110th CONGRESS
1st Session
S. 535
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
February 8, 2007
Mr. DODD (for himself and Mr. LEAHY) 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 `Emmett Till 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 INVESTIGATOR- The term `Chief Investigator' means the Chief
Investigator of the Unit.
(2) 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.
(3) OFFICE- The term `Office' means the Unsolved Civil Rights Crime Investigative
Office established under section 5.
(4) DEPUTY- The term `Deputy' means the Deputy for the Unsolved Civil
Rights Era Crimes Unit.
(5) UNIT- The term `Unit' (except when used as part of the term `Criminal
Section') means the Unsolved Civil Rights Era Crimes Unit established
under section 4.
SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION.
(a) In General- There is established in the Criminal Section of the Civil
Rights Division of the Department of Justice an Unsolved Civil Rights Era
Crimes Unit. The Unit shall be headed by a Deputy for the Unsolved Civil
Rights Era Crimes Unit.
(1) IN GENERAL- Notwithstanding any other provision of Federal law, and
except as provided in section 5, the Deputy 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 Deputy 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 Deputy
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 Deputy 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
Deputy shall refer the complaint to the Criminal Section of the Civil
Rights Division, if the Deputy 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 Deputy shall annually conduct a study of the cases under
the jurisdiction of the Deputy or under the jurisdiction of the Chief
Investigator and, in conducting the study, shall determine the cases--
(A) for which the Deputy has sufficient evidence to prosecute violations
of criminal civil rights statutes; and
(B) for which the Deputy has insufficient evidence to prosecute those
violations.
(2) REPORT- Not later than September 30 of 2007 and of each subsequent
year, the Deputy 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).
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 Deputy Investigator.
(1) IN GENERAL- In accordance with an agreement established between the
Deputy Investigator and the Deputy, the Deputy 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 Deputy Investigator shall coordinate the investigative activities
with State and local law enforcement officials.
(B) REFERRAL- After investigating a complaint under paragraph (1), the
Deputy 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 Deputy, together with a report containing
the determination and the results of the investigation.
(C) RESOURCES- The Federal Bureau of Investigation, in coordination
with the Department of Justice, Civil Rights Division, shall have discretion
to re-allocate investigative personnel to jurisdictions to carry out
the goals of this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to carry out this
Act $10,000,000 for fiscal year 2008 and each subsequent fiscal year through
2017. These funds shall be allocated by the Attorney General to the Unsolved
Civil Rights Era Crime Unit of the Department of Justice and the Civil Rights
Unit of the Federal Bureau of Investigation in order to advance the purposes
set forth in this Act.
(b) Additional Appropriations- Any funds appropriated under this section
shall consist of additional appropriations for the activities described
in this Act, rather than funds made available through reductions in the
appropriations authorized for other enforcement activities of the Department
of Justice.
(c) 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 2008 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).
SEC. 7. SUNSET.
Sections 1 through 6 of this Act shall expire at the end of fiscal year
2017.
SEC. 8. AUTHORITY OF INSPECTORS GENERAL.
Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5779 et seq.) is
amended by adding at the end the following:
`SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.
`(a) In General- An Inspector General appointed under section 3 or 8G of
the Inspector General Act of 1978 (5 U.S.C. App.) may authorize staff to
assist the National Center for Missing and Exploited Children--
`(1) by conducting reviews of inactive case files to develop recommendations
for further investigations; and
`(2) by engaging in similar activities.
`(1) PRIORITY- An Inspector General may not permit staff to engage in
activities described in subsection (a) if such activities will interfere
with the duties of the Inspector General under the Inspector General Act
of 1978 (5 U.S.C. App.).
`(2) FUNDING- No additional funds are authorized to be appropriated to
carry out this section.'.
END
