[Congressional Record Volume 170, Number 88 (Tuesday, May 21, 2024)]
[House]
[Pages H3393-H3395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMEMBERING GEORGE FLOYD
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 9, 2023, the gentleman from Illinois (Mr. Jackson) is
recognized for 60 minutes as the designee of the minority leader.
General Leave
Mr. JACKSON of Illinois. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the subject of the
Special Order hour.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. JACKSON of Illinois. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, it is now my privilege to address you.
In the play ``Julius Caesar,'' Mark Antony proclaims: ``What cause
withholds you then to mourn for him?''
I rise tonight because this is our question today. By what measure
and according to what standard might we allow this week to slip between
our fingers and not remember what happened on a street in Minneapolis
on May 25? What in all creation would justify our forgetting a
collective unconsciousness?
We are summoned into this Chamber tonight because George Floyd should
be alive today. He should be enjoying the matriculation of his daughter
from one grade to the next. He should be living out his days under the
protections afforded to every American citizen, such as the presumption
of innocence, equal protection under the law, and all the Eighth
Amendment rights against cruel and unusual punishment.
{time} 1945
Tragically, none of what ought to be is true in the case of Mr.
George Floyd. George Floyd is not alive, George Floyd was not
protected, and George Floyd was not a victim of just bigotry and
neglect. He was killed by the very institution employed to ensure his
safety.
This is what happens when people don't see you as being someone and
something worthy of protection. This is what happens when you are
viewed as a threat and Blackness is seen as a problem and not as a gift
to the world. Indeed, what happened to Mr. George Floyd over a $20
alleged bill--they said there was a $20 bill that was counterfeited--
that had the assistance of five officers dressed in uniform, in broad
daylight, to suffocate him. No one would ever know what happened to the
alleged $20 fraudulent bill.
What happened to George Floyd is a predictable outcome when the
country you live in would rather build prisons than reimagine schools,
would rather blame poverty on the poor but never question the gluttony
of the rich, and would rather ignore the persistent evil of racism as
if the record of our inability to honor each other's humanity had not
already resulted in tragedy and death.
The beaches of American history are cluttered with the bleached bones
of the innocent, needlessly slaughtered on the battlefield of this
Nation's preoccupation with subjugation and hatred. I remind Members
that Mr. George Floyd died in the new millennium. This isn't some type
of tragedy I am talking about from a century ago. This was the new
millennium, and George Floyd deserves to be alive today.
What happened to Mr. George Floyd is the rhyme that makes history, it
makes whatever we fail to be honest about: racism, militarism, and,
indeed, a destructive system.
We have gathered here today to answer Mark Antony's question. There
is no cause, and there are no foreseeable circumstances that would
compel us to forget what happened to Mr. George Floyd.
George Floyd was murdered by a police officer who refused to see the
humanity of the helpless, who refused to see the humanity of a
handcuffed man, who refused to see a man gasping for his last breath
with a knee wedged on his back while suffocating him and imperiled. I
say to Members: Anyone born of a woman should have been able to
identify with the pleading of George Floyd not to lose his life.
Mr. Floyd asked for his mother as he gasped his last breath. One does
not need a graduate degree in ethics, morality, or philosophy to have
been moved by the elegy of George Floyd. Not only does this event say
something about the totalitarian impulses of policing in America, but
it also says something about the kind of Nation we have allowed
ourselves to become.
We have also allowed certain political influences to compel us to see
each other as enemies and not merely as adversaries. We have allowed
resentment to determine how we respond to one another and not what is
required of us if we are to survive.
This week also presents us with a golden opportunity that we cannot
ignore. The painful anniversary of the murder of George Floyd presents
us with a chance to not only recommit ourselves to the eradication of
racism and police-sponsored violence in America, but it also reminds us
that there is a piece of legislation pending in the Senate that needs
to be passed right away.
The George Floyd Justice in Policing Act deserves to be taken under
consideration by every United States Senator immediately because not
reforming how Black people are policed in this country will render the
murder of George Floyd a tragedy, but nothing more. I say to my
colleagues today: Why settle for a tragedy when we can pass the George
Floyd Justice in Policing Act and we can make a new beginning. We have
it within our power to make sure that what happened on May 25, 2020,
just 4 years ago, never happens again.
We have it within our reach to lift America from the fatigue of
despair to the buoyancy of hope. Every Member of the United States
Senate has a moral obligation to reconsider and, indeed, pass the
George Floyd Justice in Policing Act and not hide behind the politics
of our respective parties.
The question before us is a simple one: Do my colleagues want our
beloved and great country to be a place that is safe and fit for our
children to forge a future without fear and the prospect of
indiscriminate hate and violence?
If the answer is yes, then let us work toward getting together to
ensure that we will never again be driven into this Chamber to remember
the death of innocence.
If the answer is yes, then let us choose a more excellent way.
If the answer is yes, then let us not be weary in well doing, for in
due season we will reap what we have sown if we faint not.
Mr. Speaker, it is so important that, today, we remember those from
Central Park, the innocent young men who were tortured into a false
confession. They received no mercy 35 years ago. They received no
recognition by a former President 35 years later. Those young men had
their lives turned upside down when they were accused of a hateful,
vengeful attack and rape--indeed, it was done by a person who had been
convicted of such. Yet, this man asked for these men to be given the
death penalty, and these were teenagers who had been found innocent.
Mr. Speaker, I yield to the gentlewoman from Michigan (Ms. Tlaib).
Ms. TLAIB. Mr. Speaker, I thank the gentleman, my wonderful colleague
from Illinois, who continues to speak truth to power, especially around
police violence.
Mr. Speaker, George Floyd's life mattered. We all know and keep
chanting, Black lives matter, but we have to show it in action.
Today, I am thinking of George Floyd's daughter, Gianna, who will
grow up without him. I can still hear George Floyd crying out for his
mama, yelling: ``I can't breathe,'' more than 20 times while he was
murdered by police, pleading for his life for 9 minutes and 29 seconds.
His murder and the countless others in the hands of police sparked
outrage, mobilization, and movements for change.
I saw with my own eyes, right here on this House floor, watching
Republicans and Democrats come together and passing the George Floyd
Justice in Policing Act while it went to the Senate to die.
His murder and the countless others in the hands of police require us
all to
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understand the truth about what is going on in our neighborhoods and
our communities. We demand that this body take immediate action to
dismantle systemic racism in our country and systems designed to
oppress Black and Brown lives in every corner of our country. It is not
enough, Mr. Speaker, to honor George Floyd's life with words. We must
honor his life with action.
The George Floyd Justice in Policing Act has still not been signed
into law 4 years later. Last year was the deadliest year of police
violence on record. That should shock us all.
Just this month, Mr. Speaker, Roger Fortson, a Black senior airman,
was shot six times by police and killed at his home in Florida. This is
his family. Just watching his mother kneel down at his open casket,
that should be enough for us to act.
How many more mothers have to experience the loss of their child?
When will Congress finally act?
We must ensure true accountability, justice, and reparations for the
generations of harm that policing in our Nation has inflicted on our
Black neighbors.
This is the justice they deserve: George Floyd, Breonna Taylor, Roger
Fortson, and so many others who have lost their lives to police
violence. That is the least they deserve. This is justice for our
communities, and they deserve to be fully seen, heard, and protected.
I will continue, along with my good colleague from Illinois, to
continue to push for the passage of the George Floyd Justice in
Policing Act.
I know, in Detroit, where I grew up, the most beautiful, Blackest
city in the country, for all those who continue to demand justice in
our communities, know this: The President of the United States didn't
wake up one day and say the Civil Rights Act was a good thing. People
marched, did sit-ins, and did boycotts until they moved this
institution and the White House. We will continue to march. We will
continue to demand that Black lives matter in our country.
Again, with my good colleague, we will continue to demand that the
George Floyd Justice in Policing Act pass this Chamber, through the
Senate, and to the President's desk.
Mr. Speaker, I thank my good colleague from Illinois for yielding to
me.
Mr. JACKSON of Illinois. Mr. Speaker, I thank the Honorable
Congresswoman from the great State of Michigan (Ms. Tlaib) for her
outspokenness.
Mr. Speaker, we have heard from my distinguished colleagues today
about policing in our communities and about the loss of innocence, all
issues of great importance to the Congressional Black Caucus, our
constituents, Congress, and all Americans tonight.
Mr. Speaker, I yield back the balance of my time.
Ms. KELLY of Illinois. Mr. Speaker, this week marks a somber
anniversary in our Nation's history. Four years ago, our Nation watched
in outrage, as yet another Black man was brutally killed by a police
officer who betrayed his oath of service to his community.
George Floyd's murder sparked an ongoing national conversation that
shone a bright light on the racism that exists in every corner of our
society. As a Nation, we have a moral imperative to root out these
injustices and build a better society.
In memory of George Floyd, I urge my colleagues to pass the George
Floyd Justice in Policing Act, which will deliver meaningful reform for
our communities, hold rogue officers accountable, and save lives.
Congress' inaction is unacceptable when we all recognize there is a
problem and there are concrete steps we can be taking to save lives. I
urge the passage of the George Floyd Justice in Policing Act and thank
Rep. Sheila Jackson Lee and the Congressional Black Caucus for their
leadership to make our communities safer.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committee on
the Judiciary, and Ranking Member of the Subcommittee on Crime and
Federal Government Surveillance, I want to thank my colleagues for
hosting this Congressional Black Caucus Special Order to discuss the
families of police violence, their experiences, and the CBC's
commitment to enhancing public safety in this nation.
The horrifying killing of George Floyd on May 25, 2020, by a
Minneapolis police officer shocked and awakened the moral consciousness
of the nation.
The world witnessed the brutal and traumatizing nine minutes where
George Floyd begged for his life--uttering his last words ``I can't
breathe''--as an officer, ignoring the pleas of George and all those
witnessing his death, refused to lift his knee off the neck of George
suffocating him and ending his life.
``I can't breathe'' continues to echo around the world alongside our
cries for justice, change, and protection from and under the law.
We are horrified by the continued massacre of Black bodies in this
country for merely existing.
Our homes, our cars, and our neighborhoods continue to be invaded
with violence at the hands of racist ideologies that breed fear into
our institutions and threaten our lives.
There have been countless murders of Black Americans by the state.
Just last week, Roger Fortson, a 23-year-old Black U.S. airman was
shot and killed in his own home by a Florida deputy.
This vicious cycle must end.
There are countless young Black men and women who have had their
lives tragically cut short by law enforcement officers who took their
lives in their hands.
This year also marks one year since Tyre Nichols was brutally beaten
by five Memphis police officers to the point of being unrecognizable.
The nation was shocked but not surprised by his murder, comparing it
to the police beating of Rodney King in Los Angeles 32 years prior.
And of course, this isn't a new phenomenon of racist abuses of power.
Indeed, the history goes back much further, past Amadou Diallo in New
York City, past the Central Park Five, past Emmitt Till, past the
racist abuse of law enforcement power during the struggle for civil
rights and equal treatment.
But we also must remember that are countless lives and stories that
did not make headlines. Stories of victims who never received justice
and family members who never received closure.
Just this year alone, police have killed 93 Black people in the
U.S.--93 in less than 5 months.
These are not isolated killings, as they are occurring all across the
United States, in 28 states documented this year by Mapping Police
Violence.
According to a recent ABC poll, 39 percent of Americans are confident
that the police in this country are adequately trained to avoid the use
of excessive force.
For the first time in the nine-year history of this question, just
under half of white Americans say they are confident about police
avoiding excessive force or racial bias. About two-thirds of Hispanic
Americans lack confidence in police on both excessive force and racial
bias.
Americans are 41 percent confident in police treating Black and white
people equally.
Despite an uptick in legislation and police reform since June 2020,
there has been a steady increase in police killings.
In 2020, 1,152 people were killed at the hands of the police, in a
year where much of the population was stuck at home during a pandemic.
In 2021, police killed 1,145 people.
In 2022, murders by the U.S. police force reached a record high. At
least 1,176 people were killed, an average of 3 murders per day, making
2022 one of the deadliest years on record.
The murders are never ending.
Bianca Austin, Breonna Taylor's aunt said that ``there was a movement
and uproar across the globe, and we're still having more killings? What
are we doing wrong? It's so disheartening''.
It is so true. It seems like the United States is sliding backwards.
We had a grandiose movement, where people from all over came together
to say this is wrong, yet it does not seem like we have progressed.
How can we make America better for Black men and women? For American
Natives? For the LGBT community? For immigrants? For each other?
We are all deserving of better, but we must work together to do
better.
The death of Tyre Nichols and Roger Fortson has created serious
urgency for the re-introduction of the George Floyd Justice in Policing
Act. The legislation was the product of intense bipartisan negotiations
with civil rights advocates, law enforcement stakeholders and the
Department of Justice.
The legislation is truly an omnibus product and reflects
contributions from across the Congressional Black Caucus, including
bills like the PRIDE Act; the PEACE Act; the End Racial Profiling Act;
and the Eric Garner Excessive Use of Force Prevention Act.
The House has twice passed the George Floyd Act, with the support of
219 Democrats in 117th Congress. It is critical that we introduce the
legislation with overwhelming support this Congress. Last Congress, the
bill gained 199 cosponsors.
Last Congress the Senate failed to introduce the George Floyd Act,
largely because Senate Republicans failed to engage in good faith
negotiations. The current high watermark for Senate cosponsorship is 37
Democrats in
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the 116th Congress. It is important that Senate Democrats timely
introduce the George Floyd bill with significant cosponsorship and not
repeat efforts that stymied action on the legislation.
Two years after the murder of George Floyd, in May 2022, the Biden
administration released a police reform executive order. Key reforms in
President Joe Biden's executive order include:
Improving data collection. All federal law enforcement agencies will
contribute to a National Law Enforcement Accountability Database
regarding instances of police misconduct as well as submit information
to the FBI related to use-of-force incidents. The U.S. attorney general
will review the status of and compliance with federal reporting
requirements. This also includes the issuance of guidance to state,
local, and tribal law enforcement agencies on best practices for
contributing their data to federal systems.
Revising use-of-force standards. All federal law enforcement agencies
will revise their use-of-force policies to ensure they meet or exceed
the standards included in the recently revised policy for the
Department of Justice. The Department of Justice's policy provides that
use of force is permitted only when ``no reasonably effective, safe,
and feasible alternative appears to exist.'' All federal law
enforcement use-of-force policies will also include de-escalation
provisions as well as an affirmative duty to intervene to stop
excessive use of force and render medical aid.
Limiting the use of no-knock entries. Building upon the U.S.
Department of Justice's September 2021 policy, all federal law
enforcement agencies will be prohibited from the use of no-knock
entries unless an agent has reasonable grounds to believe that knocking
and announcing the agent's presence would create an imminent threat of
physical violence to the officer and/or another person.
Limiting the militarization of law enforcement. Federal agencies are
restricted from transferring and selling additional types of military
equipment to state, local, and tribal law enforcement agencies,
expanding the Obama-era restriction on this practice.
Credentialing of police agencies. The attorney general will develop
and implement a process by which state, local, and tribal law
enforcement agencies will seek accreditation by an independent entity.
Leveraging federal grants. Federal discretionary grants will be
awarded to state, local, and tribal governments to encourage compliance
with the executive order. This will include an assessment of what
discretionary grants will be limited to the law enforcement agencies
that achieve accreditation.
Improving crisis response to include alternatives. Guidance will be
issued and resources identified to support state, local, tribal, and
territorial officials as they implement a range of alternative first-
responder models to meet the needs of people experiencing a behavioral
or mental health crises or persons who have disabilities. This includes
civilian community responder models being developed in jurisdictions
across the country that do not include police officers.
The executive order also contains important provisions that improve
investigations into deaths in police custody; strengthen the
effectiveness of pattern-of-practice investigations; ban choke holds
and carotid restraints except in certain circumstances where use of
deadly force is authorized; enhance recruitment, training, and
retention practices; ensure the use of body-worn cameras by federal law
enforcement officers; and advance key criminal justice reform and
reentry measures.
Advocated have also urged that Congress do its part by passing
comprehensive police reform legislation that creates meaningful
accountability and restores trust between police and the communities
they serve by eliminating qualified immunity and strengthening civil
rights protections.
Legislative reforms will follow the pattern of the George Floyd
Justice in Poling Act: amending 18 U.S.C. Section 242, which defines
the circumstance when a government official can be criminally
responsible for violating someone's civil rights. (Section 242 does not
specifically define prohibited conduct and has historically been
interpreted too narrowly, failing to hold police officers accountable
for a wide range of misconduct.)
Legislative action is also needed to reform/eliminate the judicial
doctrine of qualified immunity that drastically reduces the legal
liability of police officers. Qualified immunity limits the
circumstances in which an individual can sue a police officer for
violating their civil rights only to situations where the behavior
violates ``clearly established law.'' This strict legal standard
curtails accountability in policing to such a degree that officers face
few repercussions--even when their conduct violates the Constitution.
While it is broadly recognized within the police reform movement that
changes to the doctrine of qualified immunity and Section 242 are
needed, Congress will need to pass legislation for these changes to
become law.
As I have stated many times, direct action is vitally important but
to be effective it must be accompanied by political, legislative, and
governmental action, which is necessary because the strength and
foundation of democratic government rests upon the consent and
confidence of the governed.
Effective enforcement of the law and administration of justice
requires the confidence of the community that the law will be enforced
impartially and that all persons are treated equally without regard to
race or ethnicity or religion or national origin.
As the great jurist Judge Learned Hand said: ``If we are to keep our
democracy, there must be one commandment: thou shalt not ration
justice.''
Equal justice is the proud promise America makes to all persons; the
George Floyd Justice in Policing Act will help make that promise a
lived reality for African Americans, who have not ever known it to be
true in the area of community-police relations.
And when Black Lives Matter, then and only then can it truthfully be
said that all lives matter.
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