[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 535 Reported in Senate (RS)]






                                                       Calendar No. 211
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, Mr. Leahy, Mr. Schumer, Ms. Landrieu, Mrs. 
 McCaskill, Mr. Cochran, Mr. Alexander, Mr. Kennedy, Mr. Specter, Mr. 
 Hatch, Mr. Cardin, Mr. Durbin, Mr. Whitehouse, Mr. Cornyn, Mr. Biden, 
and Mr. Obama) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             June 20, 2007

 Reported by Mr. Leahy, with an amendment and an amendment to the title
 [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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Emmett Till Unsolved Civil 
Rights Crime Act''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) provide all the resources necessary to ensure 
        timely and thorough investigations in the cases 
        involved.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Chief investigator.--The term ``Chief 
        Investigator'' means the Chief Investigator of the 
        Unit.</DELETED>
        <DELETED>    (2) Criminal civil rights statutes.--The term 
        ``criminal civil rights statutes'' means--</DELETED>
                <DELETED>    (A) section 241 of title 18, United States 
                Code (relating to conspiracy against rights);</DELETED>
                <DELETED>    (B) section 242 of title 18, United States 
                Code (relating to deprivation of rights under color of 
                law);</DELETED>
                <DELETED>    (C) section 245 of title 18, United States 
                Code (relating to federally protected 
                activities);</DELETED>
                <DELETED>    (D) sections 1581 and 1584 of title 18, 
                United States Code (relating to involuntary servitude 
                and peonage);</DELETED>
                <DELETED>    (E) section 901 of the Fair Housing Act 
                (42 U.S.C. 3631); and</DELETED>
                <DELETED>    (F) any other Federal law that--</DELETED>
                        <DELETED>    (i) was in effect on or before 
                        December 31, 1969; and</DELETED>
                        <DELETED>    (ii) the Criminal Section of the 
                        Civil Rights Division of the Department of 
                        Justice enforced, prior to the date of 
                        enactment of this Act.</DELETED>
        <DELETED>    (3) Office.--The term ``Office'' means the 
        Unsolved Civil Rights Crime Investigative Office established 
        under section 5.</DELETED>
        <DELETED>    (4) Deputy.--The term ``Deputy'' means the Deputy 
        for the Unsolved Civil Rights Era Crimes Unit.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS 
              DIVISION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Responsibility.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) occurred not later than December 31, 
                1969; and</DELETED>
                <DELETED>    (B) resulted in a death.</DELETED>
        <DELETED>    (2) Coordination.--</DELETED>
                <DELETED>    (A) Investigative activities.--In 
                investigating a complaint under paragraph (1), the 
                Deputy shall coordinate investigative activities with 
                State and local law enforcement officials.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Study and Report.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) for which the Deputy has sufficient 
                evidence to prosecute violations of criminal civil 
                rights statutes; and</DELETED>
                <DELETED>    (B) for which the Deputy has insufficient 
                evidence to prosecute those violations.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF 
              INVESTIGATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Responsibility.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Coordination.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Referral.--After investigating a 
                complaint under paragraph (1), the Deputy Investigator 
                shall--</DELETED>
                        <DELETED>    (i) determine whether the subject 
                        of the complaint has violated a criminal rights 
                        statute in the case involved; and</DELETED>
                        <DELETED>    (ii) refer the complaint to the 
                        Deputy, together with a report containing the 
                        determination and the results of the 
                        investigation.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 7. SUNSET.</DELETED>

<DELETED>    Sections 1 through 6 of this Act shall expire at the end 
of fiscal year 2017.</DELETED>

<DELETED>SEC. 8. AUTHORITY OF INSPECTORS GENERAL.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) by conducting reviews of inactive case files 
        to develop recommendations for further investigations; 
        and</DELETED>
        <DELETED>    ``(2) by engaging in similar activities.</DELETED>
<DELETED>    ``(b) Limitations.--</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(2) Funding.--No additional funds are authorized 
        to be appropriated to carry out this section.''.</DELETED>

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. DEPUTY CHIEF IN THE CRIMINAL SECTION OF THE CIVIL RIGHTS 
              DIVISION.

    (a) In General.--The Attorney General shall designate a Deputy 
Chief in the Criminal Section of the Civil Rights Division of the 
Department of Justice.
    (b) Responsibility.--
            (1) In general.--The Deputy Chief shall be responsible for 
        investigating, prosecuting, and coordinating the investigation 
        and prosecution of violations of criminal civil rights 
        statutes, in cases in which a complaint alleges that such a 
        violation occurred not later than December 31, 1969, and 
        resulted in a death.
            (2) Coordination.--In investigating a complaint under 
        paragraph (1), the Deputy Chief may coordinate investigative 
        activities with State and local law enforcement officials.
    (c) Study and Report.--
            (1) Study.--The Attorney General shall annually conduct a 
        study of the cases under the jurisdiction of the Deputy Chief 
        or under the jurisdiction of the Supervisory Special Agent 
        described in section 4 and, in conducting the study, shall 
        determine--
                    (A) the number of open investigations within the 
                Department of Justice of violations of criminal civil 
                rights statutes described in subsection (b)(1);
                    (B) the number of cases described in subsection 
                (b)(1)--
                            (i) for the first study under this 
                        subsection, that were opened pursuant to this 
                        Act since the date of enactment of this Act; 
                        and
                            (ii) for each subsequent study, that were 
                        opened pursuant to this Act since the previous 
                        study under this subsection;
                    (C) the number of unsealed Federal cases involving 
                such violations for which charges were filed within the 
                study period, and the case names, the jurisdictions in 
                which the charges were filed, and the dates the charges 
                were filed;
                    (D)(i) the number of cases involving such 
                violations that were referred by the Department of 
                Justice to a State or local law enforcement agency or 
                prosecutor within the study period, the number of such 
                cases that resulted in State or local charges being 
                filed, the jurisdictions in which the charges were 
                filed, and the dates the charges were filed; and
                    (ii) the case names for any unsealed Federal cases 
                in which actions by State and local law enforcement 
                officials have left demonstratively unvindicated the 
                Federal interest in the investigation and prosecution 
                of incidents relating to criminal civil rights 
                statutes, and the reasons for any related decisions by 
                Federal officials not to coordinate investigation and 
                prosecution with the State and local officials;
                    (E) the number of cases involving such violations 
                that were closed within the study period without 
                Federal prosecution, the case names of such cases that 
                were unsealed Federal cases, the dates the cases 
                described in this subparagraph were closed, and the 
                relevant Federal statutes;
                    (F) the number of attorneys who worked, in whole or 
                in part, on any case described in subsection (b)(1); 
                and
                    (G) the number of applications submitted for grants 
                under section 5, the number of awards of such grants, 
                and the purposes for which the grant amounts were 
                expended.
            (2) Report.--Not later than the day that is 6 months after 
        the date of enactment of this Act, and that day of each year 
        thereafter, the Attorney General shall prepare and submit to 
        Congress a report containing the results of the study conducted 
        under paragraph (1).

SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE 
              FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--The Attorney General shall designate a Supervisory 
Special Agent in the Civil Rights Unit of the Federal Bureau of 
Investigation of the Department of Justice.
    (b) Responsibility.--
            (1) In general.--The Supervisory Special Agent shall be 
        responsible for investigating violations of criminal civil 
        rights statutes, in cases described in section 3(b)(1).
            (2) Coordination.--In investigating a complaint under 
        paragraph (1), the Supervisory Special Agent may coordinate the 
        investigative activities with State and local law enforcement 
        officials.

SEC. 5. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--The Attorney General may award grants to State or 
local law enforcement agencies for expenses associated with the 
investigation and prosecution of violations of State or local laws that 
are similar to the Federal criminal civil rights statutes.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2008 through 2017.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Attorney General, for the purpose of carrying out the activities 
described in sections 3 and 4, in addition to any other another amounts 
authorized to be appropriated for that purpose, $10,000,000 for each of 
fiscal years 2008 through 2017. The Attorney General shall allocate 
funds described in this subsection to the Deputy Chief described in 
section 3 and the Supervisory Special Agent described in section 4 to 
advance that purpose.
    (b) 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 3(b)(1).

SEC. 7. DEFINITION.

    In this Act, the term ``criminal civil rights statutes'' means--
            (1) section 241 of title 18, United States Code (relating 
        to conspiracy against rights);
            (2) section 242 of title 18, United States Code (relating 
        to deprivation of rights under color of law);
            (3) section 245 of title 18, United States Code (relating 
        to federally protected activities);
            (4) sections 1581 and 1584 of title 18, United States Code 
        (relating to involuntary servitude and peonage);
            (5) section 901 of the Fair Housing Act (42 U.S.C. 3631); 
        and
            (6) any other Federal law that--
                    (A) was in effect on or before December 31, 1969; 
                and
                    (B) the Criminal Section of the Civil Rights 
                Division of the Department of Justice enforced, prior 
                to the date of enactment of this Act.

SEC. 8. SUNSET.

    Sections 2 through 7 of this Act shall expire at the end of fiscal 
year 2017.

SEC. 9. 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.''.
            Amend the title so as to read: ``A bill to provide for the 
        investigation of certain unsolved civil rights crimes, and for 
        other purposes.''.
                                                       Calendar No. 211

110th CONGRESS

  1st Session

                                 S. 535

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 20, 2007

        Reported with an amendment and an amendment to the title