II 109th CONGRESS 1st Session S. 1369 IN THE SENATE OF THE UNITED STATES July 1, 2005 Mr. Talent (for himself, Mr. Dodd, Mr. Alexander, Mrs. Clinton, Mr. Cochran, Ms. Collins, Mr. Coleman, Mrs. Dole, Mr. DeWine, Mr. Graham, Mr. Kerry, Mr. Kyl, Ms. Landrieu, Mr. Nelson of Florida, Mr. Lott, Mr. Santorum, Mr. Schumer, Mr. Martinez, Mr. Sununu, Ms. Snowe, Mr. Smith, and Mr. McConnell) 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.

1.

Short title

This Act may be cited as the Unsolved Civil Rights Crime Act.

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.

3.

Definitions

In this Act: (1)

Chief

The term Chief means the Chief of the Section. (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)

Section

The term Section (except when used as part of the term Criminal Section) means the Unsolved Crimes Section established under section 4.

4.

Establishment of Section

(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. (b)

Responsibility

(1)

In general

Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation— (A)occurred not later than December 31, 1969; and (B)resulted in a death. (2)

Coordination

After investigating a complaint under paragraph (1), 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 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 State or local official regarding the appropriate venue for the case involved. (3)

Referral

After investigating a complaint under paragraph (1), 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). (c)

Study and report

(1)

Study

The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief 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 2006 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.