II Calendar No. 579 109th CONGRESS 2d Session S. 2679 IN THE SENATE OF THE UNITED STATES April 27, 2006 Mr. Talent (for himself, Mr. Dodd, Mr. Alexander, Mr. Cochran, Mr. DeWine, Mr. Kerry, Mr. Allen, Mr. Cornyn, and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on the Judiciary August 3, 2006 Reported by Mr. Specter, with an amendment Strike out all after the enacting clause and insert the part printed in italic 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.
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)
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.
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. (b)
Responsibility
(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 (B)resulted in a death. (2)
Coordination
(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). (c)
Study and report
(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.
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. (b)
Responsibility
(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). (2)
Coordination
(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.
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).
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 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.
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. (b)
Responsibility
(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 (B)resulted in a death. (2)
Coordination
(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). (c)
Study and Report
(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 2006 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).
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. (b)
Responsibility
(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). (2)
Coordination
(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.
6.
Authorization of appropriations
(a)
In general
There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2007 and each subsequent fiscal year through 2016. 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 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).
7.
Sunset
Sections 1 through 6 of this Act shall expire at the end of fiscal year 2016.
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:
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. (b)
Limitations
(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.
.
August 3, 2006 Reported with an amendment