[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 923 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 923
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 HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. Lewis of Georgia (for himself, Mr. Hulshof, Mr. Conyers, Mr. Scott
of Virginia, Mr. Rangel, Mr. Bishop of Georgia, Mr. Clyburn, Mr.
Butterfield, Mrs. McCarthy of New York, Mr. Hastings of Florida, Mr.
Fattah, Mr. Cleaver, Ms. Eddie Bernice Johnson of Texas, Mrs.
Christensen, Mr. Watt, Mr. Davis of Illinois, Mr. Cummings, Mr. Meeks
of New York, Mr. Payne, Ms. Waters, Mr. Johnson of Georgia, Mr. Clay,
Ms. Lee, Mrs. Jones of Ohio, Ms. Kilpatrick, Mr. Towns, Mr. Scott of
Georgia, Mr. Ellison, Mr. Davis of Alabama, Mr. Moore of Kansas, Ms.
Watson, Ms. Corrine Brown of Florida, Mr. Wynn, Ms. Millender-McDonald,
Ms. Moore of Wisconsin, Mr. Grijalva, Mr. Al Green of Texas, Mr.
Schiff, Mr. Serrano, Mr. McDermott, Mr. Kucinich, Mr. Jefferson, Mr.
Marshall, Mr. Rush, Mr. Thompson of Mississippi, Ms. Carson, Mr. Honda,
Ms. Norton, Mr. Berman, Mr. Becerra, Ms. Schakowsky, Ms. Woolsey, Mr.
Nadler, Mr. Boswell, Mr. Van Hollen, Ms. Wasserman Schultz, Mr. Cohen,
Mr. Meek of Florida, Mr. Gutierrez, and Ms. Castor) introduced the
following bill; which was 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.
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.
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.
(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 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.
(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.
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.
``(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.''.
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