February 23, 1999 CONGRESSIONAL RECORD — HOUSE H697 much too fast, and there is so much There was no objection. Abner Louima, in a precinct adjacent more we could say to honor and extend f to my district in , was sod- our great respect to BOB LIVINGSTON as omized with a broomstick last summer PATTERN OF BRUTALITY AND he terminates his many years of serv- during the mayoral election that took KILLINGS IN CITY ice to the State of Louisiana. place. And Abner Louima, the four po- LINKED WITH EDUCATION I just want to add one personal licemen on trial for that still have not thought. BOB and I have been friends The SPEAKER pro tempore. Under been tried. That was another incident. for a long time. We contested each the Speaker’s announced policy of Jan- I have lived in now other politically. We have been on dif- uary 6, 1999, the gentleman from New for more than 35 years, and I have been ferent sides of the fence occasionally. York (Mr. OWENS) is recognized for 60 an activist for most of that time, so I At the end of the day, we have always minutes. can recite easily a long list of other been friends. And that has been the Mr. OWENS. Mr. Speaker, I would people who have suffered from police hallmark of his career. He leaves so like to add my voice of praise and con- brutality and police killings. The many friends here. gratulations to the retiring chairman killings stand out. And every time one BOB, Louisiana will miss you. Louisi- of the Committee on Appropriations in of them took place, I always said we ana will miss your service. Louisiana one respect that I think people keep cannot get much worse than this. will miss your caring, concern for her, forgetting, and it ought to be an impor- When Clifford Glover was gunned for all of her people. And my colleagues tant footnote in the history books. down in Queens, a 12-year-old boy who in Louisiana and across this body will That is that the biggest appropriation was fleeing from the police and was miss you for the good man that you in the last few decades for education, shot in the back, I said, how horrible. are. the biggest appropriation, was the ap- It cannot get much worse than that. Mr. Speaker, with great thanks and propriation in 1996 that came out of the But many others have taken place appreciation to the gentleman from Committee on Appropriations. Edu- since Clifford Glover was killed. Louisiana (BOB LIVINGSTON), who I will cation got a $4 billion increase under Claude Reese, Randolph Evans, who now replace as dean of the Louisiana the leadership of Chairman LIVING- was shot at point-blank by a policeman delegation, I yield back the balance of STON, $4 billion. who put a gun to his head in a crowd my time. We had gone for 2 years with propos- and shot him; and there was no expla- als coming from the majority party Mr. FRELINGHUYSEN. Mr. Speaker, I rise nation that the policeman could give, that we decrease education and that we today to pay tribute to my friend and the Rep- so he finally was acquitted on the basis cut education. And the miracle of that resentative of the good people of Louisiana's of psychomotor epilepsy. They brought fall and the miracle of the sessions of First District, BOB LIVINGSTON. a psychiatrist to court, an expert who the Committee on Appropriations pro- BOB LIVINGSTON is a man of courage and we have never seen or heard from since, duced a $4 billion increase in edu- honor. In every aspect of his career in Con- who described the condition of the po- cation. And I want to congratulate Mr. gress, he has made clear his enduring love liceman as pyschomotor epilepsy. So LIVINGSTON, the chairman of the Com- and respect for the institution of the House of that policeman was acquitted. I said, mittee on Appropriations, for that; and Representatives in which he has served for 22 oh, you cannot get much worse than history should note that. years. I am very concerned about education. that. At a time when our nation was calling out And I have been on the Committee on Then we had Eleanor Bumpers in the for leadership, BOB LIVINGSTON reminded us Education and the Workforce now, this Bronx, who was a grandmother in her all that the institutions of our democracy are is my 17th year. I really wanted to sixties, in her own living room who was stronger than any one person. make my speech tonight a speech shotgunned down by a policeman, a po- I have witnessed firsthand the strength and about the importance of the education lice sergeant, who said that he was fairness with which BOB LIVINGSTON led the agenda, particularly the item of school frightened for his life because he came Appropriations Committee and how he dem- construction. into her living room and, not knowing onstrated exceptionally well the leadership I wanted to confine my remarks who he was, she lunged at him. She was necessary to bring people of divergent ideas originally only to that subject. How- shot down in cold blood. And not only and talents together. I can say proudly, too, ever, I must say that a matter of grave was that sergeant exonerated, he was that as New Jersey's only Member of Con- concern to me forces me to broaden my later promoted. And on and on it goes. gress to serve on the Appropriations Commit- discussion, and for days now I have In my district, several years ago a tee, Chairman LIVINGSTON was receptive to the been very disturbed about events tak- young man was killed. Twenty-one needs of New Jerseyans and supportive of my ing place in my home city of New shots were fired from the police at a work in Committee on important state prior- York. young man in a car. They noted that ities. I represent the 11th Congressional the car was stolen, and they identified It is, of course, legend now, that day he District of New York State, which is it. And they said he went for a gun, but came to take over the Committee wielding a part of New York City. The 11th Con- no gun was ever found. But he was shot ``Louisiana fileting knife.'' And with a surgeon's gressional District is in New York 21 times. And we could not even get the precision, he led us to make cuts that put our City. And although it did not happen in photographs of the policeman who did budget in balance for the first time since 1969. my district, there was an incident that released. Under his leadership in the 104th Congress, where the New York City Police De- So there has been one incident after our Committee reduced government spending partment, a street unit, fired 41 shots another and people have been crying, by over $50 billion, and we continued this at a young man; and a large number as they always have the right to cry, trend in the last Congress, too. This will be hit him, of course; and he was killed. about public officials not providing BOB's legacy, and I am proud to have had the We do not use the word ‘‘killed.’’ He proper leadership. Where should we opportunity to be a part of it. was murdered. leave them in this situation? BOB, you will be missed. Thank you for your Because there was no real reason why The demonstrations are taking place courtesy, and your friendship. I wish you and a man standing in a doorway, innocent, in New York. Yesterday, there was a Bonnie continued success for the future. no record, no violent crime had been demonstration near city hall. It was GENERAL LEAVE committed in that immediate vicinity one of about five demonstrations that Mr. TAUZIN. Mr. Speaker, I ask during that particular period, and sud- have taken place since this incident oc- unanimous consent that all Members denly an innocent man, who happened curred on February 4. Eight protesters may have 5 legislative days within to be an immigrant from Guinea, was were arrested near city hall in Manhat- which to revise and extend their re- killed in cold blood. tan yesterday when they chained them- marks and include extraneous material Of course, if this stood by itself as selves together to block traffic on on my special order. one lone incident where four policemen lower Broadway. And on and on it goes. The SPEAKER pro tempore (Mr. emptied their guns on an African in Several churches had special prayer HAYES). Is there objection to the re- New York City it would not have marches last Sunday. On and on it quest of the gentleman from Louisi- caused the furor that it caused. But goes, and it is appropriate that people ana? there were other incidents recently. should be very upset. H698 CONGRESSIONAL RECORD — HOUSE February 23, 1999 And it occurred to me that there is a was as young as 23, the policeman. to come to the floor of Congress and link between the problem we have in That pattern goes on and on, and the talk about the subject that I am going New York City with education and establishment, the power structure, to primarily talk about tonight, the school construction and the problem will not cooperate with the leadership need for Federal aid for school con- we see now manifested in the way the from the minority communities to give struction, because our State and our police brutalize the minorities and the any kind of ground in terms of meeting city, even with the resources, is doing pattern of brutality and pattern of demands that are reasonable: the ap- so little, is dedicating such a small per- killings. pointment of a special prosecutor, the centage of those resources to deal with One of the facts in the pattern of bru- residency law, the end of the 48-hour school construction. Why? They do not tality and the pattern of killings is rule, the establishment of a civilian re- care. There is a moral issue. There is a that these accidents that the police view complaint process that is not determination made to destroy a cer- claim misjudgment or reasonable reac- tainted by the police commissioner tain segment of the population. The tions and responses, these accidents having the last word. All these basic, basic human rights of a certain seg- never happen in white neighborhoods. reasonable demands have not been met. ment of New York City’s population There have been no accidental killings, On the other hand, if we look at edu- are being violated. There is a process there have been no atrocious incidents cation, we have made some basic, rea- which is very different from the way where guns were emptied on white sonable demands over the years that the Serbs violated the human rights of young men or women. There have been also have not been met. Some atro- the Albanians in Kosovo. In Kosovo no grandmothers in the white commu- cious things are happening in edu- you have violence, you have bullets, nity ever murdered in their living cation. There is a pattern of tyranny you have blood. It is kind of obvious. rooms by police. here, a virus into the democracy of But also in Kosovo they complain The pattern is clearly the evidence New York City and New York State. about the fact that the school system that it only happens in minority neigh- There is a virus of tyranny and a virus for the ethnic Albanians in Kosovo, run borhoods. Yes, some have been His- of oppression which is reflected in by the Serbs, the school systems were panic, some of the victims. Some have some atrocious acts that are being not teaching the children properly, the been Asian recently. Because we have a committed across the board whether basic problem of language they would new immigrant population, powerless you are talking about welfare policies not teach but there are things they Asians. One small kid who had a toy and recently the Federal Government complained that they had inferior gun was shot down by a policeman and criticizing New York City and putting schools. I remember reading at the killed. On and on it goes. it under a special court order for the time when the conflict between Arme- The pattern is clear. Something is way its welfare policies are being han- nia and Azerbaijan had a lot of visi- wrong racially in terms of the actions dled, the way people are being proc- bility in the world that one of the big and reactions of the New York City Po- essed or whether you are talking about things about an enclave of Armenians lice Department. and health care. The city hos- that were in Azerbaijan was that the I have been involved for a long time, pitals, the Hilton hospitals corporation school system was deliberately ne- and I can give my colleagues the long that has existed for several decades, glectful of the needs of the Armenian list of demands that we made 20 years the present administration of the city children. ago. Those same demands are being is trying to sell the hospitals, privatize So the school system’s neglect of a made now. And yet nothing changes. them. It gets so ridiculous until in my particular population is not by acci- They sit as a permanent government of district recently the laundry that serv- dent. The people in power who make New York, the newspapers, the New ices the city hospitals in Brooklyn has the decisions, the people in power who York Times and the media, and they been ordered closed and they are going have the money, even if they have a $2 all control public opinion, and they do to contract with a laundry across the billion surplus, if they do not care not want to see something happen that river in New Jersey because, by the about what happens to a certain seg- does not happen. pound, they can provide the service for ment of the children who go to the So I assume that reform of the police a few pennies cheaper to launder the schools, they will not use those re- department, which is basic, the estab- linen and the sheets and the various sources. So it is more than just money. lishment of a civilian review board, a things that relate to the hospitals. The It is a moral issue. We would like to number of things that we asked for, the pattern is to try to sell the hospitals, if have some aid from the Federal Gov- appointment of a special prosecutor to not sell them, destroy them. And then ernment and I am going to talk about deal with and police in education, the pattern has been to the need and the duty of the Federal killings so that the district attorney refuse to deal with obvious problems Government to provide aid but we cer- who has to work with police all the related to education infrastructure. tainly are not doing enough in New time is not in a position to prosecute School construction is no longer an York City or New York State with police. There is an intimidation factor education issue in New York, and prob- what we have. Why? Because there is a which is obvious. The ending of the 48- ably in large parts of the country it is virus of tyranny, a virus of oppression hour rule, where policemen cannot the same situation. It is a moral issue. that has contaminated our democratic even be interviewed about an incident It is a moral issue. It is not a financial process in New York City. There is a like this until 48 hours has elapsed. The movement of New York City into issue in New York. It is a moral issue. small group that has managed to take School construction reflects the the same category as the other cities power and they have determined that same pattern, the same mind-set of the in the State where New York City has they are going to drive a certain seg- administration in respect to tyranny the right to hire only policemen who ment of the population out of the city. and oppression of a certain group of live in the city. Other municipalities They are going to neglect them to the people. The worst schools are in the and counties in New York State have point where they will be totally power- minority areas. The worst schools are the right to have a residency require- less forever. And they continue to go in the areas where black and Hispanic ment. Only New York City, by State on and on successfully. and Asian children go to school. The That is why I feel I have to deviate legislative law, cannot have a resi- worst schools are in neighborhoods from just talking only about school dency requirement. So we have most of that have been neglected over the construction and make the linkage be- the people who are policemen coming years. So when you have a $2 billion tween the pattern of police brutality, from outside the city. They live in surplus, and New York City had a sur- police killings, the pattern of communities outside of the city. Of the people who were involved in plus, revenue over expenditures last closings and privatization, the pattern this latest killing, three of the four year of $2 billion, not a single penny of of neglect of certain neighborhoods de- lived outside of the city. the $2 billion was devoted to meeting liberately, the pattern is such that we school construction emergencies in have to link them together and under- b 1845 New York City. At a higher level, in stand that we are fighting a much big- Of the people involved in the latest New York State, the State had a $2 bil- ger problem than just the neglect of killing, the oldest person was 27. One lion surplus. I am sometimes ashamed school construction in New York City. February 23, 1999 CONGRESSIONAL RECORD — HOUSE H699 And probably the application to other hood is that, there goes our cars, be- who are not properly trained, people parts of the country, certain big cities, cause certainly anybody with alcohol who have problems. One of the police- is the same. People in power who make on their breath in the minority neigh- men who shot Amadou Diallo, and I decisions about the money have over borhood is going to be stopped. The might have gotten ahead of myself and the years neglected these schools and profiling that is so outrageous all over not been specific about what I am talk- now we have a crisis and they have de- the country where they have profiles of ing about in terms of the latest out- termined to do nothing about the cri- criminals and color is a basic part of rage. sis. the profile. You stop the cars where the Amadou Diallo on February 4, an un- We have a situation where the Gen- young people are black. You stop the armed street peddler from Guinea, was eral Accounting Office in 1995 said that cars where the young people are His- killed in a barrage of 41 bullets in the we needed $112 billion to revamp the in- panic. Bronx. The people who shot him, one of frastructure of schools all across Amer- I want to congratulate the Justice those people had also been responsible ica. They cited, and it is not just the Department for its announcement, the for the murder of a young man in problem of big city schools. There are Justice Department for Brooklyn not too long ago where the problems in rural schools which are its announcement that it is going to young man was shot and the wounds very serious, there are problems in sub- conduct an investigation of profiling in that he sustained were not life-threat- urban schools, but mainly the biggest New Jersey, the State right across the ening but he was allowed to bleed to problem, of course, is in the big city river from New York, because New death. They did not give him any medi- schools, Los Angeles, Chicago, Detroit. Yorkers and other minorities, certain cal attention for 45 minutes and he It is all over where you have deterio- Hispanic and African-American young bled to death. The doctors at the hos- rating schools, in some cases endanger- people have been complaining for years pital said if he had only been brought ing the health and safety of children. about the fact they always get stopped, to the hospital within a reasonable The trailer problem. Somebody said a their cars get stopped. length of time, his life would have been few days ago, they called the trailers The law of averages say if you stop saved. There were no obvious life- learning cottages, not trailers. Let us every car with a young person who also threatening wounds at the beginning. call them trailers. When the greatest happens to be black or Hispanic, you So Amadou Diallo becomes a symbol, Nation in the world with the highest are going to find a large percentage because he is part of a long line. Before per capita income and Wall Street set- who might have something wrong in him Abner Louima, before him the long ting records every day, when they have the car. They might have an open beer succession of Eleanor Bumpers, Claude to have their children go to school in bottle or they might have even some Reese, Clifford Glover, Randolph Evans trailers, then something is radically drugs. If your profiling is done that and numerous others who were killed wrong. The Vice President has recently way, you are going to have a pattern by police under circumstances that discovered some schools somewhere in where most of the people who get ar- could not be justified. Anthony Biaz is America where children are forced to rested are going to be black or His- unique because he is one of the few per- eat lunch at 9:30 because of the over- panic. If you are going to profile drunk sons killed by police where the police crowding. It is such a crowded school driving and stop more people in the mi- were punished. until they have to eat in shifts and nority community, more minority b 1900 there are so many shifts that you have drivers, you are going to have more mi- So it happened the policeman who to begin serving children at 9:30 and nority people losing their cars because strangled him to death or killed him you do not end until 1:30 or 2 o’clock they happen to be caught up in that with a choke hold happened to have serving the children in shifts. That is network. had a long record of brutality, and the commonplace in my district in New We do not think it is a good approach city and the union ran away from de- York. It is commonplace across New to punish people before they have their fending him, and he was convicted. York that children are being forced to day in court. But that is just part of a Livoti is his name. Livoti was con- eat lunch at 9:45 or 10 o’clock in the pattern of moving to maximize law and victed of killing Anthony Baez in a morning. That is child . But de- order at the expense of civil rights and civil suit at least. And the important cent people, teachers with education justice. It does not have to be. thing is that some punishment was and a mission to help children, prin- The unique thing about our democ- meted out, whereas in the case of Elea- cipals, administrators, the city council racy, what makes America so great, is nor Bumpers, the grandmother who members, everybody is acquiescing to a that these excesses we do not tolerate was murdered in her living room, the situation where children are abused in order to get the productive results. policeman was not only not convicted, systematically by being forced to eat they had in Mussolini’s he was given a promotion later. lunch when they have just finished Italy. Law and order they had in Hit- So, the task I made for myself to- breakfast. ler’s Germany. Law and order can be night is to make synergy here. There is That is the way you solve the prob- achieved if that is all you want. But a clear relationship between the way lem, take the pattern of least resist- why make law and order a goal which and, as I speak, it applies to many ance. Treat the children of the schools prevails over everything else? Law and other places in the country so I do not as if they were not quite human. order over civil rights, law and order feel guilty about taking the time here Maybe their parents will get the mes- over justice. What you end up doing is on the floor of the House of Represent- sage and move out of the city or some- end up getting lawlessness. You get vi- atives to talk about this because in how take the burden away from the olence perpetrated by the people who other places in the country we have the city administration, or whatever. But are hired or commissioned to carry out same kind of problems. The task is to it is related. the law and order, the SS, the Gestapo, let it be known that the education The fact that you cannot have law the police departments filled up with problem is partially, certainly, the ob- and order in New York City, some peo- people who are not given proper train- vious part of the education deficit. ple believe you cannot have law and ing, too many people who do not have The lack of resources is due to the order without having a violation of proper training. fact that there is no moral commit- civil rights and without having justice I do not think that the whole New ment to educate the poorest children in is not accurate. There is no reason why York City police department should be America, no moral commitment, and we cannot have law and order with indicted. I think the administration of the poor happen to be mostly African civil rights being respected and justice the police department, I think the ad- American, Hispanic. There is no moral for all. ministration in city hall must be in- commitment to really educate them, New York City recently announced dicted because they have created an at- and that is why we cannot get around and they initiated last night, I think, mosphere, a mind-set, they have made to doing what is obvious. There is no the policy where anybody who is law and order a political objective that commitment there. There is no com- caught driving drunk will have their must be achieved over everything else, mitment to provide law and order with car taken away from them. Well, the and they have created a situation justice if you can just forget about jus- first reaction of the minority neighbor- where people who are unstable, people tice and be careless about the way you H700 CONGRESSIONAL RECORD — HOUSE February 23, 1999 provide law and order. Then Amadou out the Nation especially in African Amer- issue of police brutality. Finally, if America Diallo and Abner Louima and Eleanor ican communities. In 1997, police sodomized is to be what she ought to be then there Bumpers, they are all sacrificial lambs. and beat Abner Louima, a Haitian immi- must be one set of rules by which every citi- I am going to go on to talk more spe- grant, while he was in police custody in New zen is governed. We thank you in advance for York City. In Los Angeles, there was the po- your assistance in this matter, and look for- cifically about school construction and lice beating of Rodney King. In Chicago, ward to your reply. education, but first I want to enter Jeremiah Mearday was beaten by police who Sincerely, into the RECORD a letter that was writ- were later fired. In addition, two young boys DANNY K. DAVIS. ten by my colleague from Chicago, ages 7 and 8 were arrested and charged with Mr. Speaker, I also enter a similar DANNY DAVIS, and signed by many raping and killing 11 year old Ryan Harris letter that I wrote to Attorney General when it was later revealed that these young other members of the Congressional Janet Reno into the RECORD: boys could not have committed the crimes Black Caucus. CONGRESS OF THE UNITED STATES, with which they were accused. We have nu- I wrote my own letter to Janet Reno, HOUSE OF REPRESENTATIVES, merous examples all throughout the country Washington, DC, February 6, 1999. and I am going to enter that in the where this type of police abuse is or has Attorney General JANET RENO, RECORD, too. It was like a ceremony taken place. every time one of these outrageous There is a real perception in the African U.S. Department of Justice, cases occurs and someone is American and minority communities that if Washington, DC. DEAR ATTORNEY GENERAL RENO: Over the your skin is dark then you are in trouble. In unjustifiably murdered by the New course of the last few years I have appealed addition, police brutality has undermined York City police. I wrote a letter to to you and President Clinton to launch a the respect of people in minority commu- Janet Reno asking for an investiga- comprehensive investigation into the pat- nities for the rule of law, because there tern of misconduct by the New York City Po- tion. I asked not only that the particu- seems to be two sets of rules. We remain con- lice Department. The most recent incident lar specific individual incident be in- cerned that the police cannot fairly inves- involving the shooting death of Amadou vestigated but I asked that they inves- tigate themselves. Moreover, we believe that Diallo on February 4, 1999, underscores my the formation of a national citizenry board tigate the systemic problem, why it concern about a police department that ap- keeps happening over and over again, in conjunction with the Department of Jus- pears to be out of control. By all accounts, it why do only these accidents only take tice provides legitimacy to a fair process. is obvious that officers have engaged in a If we are to have true racial reconciliation pattern of reckless guerrilla warfare tactics place in minority neighborhoods, why in this country, then we must deal with the against innocent victims. only people who are considered power- issue of police brutality. Finally, if America less, why only people who are African Our community has grown weary of repeat- is to be what she ought to be, then there edly being victimized by the institutional American or Hispanic or Asian, why must be one set of rules by which every citi- racism that exists within the New York City are they the only victims of police mis- zen is governed. We thank you in advance for Police Department. Somewhere in the midst takes? It is really a question worthy of your assistance in this matter, and we look of all of this confusion lies the fear of every the attention of the United States Jus- forward to your reply. DANNY K. DAVIS. minority citizen that they could be next. It tice Department. And this was signed also by other should be noted that these incidents never But I ceremoniously write these let- members of the Congressional Black occur in predominately white neighborhoods. ters. I get an answer back from Janet Caucus. We are deeply disturbed by the actions of Mr. Speaker, I enter the letter of the police; shocked and amazed that it took Reno and, before that, previous Attor- four officers and 41 bullets to bring one man DANNY K. DAVIS into the RECORD: ney Generals saying, we will proceed to down. This individual was a human being, CONGRESS OF THE UNITED STATES, investigate, but I never get a later let- not an animal. At some point, the leadership HOUSE OF REPRESENTATIVES, ter which says exactly what they are of the city has to acknowledge that it is in- Washington, DC, February 22, 1999. capable of controlling the growing number of doing or what the outcome was. They Hon. WILLIAM JEFFERSON CLINTON, promised to investigate systemic po- misfits within its ranks and yield to a more The White House, objective body that is not driven by politics. lice abuse in New York at the time of DEAR PRESIDENT CLINTON: We are writing We have a number of excellent police officers the outrageous sodomization of Abner to urge you to form a federal task force com- in New York City whose reputations are Louima. Abner Louima was sodomized prised of community leaders and Department being strongly impacted by those who do not with a broomstick and left to die. He of Justice officials to investigate incidents have the best interest of our citizenry at of police brutality and misconduct. As you just was very tough, and although they heart. One indication of the systemic nature may know, on February 4, 1999, Amadou of the problem is the fact that a Street left him around for several hours, when Diallo was shot 19 times in New York City they finally got him to the hospital, he Crimes Unit with life and death power over when police mistook him for a rape suspect. citizens was comprised of four inexperienced fought, and he lived and was able to In all four White police officers shot 41 times officers under 27 years of age. tell his own story. in Mr. Diallo’s apartment. Madam Attorney General, this is a very se- But the letter from Janet Reno said, There have been numerous incidents of rious matter and requires a very thorough we will proceed, I have ordered an in- this kind of unchecked police abuse through- and comprehensive investigation. These last out the nation especially in African Amer- few years have been emotionally draining for vestigation. I even got a letter from ican communities. In 1997, police sodomized the local U.S. Attorney saying, we are the people of New York and I call on you to and beat Abner Louima a Haitian immigrant respond as soon as possible to the urgency of proceeding to investigate the New while he was in police custody in New York. this matter. York City Police Department, the sys- In Los Angeles, there was the police beating Sincerely yours, temic problem, but you never get any of Rodney King. In Chicago, Jeremiah MAJOR R. OWENS, final conclusion or any progress report. Mearday was beaten by police who were later Member of Congress. fired. In addition, two young boys ages seven So DANNY DAVIS, my colleague from Again, I do not need to read a list of Chicago, is asking the same things I and eight were arrested and charging with raping and killing 11 year-old Ryan Harris— the demands that have been made over have asked repeatedly in my letters. when it was later revealed that these young the years. I have been involved for DANNY DAVIS’ letter reads as follows: boys could not have committed the crimes many years, and the patterns are the Dear President Clinton, we are writing to for which they were accused. We have nu- same on police brutality and the end- urge you to form a Federal task force com- merous examples all throughout the country ing of police killings. We have made prised of community leaders and Department where this type of police abuse is or has certain demands, and those demands of Justice officials to investigate incidents taken place. of police brutality and misconduct. As you There is a real perception in the African still are legitimate. may know, on February 4, 1999, Amadou American and minority communities that if We demand, and the way to solve the Diallo was shot 19 times in New York City your skin is dark then you are in trouble. In problem, probably not only New York when police mistook him for a rape suspect. addition, police brutality has undermined City but across the country, is to have In all, four white officers shot 41 times in the respect of people in minority commu- special prosecutors appointed for police Mr. Diallo’s apartment. nities for the rule of law, because there brutality and police killing cases. The That is not exactly correct. There seems to be two sets of rules. We remain con- way to solve it is to have a situation was a doorway leading into his apart- cerned that the police cannot fairly inves- where any locality anywhere in the tigate themselves. Moreover, we believe that country can hire policemen from ment house. the formation of a national citizenry board Continuing to quote the letter from in conjunction with the Department of Jus- among its own citizens. People who Congressman DANNY K. DAVIS: tice provides legitimacy to a fair process. live and work in the same community There have been numerous incidents of If we are to have true racial reconciliation are less likely to participate in abusive this kind of unchecked police abuse through- in this country then we must deal with this behavior. February 23, 1999 CONGRESSIONAL RECORD — HOUSE H701 In New York, the demand also should their will, by forcing their children to I endorse the $25 billion he proposes include the end of a 48-hour rule where eat lunch at 10 o’clock in the morning to finance. The simple plan is not that you cannot even interrogate a police- when they are still filled up with complicated. They will, Federal Gov- man about an incident of brutality or breakfast, by having coal-burning ernment under the President’s plan, killing for 48 hours. Union contract schools. Out of the 1,100 schools in New will provide between 3 and $4 billion to specifics that, and there are numerous York, 275 this time last year were coal- pay the interest on $25 billion worth of other demands which have been ap- burning schools. Now about 250 have bonds over a 5-year period. That is if plied. The question over the years, coal-burning furnaces polluting the air, the localities and the States will bor- made over the years, that is still appli- immediately polluting the atmosphere row the money, float the bonds and cable. in the school and polluting the general borrow the money, the Federal Govern- So I think what we need in New York air. ment will pay the interest, which after is a basic campaign, for a campaign or So we have an unprecedented asthma a 5-year period, if all of this works, if a crusade for basic human rights. We problem in New York City, and so the every State and locality gets its share, need to call upon the whole world to Mayor has an anti-asthma campaign then the Federal Government will be take a look at what is happening in which is phony because of the fact that out of no more than about $4 billion for New York and compare it to Kosovo. In during his anti-asthma campaign and interest, no more. one sense, they are very different; in his appropriation of money to fight That is a lot of money. I am going to another sense, the oppression and the asthma and the problem of asthma say that is a small token. The Presi- tyranny that has taken place in New nothing is said about ending the coal- dent’s plan is the only plan on the York is a preview of coming attrac- burning furnaces, removing the coal- table for school construction that is tions. It is a very sophisticated kind of burning furnaces. No emergency has significant. oppression. been declared to get rid of coal-burning b 1915 The virus of totalitarianism, the furnaces. You know, we are making virus of tyranny, have been introduced some progress, but the City of New I have not heard a plan come from into the democratic culture of New York has not given this any special at- the majority, the Republicans, for York City and New York State. The tention. school construction. They are talking virus manifests itself in both ways, There is an $11 billion construction about a number of other issues in edu- through the fact that education is ne- plan proposed by the Board of Edu- cation but not school construction. So glected, abandoned. Even when there cation of the City of New York, $11 bil- I support the President’s plan. It is the are clear resources available, they lion over a 5-year period to construct only plan on the table, but it does not refuse to apply them to education. The new schools and renovate old schools. go far enough. It does not go far Governor of New York produced a Periodically, every 5 years, they come enough and I want to come back to budget which had additional money for up with these plans, and the fact that that. the creation and construction of pris- the plan is proposed should not mislead I support the President’s plan on no ons while at the same time he made anybody. The last plan was not ful- social promotion. No social promotion cuts in education at the elementary filled at all. The plan that got a great is a nice slogan, and it is a good idea. and secondary level and also at the deal of publicity was a plan that It is a sound concept. There are good higher education level. School Chancellor Cortinez produced reasons offered for it. If we are going to This is a pattern now of both the less than 5 years ago which called for provide resources to help youngsters Governor and the Mayor. Both happen $7 billion for school construction and who are in trouble, we are going to give to be Republicans, both are running for renovation, et cetera, and he was ridi- them tutors and mentors after school, or are interested in national office, culed and driven out of town by the we are going to provide them with both are trying to make a statement Mayor because he put on the table some extra help during the summer, if for the rest of the country. Therefore, what the real construction needs were. all of those things are in place, then I think it is quite fitting and proper So to have an $11 billion plan proposed great. Who needs to advocate holding a that I should stand here on the House does not mean that we are ever going youngster in the same grade if we are of Representatives’ floor talking to to spend that much unless unusual going to give him all that kind of help people all over the country about this things happened. to keep him moving? virus that has been introduced into de- I am here tonight to try to make The problem with the slogan that mocracy in New York State and New some unusual things happen. I want to keeps being repeated about no social York City. It is something that we make some unusual things happen not promotion is that I have heard it be- have to contend with and respond to. only in New York City and New York fore, and I have endorsed it before, that And I do believe there is in America State but all across the country. I we should not promote children who a caring majority, that most people would like to see some unusual things have not reached certain levels of com- care about democracy. Really, they happen in the construction and renova- petence and their performance does not just do not want democracy for them- tion and repair and modernization of justify their being passed on to another selves, they do not want the benefits of schools. grade. I have heard it many times be- our great country only to be applied to I am afraid that we may reach a con- fore. I have endorsed it many times be- just themselves. The majority, there is sensus on education matters here. Both fore. One of the reasons it broke down a majority, a caring majority that parties are now trumpeting bipartisan in New York City before was that there keeps rising up again and again when cooperation, and we know that that is was no place to put the children that extremism raises its head. You see that not going to take place in certain you held back. manifested in many ways. areas, but it might take place in the The enrollment is increasing steadily I will not go into what happened re- case of education, and my fear is that and we are already overcrowded. The cently with respect to the ridiculous a bipartisan deal might be at the ex- schools are overcrowded. I just said indictment through impeachment of pense of the schoolchildren in America. some schools, a large number of the President and the trial that took My fear is that a bipartisan deal on schools, force their children to eat place and the final outcome of that, education might leave school construc- lunch at 10:00 in the morning because how the majority of the people of tion in limbo or only make a token, the cafeteria, the lunchroom, cannot America made themselves known, and take token steps to improve the school hold but a certain number. The school they will prevail. construction issue. was built for 500 and it has a thousand I think in the case of the kind of tyr- I am all in favor of everything that youngsters so they have to feed the anny that has raised its ugly head in the President has proposed in respect youngsters in cycles, and the cycle has New York, which is a preview of com- to education. I endorse what he has to begin at 10:00 and end at 1:30 in order ing attractions of how sophisticated proposed. My concern is that he does for them all to get fed. So instead of vehicles and methods can be used to not go far enough. Certainly in the looking for some other way to solve oppress people by neglecting their edu- area of school construction it does not the problem, and there must be some cation, by degrading them, by crushing go far enough in his proposals. other way other than forcing children H702 CONGRESSIONAL RECORD — HOUSE February 23, 1999 to eat lunch at 10:00 in the morning, as Now I do not want to discourage of, but right now we cannot have tech- late as 1:30, they have not chosen to making small efforts. If the darkness is nology in the schools that need it most find another way. out there, then light a small candle. A and that need to be helped by new tech- The overcrowding situation is dealt small candle in the dark gives some nology because the wiring and the as- with by forcing them to eat lunch at light, some hope, but let us not fool bestos, all of that, has to be dealt with. those ungodly hours. I think it is child ourselves. We are not really doing any- It is better in many cases to build new abuse. I think the nutritionists and the thing significant to take American schools rather than to try to renovate health department ought to be brought schools into the 21st century when you and converting some of the crumbling in to condemn it. I think it should be provide after-school programs for only buildings that our schools are housed forbidden, it should be outlawed. But a tiny portion of the 53 million young- in. that is happening. Why is it happening? sters in public schools. We also have direct problems of Because the schools are overcrowded. We talk about technology and going leaks, water actually coming into the Therefore, if there are not social pro- into the 21st century with our schools buildings, into the roof, or water run- motions, the number of children will wired, at least five classrooms and the ning down the sides, the walls. There pile up in the schools even more. They library wired, and yet many of the are problems that are real emergencies will be even more overcrowded. schools cannot get the wiring because that are being treated in an offhand In order for a policy of no social pro- of the fact that they are so old until way. The caring majority is certainly motion to be real and to take effect they cannot make the proper connec- not very active here in New York City. and not be a fraud, the policy must be tions. They have to do extensive ren- I think there is a caring majority in accompanied by the building of more ovation to change the wiring or to deal New York City. I insist that if they schools. You need more school con- with asbestos problems and they also give us some kind of blueprint as to struction. You have got to act on the have problems with lead in the paint or how to get out of this mess, how we basics first. lead in the pipes. must unite in a crusade for our basic No social promotion, I support that. I There is a school, PS–92, in my dis- human rights and go where we have to support the effort to increase the num- trict where they cannot drink the go, if we are concerned about human ber of after-school centers, because the water from the school fountains. There rights in Kosovo then we ought to be after-school programs will be part of is lead in the pipes that made it impos- concerned about human rights in New the way to give a youngster some help sible for them to continue drinking the York City. It is subtle, more subtle, so he does not, he or she does not, have water. That same school has a coal- more difficult to understand in the to stay in the same grade; they can burning furnace. While I am at it, PS– case of New York, but if you destroy keep moving. 92 is an outrageous example of how your children, generations of children, The after-school programs, the after- when there is no moral will to accom- then it is a serious problem, maybe not school programs that we have, as suc- plish the process of creating safe as serious as shooting them down in cessful as they may be, let us look at schools, healthy schools, schools with cold blood, as it is in Kosovo, and New their significance in terms of numbers. physical facilities to do some learning, York does not face the kind of problem We have just increased the amount of how it gets bogged down. It is easy for that Sarajevo faces where a beautiful money, or in the President’s proposed anything to happen. cosmopolitan city was being destroyed budget he is increasing the amount of The PS–92 saga begins with the fact by violence. I am proud of the fact that money, from $200 million for the after- that they had money appropriated to our President took the initiative, and school programs to $600 million. We are convert this coal-burning furnace at although he only had one-third ap- going to increase the number of young- PS–92 but the $500,000 that was first ap- proval of the Congress and one-third sters to the point where there may be propriated has all been spent on plan- public opinion approval he took the one million youngsters or 1.2 million ning and making blueprints for the new initiative and joined the effort in youngsters, I do not have the exact fig- furnace and the new heating system. Yugoslavia to bring peace there. I am ures on that, who will be part of the They tell the parents that we are out proud of what we are doing in Bosnia after-school programs. of money, we cannot install the fur- and Sarajevo and Serbia and now However, there are 53 million young- nace because we have to go back and Kosovo. sters in public schools in the United get another appropriation. Well, that I think we stayed too long in Bosnia States; 53 million. We are going to take kind of corruption and incompetence and the rest of Yugoslavia. We have care of, at most, 1.2 million when there can go on if the people at the top do spent about $8 billion, and I think that are 53 million. So whereas I endorse the not really care. is a bit too much. I think that we after-school program, I want to see it The situation at PS–92 is so bad until should go anywhere in the world and increased. the angry parents and their expression help out in peacekeeping operations, Let us not fool ourselves. That small of their concern about the fact that help to save children, help to save peo- amount of money will not affect most $500,000 was spent and still there is no ple from genocide but when they run a of the children in the public schools of furnace, it is so great until the last game on us and begin to hustle, keep the Nation. It will not have a signifi- shipment of coal that was brought in some trouble going, foment trouble to cant impact on education in America. to feed the coal-burning furnaces had keep us there and use our military as It is too small and there are too many police escorts. part of their economy, I think we children in need out there. Not all 53 I think it is symbolic that parents, ought to get wise to that, but that is a million, and the actual number is upset and angry about the fact that a subject for another discussion. 52,700,000, not all of them need after- coal-burning furnace is still in place If we are concerned about human school centers but even if half need it after $500,000 has been spent, they are rights in Kosovo, then let us take a that is a long ways from 1.2 million. still told we do not have the money to look at the human rights that are So the amount is too small. If after- change the coal-burning furnace, they being violated in New York City when school centers are important, and I are angry, the response of the city ad- they do not give decent buildings, safe think they are, we ought to really ap- ministration is to send police in with buildings, for children to study in. propriate money which would reach the the next shipment of coal. Now you may talk about testing, na- children who should be reached by There is a virus, a totalitarian virus, tional testing we need. I reversed my those centers. We need to greatly in- in New York City democracy. The position on testing. I will support the crease that amount of money. mindset of City Hall under Mayor Rudy White House and the administration So I worry about the rhetoric, the Giuliani, the mindset is such that they position on testing. The problem with rhetoric which says we are in favor of think every problem can be solved with supporting a national testing program improving our schools, but not being police; you can take the hard approach. is that why are you going to test chil- accompanied with resources. Rhetoric Why not take the moral approach dren in schools with coal-burning fur- without resources probably equals and use some of the city’s surplus to naces? In several schools that I visited, fraud. There is a fraudulent overcast in replace the coal-burning furnaces? along with some colleagues of mine these small education programs that Now I was talking about the pieces in from central Brooklyn, the Martin Lu- are ballyhooed a great deal. the President’s program that I approve ther King Commission, we have a February 23, 1999 CONGRESSIONAL RECORD — HOUSE H703 project of going to look at the health thinks will pass. So we have a bill in licans. Let us dedicate $20 billion, or conditions of schools and several the Committee on Ways and Means, the one-fifth of the surplus, for each year schools that I visited one-fifth of the committee that is least concerned over the next 5 years, dedicate that to children had serious asthma condi- about children. They have never been school construction. $20 billion or one- tions. Many of the teachers were begin- that involved in education, they have fifth of the surplus, whichever is larg- ning to have respiratory illnesses. the authority and they have the juris- er, to school construction. We are going to test people in those diction. They must deal with this con- Does that sound unreasonable? Are kinds of hardship situations. They do struction bill. Democrats going to be labeled as ‘‘big not have technology. They do not have Suppose it passed. And as I said be- spenders’’ by Republicans because they enough books and supplies. What I call fore, suppose we passed it. New York propose $100 billion for school construc- opportunities to learn are ignored and City and New York State would not be tion over a 5-year period? I do not we are going to test them, but I will able to make immediate use of it. They think they should be, because last year support theoretically the need for na- would have to have a referendum. We we appropriated $218 billion for high- tional testing but that controversy is would have to have the State’s citi- ways over a 6-year period. And the going to rage for awhile. I do not think zens, all the citizens of the State would overwhelming majority, more than 90 it is going to really be settled for a have to vote. The State would have to percent of the Congress, Democrats and long time. vote to allow the bonding to go for- Republicans, voted for the highway What I want to do is support some- ward. We cannot have bonding, we can- bill, for $218 billion. thing that I think we have agreement not make the loan that we are going to So let us not continue the fraud and on. I think Republicans and Democrats pay the interest on unless all the vot- say we are interested in education, both agree that in order for children to ers approved. when the basic problem, the problem of learn they need a physical facility that The last time we had such an issue construction, which if we do not deal is safe, a physical facility that is before the voters, they did not approve with the problem of school construc- healthy and a physical facility that is it. It was voted down by the upstate tion, if we do not have more classroom conducive to learning. voters who lived in relative luxury, space, the money appropriated recently We need lights. In some of the school schoolwise. They thought it was only of $1.2 billion that we all agreed to rooms we have, the lights are shot out for the poor children of New York City lower the size in classrooms, we cannot and the kids are in a dark situation in and they voted it down. use it in New York City effectively be- parts of the classrooms. The library, We may succeed after two or three cause we do not have the classroom they are crowded one on top of an- tries, but how long will that take and space. There are many other cities that other. On and on it goes. They need a how many generations will be forced to cannot use it. situation that is conducive to learning. eat lunch at 10 a.m. in the morning? At the bottom, if we do not do any- There is basic agreement that those How many generations will be forced to thing about construction in an appro- are terrible conditions. There is basic deal with asbestos and lead paint, the priate way, everything else is a fraud. agreement that in America all across fumes from coal-burning furnaces All of the other concerns about edu- the country, not just New York City, going into their lungs? How long do we cation moves in the direction of being not just the big cities but in many wait while we fight these bond issues in fraudulent. Deal with construction rural areas, it is atrocious the condi- New York State? And many other first. Deal with the issue that we could tions of the schools. We need some States and localities also require that get agreement on. The money can come help. the voters approve the bond before we out of the surplus. The General Accounting Office, as I can take advantage of that offer. After all, we are proposing $110 bil- said before, estimated in 1995, that be- So even if we succeed and the Com- lion for defense expenditures for weap- tween $110 billion and $112 billion is mittee on Ways and Means should ons systems that are not needed. Why needed in order to revamp the schools, change its ways and really get serious do we not sell bonds to deal with those in order to just get them in working about doing something for the children weapons systems that are not needed conditions, not to take care of new en- of America, even if we succeed, there is and give the money directly and appro- rollment. no immediate relief for the people who priate the money directly to go to lo- Now we are in 1999, going into the need it most. calities for school construction? year 2000, with large increases in en- But I am all for it. Let us give it a The challenge is to be real and do not rollment. They project enrollment in try. However, I would propose, and I join those people who want to destroy the year 2008 will be up at 54 million hope that my colleagues will join me in the poorest children in America. They children from the 53 million; there will proposing, that we directly fund school just do not care. The country as a be 54 million. So they are not going construction. We appropriate the whole will suffer. Social Security will down. Whatever the demographics are, money for school construction. We suffer because the workforce is not I know people are getting older, the need, in order to have a rational re- there to produce the income for Social senior citizen population is getting spectable beginning, we need $100 bil- Security. Our national security larger, but the children, the children lion over a 5-year period. $100 billion militarywise will suffer because we who go to school, that population cer- over a 5-year period is what is needed. cannot staff our aircraft carriers. Re- tainly is getting larger. Mr. Speaker, I would say to the cently we had an aircraft carrier that President, to the Republican majority, b 1930 did not have enough staff because the the Democratic minority, let us have a people are not there in order to operate We have all of this happening and the bipartisan approach to school construc- the ship. response is to deal with rhetoric in- tion. We all agree that whether we are The rest of the country needs an edu- stead of substance. for testing or not, or for after-school cation system. Education is our first Now, back to the President’s pro- centers, or the whole word method or line of defense and first line of security posal for $25 billion in bonding author- the phonics method, there are a lot of and prosperity and we should act ac- ity that the Federal Government will debates going on in education about cordingly by dealing with school con- pay the interest on. What is wrong various issues and methods and ap- struction first. with that proposal? Nothing, except proaches. But here we are talking that it does not go nearly far enough. I about physical facilities. If we agree f endorse that proposal. It is the only that physical facilities are important, one on the table. Congratulations, Mr. then let us unite and appropriate what President. He has been at it for years is needed. GOVERNMENT PRINTING OFFICE: trying to get some movement. Mr. Speaker, $100 billion over a 5- ‘‘BETTER THAN EVER’’ Part of the reason the President fash- year period is a good beginning. Where The SPEAKER pro tempore (Mr. ioned this particular approach is it are we going to get the $100 billion HAYES). Under a previous order of the does not require direct appropriations, from? From the surplus, Mr. President, House, the gentleman from Maryland, because he wanted something that he from the surplus, majority Repub- Mr. HOYER, is recognized for 5 minutes.