[Congressional Record Volume 169, Number 84 (Thursday, May 18, 2023)]
[Senate]
[Page S1738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMPREHENSIVE POLICING AND JUSTICE AMENDMENT ACT
Ms. KLOBUCHAR. Mr. President, I rise today as the Senate considers
this week the resolution to rescind the Comprehensive Policing and
Justice Amendment Act, passed by the DC City Council on January 19,
2023.
As a general matter, I believe that the people of Washington, DC, and
their elected representatives should have the autonomy to govern
themselves. For years, I have cosponsored and fought to pass the
Washington D.C. Admission Act, which would admit the District of
Columbia as a state.
I have also long supported funding for the police, as well as
reforms, to help ensure that our justice system works for everyone.
That includes being the lead sponsor of the COPS Reauthorization Act to
provide Federal funding to law enforcement departments across the
country to hire and retain police officers. I also support police
reform measures focused on holding officers who break the law
accountable for misconduct, increasing transparency in police
practices, and improving police conduct and training.
The DC City Council's bill included many changes to strengthen
accountability measures and improve conduct, including reforms to
prevent the use of chokeholds, limit the use of force, and expand the
use of de-escalation tactics. The bill also takes steps to prevent
officers who have committed serious acts of misconduct or were fired
for disciplinary reasons from serving on the DC police force. I support
these efforts, which is why I oppose the resolution.
It is also important to note that the Comprehensive Policing and
Justice Amendment Act does not include changes to qualified immunity.
As Congressman Jim Clyburn has said, as we work toward common ground
on police reform, we cannot ``sacrifice good on the altar of perfect''
and let disagreements about qualified immunity stand in the way of
reform. The men and women in law enforcement who risk their lives every
single day must have the confidence to make split-second decisions that
can make the difference between life and death. I would not support
this measure if changes to qualified immunity were made that put law
enforcement officers who act in good faith at risk.
While there are a significant number of critical reforms included in
DC's police reform bill, I am not in agreement with the provisions that
prevent the unions that represent DC police officers from including
disciplinary procedures in their collective bargaining agreements. All
other unions that represent public servants in the District of Columbia
negotiate for fair disciplinary proceedings, and while police officers
serve a unique role that requires oversight, we should not deny police
unions the same opportunity. The DC Council should ensure that police
officers who break the law are held accountable, but it should not do
so by undermining the right of law enforcement to collectively
negotiate.
I also think changes could be made to provisions that set a fixed
timetable for the release of data related to incidents involving the
use of force. Law enforcement, working with City officials, should have
some measure of flexibility to determine the appropriate timing for
releasing information to protect public safety.
It is my hope that DC government officials will address these issues
as they continue to work with law enforcement and other interested
parties to make needed reforms to their justice system.
____________________