109th CONGRESS
2d Session
S. 2679
To establish an Unsolved Crimes Section in the Civil Rights Division
of the Department of Justice, and an Unsolved Civil Rights Crime Investigative
Office in the Civil Rights Unit of the Federal Bureau of Investigation,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 27, 2006
Mr. TALENT (for himself, Mr. DODD, Mr. ALEXANDER, and Mr. COCHRAN) introduced
the following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
To establish an Unsolved Crimes Section in the Civil Rights Division
of the Department of Justice, and an Unsolved Civil Rights Crime Investigative
Office in the Civil Rights Unit of the Federal Bureau of Investigation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Unsolved Civil Rights Crime Act'.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that all authorities with jurisdiction, including
the Federal Bureau of Investigation and other entities within the Department
of Justice, should--
(1) expeditiously investigate unsolved civil rights murders, due to the
amount of time that has passed since the murders and the age of potential
witnesses; and
(2) provide all the resources necessary to ensure timely and thorough
investigations in the cases involved.
SEC. 3. DEFINITIONS.
(1) CHIEF- The term `Chief' means the Chief of the Section.
(2) CHIEF INVESTIGATOR- The term `Chief Investigator' means the Chief
Investigator of the Office.
(3) CRIMINAL CIVIL RIGHTS STATUTES- The term `criminal civil rights statutes'
means--
(A) section 241 of title 18, United States Code (relating to conspiracy
against rights);
(B) section 242 of title 18, United States Code (relating to deprivation
of rights under color of law);
(C) section 245 of title 18, United States Code (relating to federally
protected activities);
(D) sections 1581 and 1584 of title 18, United States Code (relating
to involuntary servitude and peonage);
(E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and
(F) any other Federal law that--
(i) was in effect on or before December 31, 1969; and
(ii) the Criminal Section of the Civil Rights Division of the Department
of Justice enforced, prior to the date of enactment of this Act.
(4) OFFICE- The term `Office' means the Unsolved Civil Rights Crime Investigative
Office established under section 5.
(5) SECTION- The term `Section' (except when used as part of the term
`Criminal Section') means the Unsolved Crimes Section established under
section 4.
SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION.
(a) In General- There is established in the Civil Rights Division of the
Department of Justice an Unsolved Crimes Section. The Section shall be headed
by a Chief of the Section.
(1) IN GENERAL- Notwithstanding any other provision of Federal law, and
except as provided in section 5, the Chief shall be responsible for investigating
and prosecuting violations of criminal civil rights statutes, in cases
in which a complaint alleges that such a violation--
(A) occurred not later than December 31, 1969; and
(A) INVESTIGATIVE ACTIVITIES- In investigating a complaint under paragraph
(1), the Chief shall coordinate investigative activities with State
and local law enforcement officials.
(B) VENUE- After investigating a complaint under paragraph (1), or receiving
a report of an investigation conducted under section 5, if the Chief
determines that an alleged practice that is a violation of a criminal
civil rights statute occurred in a State, or political subdivision of
a State, that has a State or local law prohibiting the practice alleged
and establishing or authorizing a State or local law enforcement official
to grant or seek relief from such practice or to institute criminal
proceedings with respect to the practice on receiving notice of the
practice, the Chief shall consult with the official regarding the appropriate
venue for the case involved.
(3) REFERRAL- After investigating a complaint under paragraph (1), or
receiving a report of an investigation conducted under section 5, the
Chief shall refer the complaint to the Criminal Section of the Civil Rights
Division, if the Chief determines that the subject of the complaint has
violated a criminal civil rights statute in the case involved but the
violation does not meet the requirements of subparagraph (A) or (B) of
paragraph (1).
(1) STUDY- The Chief shall annually conduct a study of the cases under
the jurisdiction of the Chief or under the jurisdiction of the Chief Investigator
and, in conducting the study, shall determine the cases--
(A) for which the Chief has sufficient evidence to prosecute violations
of criminal civil rights statutes; and
(B) for which the Chief has insufficient evidence to prosecute those
violations.
(2) REPORT- Not later than September 30 of 2006 and of each subsequent
year, the Chief shall prepare and submit to Congress a report containing
the results of the study conducted under paragraph (1), including a description
of the cases described in paragraph (1)(B).
(d) Authorization of Appropriations-
(1) AUTHORIZATION- There is authorized to be appropriated to carry out
this section $5,000,000 for fiscal year 2007 and each subsequent fiscal
year.
(2) ADDITIONAL APPROPRIATIONS- Any funds appropriated under this subsection
shall consist of additional appropriations for the activities described
in this section, rather than funds made available through reductions in
the appropriations authorized for other enforcement activities of the
Department of Justice.
SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION.
(a) In General- There is established in the Civil Rights Unit of the Federal
Bureau of Investigation of the Department of Justice an Unsolved Civil Rights
Crime Investigative Office. The Office shall be headed by a Chief Investigator.
(1) IN GENERAL- In accordance with an agreement established between the
Chief Investigator and the Chief, the Chief Investigator shall be responsible
for investigating violations of criminal civil rights statutes, in cases
described in section 4(b).
(A) INVESTIGATIVE ACTIVITIES- In investigating a complaint under paragraph
(1), the Chief Investigator shall coordinate the investigative activities
with State and local law enforcement officials.
(B) REFERRAL- After investigating a complaint under paragraph (1), the
Chief Investigator shall--
(i) determine whether the subject of the complaint has violated a
criminal rights statute in the case involved; and
(ii) refer the complaint to the Chief, together with a report containing
the determination and the results of the investigation.
(c) Authorization of Appropriations-
(1) AUTHORIZATION- There is authorized to be appropriated to carry out
this section $5,000,000 for fiscal year 2007 and each subsequent fiscal
year.
(2) ADDITIONAL APPROPRIATIONS- Any funds appropriated under this subsection
shall consist of additional appropriations for the activities described
in this section, rather than funds made available through reductions in
the appropriations authorized for other enforcement activities of the
Department of Justice.
SEC. 6. COMMUNITY RELATIONS SERVICE OF THE DEPARTMENT OF JUSTICE.
In addition to any amounts authorized to be appropriated under title XI
of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are authorized
to be appropriated to the Community Relations Service of the Department
of Justice $1,500,000 for fiscal year 2007 and each subsequent fiscal year,
to enable the Service (in carrying out the functions described in title
X of such Act (42 U.S.C. 2000g et seq.)) to provide technical assistance
by bringing together law enforcement agencies and communities in the investigation
of violations of criminal civil rights statutes, in cases described in section
4(b).
END
