voting members, reviews 
     the use of deadly force, whereas a Tactical Review Board 
     (TRB), without voting citizen members, reviews all tactics 
     and decision making of all officers, then makes 
     recommendations. The process is impressive in many respects 
     but is not without its design flaws. The assessors support 
     the overall objectives, but remain concerned with the 
     potential for conflict between the two boards. The department 
     is actively working to address the conflict.
       With respect to criminal investigations of OISs, the 
     department has recently decided to reconstitute a stand-alone 
     Force Investigation Team (FIT) that specializes in deadly 
     force investigations. The team will be separate from the 
     Robbery and Homicide Bureau. LVMPD plans to ensure that FIT 
     detectives have specialized training on the unique 
     circumstances of OISs. The department, however, declines to 
     video-record officer interviews. On a related note, the 
     police association continues to encourage officers involved 
     in shootings to not give interviews to homicide 
     investigators.
       The department continues its impressive commitment to 
     engage with the community and improve the transparency of OIS 
     investigations. Various new policies have been put into 
     place, which formalize the dissemination of OIS statistics 
     and incident summaries. The department's new communications 
     policy clearly describes the role of the Public Information 
     Officer (PIO) and the sheriff's office in public information 
     sharing with respect to OISs.

         Committee on the Elimination of Racial Discrimination

   Concluding Observations on the Combined Seventh to Ninth Periodic 
                  Reports of United States of America

       1. The Committee considered the seventh to ninth periodic 
     reports of the United States of America, submitted in one 
     document (CERD/C/USA/7-9), at its 2299th and 2300th meetings 
     (CERD/C/SR.2299 and SR.2300), held on 13 and 14 August 2014. 
     At its 2317th meeting, held on 26 August 2014, it

[[Page H7286]]

     adopted the following concluding observations.


                            A. Introduction

       2. The Committee welcomes the combined seventh to ninth 
     periodic reports submitted by the State party, which provides 
     detailed information on the implementation of the previous 
     recommendations of the Committee (CERD/C/USA/CO/6).
       3. The Committee also welcomes the supplementary 
     information provided orally by the large and diverse State 
     party delegation to the issues raised by the Committee during 
     the frank and constructive dialogue between the Committee and 
     the delegation.


                          B. Positive aspects

       4. The Committee notes with appreciation the legislative 
     and policy developments in the State party to combat racial 
     discrimination since its last report, including:
       (a) The termination of the National Security Entry-Exit 
     Registration System in April 2011, as recommended by the 
     Committee in its previous concluding observations (CERD/C/
     USA/CO/6, para. 14);
       (b) The issuance of Executive Order 13583 to require 
     agencies to develop strategies to identify and remove 
     existing barriers to equal employment opportunity in 
     Government recruitment, hiring, promotion, retention, 
     professional development and training, as well as Executive 
     Order 13515 in October 2009 to improve the participation of 
     Asian Americans and Pacific Islanders in federal programmes 
     and employment;
       (c) The increased use of the ``Systemic Initiative'' by the 
     Equal Employment Opportunity Commission to target ``class-
     based recruitment and hiring practices that discriminate 
     against racial and ethnic groups'', resulting in an increased 
     number of systemic lawsuits and financial settlements;
       (d) The adoption of the Fair Sentencing Act in August 2010, 
     which has reduced, although not eliminated, the disparity 
     between more lenient sentences for powder cocaine charges and 
     more severe sentences for crack cocaine charges, which are 
     more frequently brought against members of racial and ethnic 
     minorities;
       (e) The adoption of the Matthew Shepard and James Byrd, Jr. 
     Hate Crimes Prevention Act in October 2009, which inter alia 
     creates a new federal prohibition on hate crimes and 
     simplifies the jurisdictional predicate for prosecuting 
     violent acts undertaken because of actual or perceived race, 
     colour, or national origin; and
       (f) The enactment of the Lilly Ledbetter Fair Pay Act in 
     January 2009, which overrides the Supreme Court decision in 
     Ledbetter v. Goodyear Tire & Rubber Co. and enables the 180-
     day statute of limitations for bringing a wage discrimination 
     claim to be reset with each payment of wages, benefits, or 
     other compensation.


                    C. Concerns and recommendations

         Applicability of the Convention at the national level

       5. While noting the applicability of the disparate impact 
     doctrine in certain fields of life, the Committee remains 
     concerned at its limited scope and applicability. It thus 
     reiterates its previous concern that the definition of racial 
     discrimination used in federal and state legislation, as well 
     as in court practice, is not in line with article 1, 
     paragraph 1 of the Convention, which requires States parties 
     to prohibit and eliminate racial discrimination in all its 
     forms, including practices and legislation that may not be 
     discriminatory in purpose, but are discriminatory in effect 
     (CERD/C/USA/CO/6, para. 10). The Committee expresses further 
     concern at the lack of progress achieved in withdrawing or 
     narrowing the scope of the reservation to article 2 of the 
     Convention and in prohibiting all forms of discriminatory 
     acts perpetrated by private individuals, groups or 
     organizations (CERD/C/USA/CO/6, para. 11) (arts. 1(1), 2 and 
     6).
       The Committee underlines the responsibility of the federal 
     state for the implementation of the Convention, and calls 
     upon the State party to take concrete steps to:
       (a) Prohibit racial discrimination in all its forms in 
     federal and state legislation, including indirect 
     discrimination, covering all fields of law and public life, 
     in accordance with article 1, paragraph 1 of the Convention; 
     and
       (b) Consider withdrawing or narrowing its reservation to 
     article 2 of the Convention, and broaden the protection 
     afforded by law against all discriminatory acts perpetrated 
     by private individuals, groups or organizations; and
       (c) Improve the system of monitoring and response by 
     federal bodies to prevent and challenge situations of racial 
     discrimination.


                   National human rights institution

       6. While taking note of the creation of the Equality 
     Working Group, the Committee reiterates its concern at the 
     lack of an institutionalized coordinating mechanism with 
     capacities to ensure the effective implementation of the 
     Convention at the federal, state and local levels (CERD/C/
     USA/CO/6, para. 13). Noting the role that an independent 
     national human rights institution can play in this regard, 
     the Committee expresses regret at the lack of progress in 
     establishing a national human rights institution as 
     recommended in its previous concluding observations (CERD/
     C/USA/CO/6, para. 12) (art. 2).
       The Committee recommends that the State party create a 
     permanent and effective coordinating mechanism, such as a 
     national human rights institution established in accordance 
     with the principles relating to the status of national 
     institutions (the `` Paris Principles'', General Assembly 
     resolution 48/134, Annex), to ensure the effective 
     implementation of the Convention throughout the State party 
     and territories under its effective control; monitor 
     compliance of domestic laws and policies with the provisions 
     of the Convention; and systematically carry out anti-
     discrimination training and awareness-raising activities at 
     the federal, state and local levels.


                            Special measures

       7. Taking note of the Supreme Court decision of April 2014 
     in Schuette v. Coalition to Defend Affirmative Action and the 
     measures adopted by several states against the use of 
     affirmative action in school admissions, the Committee 
     expresses concern at the increasing restrictions on the use 
     of special measures as a tool to eliminate persistent 
     disparities in the enjoyment of human fights and fundamental 
     freedoms based on race or ethnic origin (art. 2(2)).
       The Committee reiterates its previous recommendation to 
     adopt and strengthen the use of special measures, which is an 
     obligation arising from article 2, paragraph 2 of the 
     Convention, when circumstances warrant their use as a tool to 
     eliminate the persistent disparities in the enjoyment of 
     human rights and fundamental freedoms based on race or ethnic 
     origin. In this regard, it recommends that the State party 
     take into account the Committee's general recommendation 
     No.32 (2009) on the meaning and scope of special measures in 
     the International Convention on the Elimination of All Forms 
     Racial Discrimination.


               Racial profiling and illegal surveillance

       8. While welcoming the acknowledgement made by the State 
     party that racial or ethnic profiling is not effective law 
     enforcement practice and is inconsistent with its commitment 
     to fairness in the justice system, the Committee remains 
     concerned at the practice of racial profiling of racial or 
     ethnic minorities by law enforcement officials, including the 
     Federal Bureau of Investigation (FBI), Transportation 
     Security Administration, border enforcement officials, and 
     local police (arts.2, 4(c) and 5(b)).
       Recalling its general recommendation No. 31 (2001) on the 
     prevention of racial discrimination in the administration and 
     functioning of the criminal justice system, the Committee 
     urges the State party to intensify efforts to effectively 
     combat and end the practice of racial profiling by federal, 
     state and local law enforcement officials, including by:
       (a) Adopting and implementing legislation which 
     specifically prohibits law enforcement officials from 
     engaging in racial profiling, such as the End Racial 
     Profiling Act;
       (b) Swiftly revising policies insofar as they permit racial 
     profiling, illegal surveillance, monitoring and intelligence 
     gathering, including the 2003 Guidance Regarding the Use of 
     Race by Federal Law Enforcement Agencies;
       (c) Ending immigration enforcement programmes and policies, 
     which indirectly promote racial profiling, such as the Secure 
     Communities programme and the 287(g) programme; and

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to 
discuss the implications of the crime committed against the late 
Michael Brown on August 9th, 2014 and the subsequent riots in Ferguson. 
It has been 59 years since the murder and kidnapping of Emmett Till, 
and in 2014, the cycle of mistreatment continues. What happened in 
Ferguson, Missouri was a tragedy. It is yet another reminder 
underlining the mistreatment of communities of color in the United 
States. The pain and discontent we all feel toward the Ferguson Police 
Department is valid, but we cannot express our anger without taking a 
formal stance against the militarization of law enforcement.
  As Members of Congress who represent communities of color, the 
purpose of today's special order is to highlight community policing and 
lessons learned from Ferguson. Although, economic and social parity 
remain a constant issue in our communities, our focus now shifts to 
improper policing and blatant violations of civil rights. We are all 
citizens of this great nation, but we are also citizens of communities 
in crisis.
  As a United States Congresswoman for over 20 years, I have fought to 
procure racial equity here in the United States. Though headway has 
been made, all of this work falls by the wayside when travesties like 
those seen in Ferguson continue to occur. Mr. Speaker, this is much 
more than a question of racial equality. It is a question of ``what can 
be done today to safeguard human rights and the protection of human 
life in the future.''
  In the 1960's, the world watched in horror as civil rights 
demonstrators in Selma, Alabama faced local police officers armed with 
fire hoses and attack dogs. In 2014, the citizens of Ferguson faced 
local police officers armed with automatic weapons, sniper assault 
weapons and armored tanks provided by the Department of Defense. It is 
unconscionable that the local police could use military tactics and 
armaments against citizens exercising their right to peaceably 
assemble.
  The Department of Justice has had the legal authority to investigate 
whether a law enforcement organization is engaging in a ``pattern of

[[Page H7287]]

practice'' in civil rights violations, since 1994. However, despite 
dozens of allegations filed against law enforcement in the city of 
Ferguson, nothing has been done to address the use of excessive police 
force. As a result, heinous crimes like those seen in the cases of 
Michael Brown have become our reality.
  For this reason, as we stand united against the crimes committed in 
Ferguson, we must also focus our efforts on ensuring that local police 
departments are not authorized to wage war against communities of 
color. We must put an end to the federal grants that encourage local 
police forces to create war zones within our communities. The lesson 
learned from Ferguson is clear. We must stand against the 
militarization of law enforcement and improper community policing.

                          ____________________