[Congressional Record Volume 153, Number 24 (Thursday, February 8, 2007)]
[Senate]
[Pages S1788-S1790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Leahy):
  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; to the 
Committee on the Judiciary.
  Mr. DODD. Mr. President, I rise today to introduce the Emmett Till 
Unsolved Civil Rights Crime Act, legislation to provide for the 
investigation and prosecution of unsolved civil rights crimes. In this 
effort, I am proud to be joined by Senator Leahy.
  There are those who would say this bill is a case of ``too little, 
too late.'' In some ways they would be right. Where is the justice, I 
suppose, when a monster such as Edgar Ray Killen roamed free for 
literally decades after killing young civil rights workers in this 
country? That fact alone speaks to the inexcusable failures of our 
legal system to bring to justice those who committed brutal crimes 
based solely on racial prejudice.
  Not that many years ago, crimes of this type were rarely investigated 
in parts of our country. There was often little or no effort made 
whatsoever to determine who engaged in these brutal violent acts. In 
more recent history, of course, we have seen much stronger efforts and 
I applaud this work. However, I believe there remains good 
justification for dedicating an adequate amount of resources to go back 
and reopen the books on those tragic unsolved crimes. Those who engaged 
in these activities, who think they never have to worry another day in 
their lives about being pursued, take note--take note that you may 
never and should never have a sleep-filled night again, that we will 
pursue you as long as you live, that we will do everything in our power 
to apprehend you and bring you to the bar of justice.
  That is the message we want to convey to the families, the friends, 
and others who lost loved ones, who put their lives on the line by 
advocating for greater justice, helping our Nation achieve that ``more 
perfect union'' that our Founders spoke about, that Abraham Lincoln 
articulated brilliantly more than a century and a half ago.
  That is at the heart of this effort--to try to level this field. We 
will never be a perfect union, but each generation bears the 
responsibility for getting us closer to that ideal.
  America stands for the principle of equal justice for all. Yet for 
far too long, many Americans have been denied that equal justice, and 
many despicable criminals have not been held accountable for what they 
have done to deprive people of those equal opportunities. This is a 
failure we can never forget.
  So this Senate, in this Congress, on this date, early in the 21st 
century, is saying that we will not forget. This bill is on record. 
This bill seeks to right the wrongs of the past and to bring justice to 
people who perpetrated these heinous crimes because of racial hatred. 
We are saying that we want to create the mechanism to allow us to 
pursue these wrongdoers in the coming years. It cannot bring back and 
make whole those who have suffered and were murdered by a racist 
criminal hand. But it can reaffirm our Nation's commitment to seek the 
truth and to make equal justice a reality.
  To do this, we propose the creation of two new offices. The Unsolved 
Civil Rights Crime Investigative Office will be a division of the 
Federal Bureau of Investigation devoted to the aggressive investigation 
of pre-1970 cases in coordination with local law enforcement officials. 
The Unsolved Crimes Section will be an office within the Civil Rights 
Division of the Department of Justice and will focus specifically on 
prosecuting those cases investigated by the new FBI office.
  The hour is, obviously, very late. Memories are dimming. Those who 
can bring some important information to the legal authorities are 
passing away. This bill may be the last and best chance we have as a 
nation to write a hopeful postscript in the struggle for racial 
equality in our Nation.
  We are pleased to be working with our friends in the House to help 
right these wrongs done in our past, especially Representative John 
Lewis, who has worked throughout his distinguished life to make sure 
that the promise of America can be realized for all our citizens.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 535

       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'')

[[Page S1789]]

     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.''.

  Mr. LEAHY. Mr. President, today, I am pleased to join Senator Dodd in 
reintroducing the Dodd-Leahy Emmett Till Unsolved Civil Rights Crime 
Act. This bill strengthens the ability of our federal government to 
investigate and prosecute unsolved murders from the civil rights era.
  I thank Senator Dodd for his leadership and commitment to enacting 
this meaningful civil rights bill. And I look forward to working with 
other Senators as this bill moves forward.
  I am also very pleased that the Unsolved Civil Rights Crime Act once 
again includes the Missing Child Cold Case Review Act, which I 
sponsored in the last Congress to provide the investigative expertise 
of our Inspectors General in reviewing the cold cases of missing 
children.
  Under current law, an inspector general's duties are limited to 
activities related to the programs and operations of an agency. My bill 
would allow inspectors general to assign criminal investigators to 
assist in the review of cold case files at National Center for Missing 
and Exploited Children. NCMEC, so long as doing so would not interfere 
with normal duties. I understand that our inspectors general are eager 
to provide this assistance, and this measure allows them legal 
authorization to do that. These cases need resolution. As parents and 
grandparents we all know that and, where our Government can provide its 
resources, it should.
  The primary thrust of this bill targets murders from the civil rights 
era.
  Nearly 52 years ago, the brutal murder of Emmett Till, a 14-year-old 
African-American teenager, stirred the concience of our country. Young 
Emmett Till walked into a local country store in Money, MS, to buy some 
candy and allegedly whistled at the white store clerk. That night, two 
white half-brothers, J.W. Milam and Roy Bryant, kidnapped Emmett Till 
from his great uncle's home. Several days later, his brutally beaten 
and unrecognizable body was fished out of the nearby Tallahatchie 
River. No one was ever punished for this tragic and brutal murder.
  Emmett Till's death served as momentum for change. It inspired a 
generation of Americans to demand justice and freedom in a way America 
had never seen before. During the civil rights movement, the road to 
Mississippi became the highway of change for an entire country.
  Yet the movement had a darker side. Fifty-two years after Emmett 
Till's murder, the families of many Americans who lost their lives 
during the civil rights era are still awaiting justice. We must not 
forget their sacrifice. And one way to honor that sacrifice is acting 
before the window of time closes. New evidence of cold cases trickles 
in while older evidence continues to fade and witnesses age. We must 
have a sense of urgency to ensure that justice is rendered. We cannot 
afford to wait.
  The Emmett Till Unsolved Crime Act would provide the Federal 
Government

[[Page S1790]]

with much needed tools to expeditiously investigate and prosecute 
unsolved civil rights era cold cases. To accomplish this goal, the 
legislation calls for the creation of new cold case units in the 
Justice Department and FBI solely dedicated to investigating and 
prosecuting unsolved cases that involved violations of criminal civil 
rights statutes, resulting in death, and occurring before January 1, 
1970. This measure also seeks to provide proper coordination between 
federal officials and state and local government officials on these 
cases.
  This bill ensures that the Federal Government is held accountable by 
requiring the Justice Department and FBI cold case units to submit 
annual reports to Congress describing which cold cases were selected 
for further investigation and prosecution and which were not.
  By shedding light on unsolved civil rights era murders, I hope this 
bill will end our Nation's ``quiet game'' on civil rights murders. 
Justice is better served by allowing our entire nation to acknowledge 
past wrongs, including wrongs aided by lax law enforcement. Just this 
week, The Washington Post reported that the briefcase of slain Florida 
civil rights leader Harry T. Moore, which mysteriously disappeared 55 
years ago from a local courthouse, was found in a barn. We must hold 
our .government officials more accountable.
  Progress has been made. According to a February 4, 2007, article in 
USA Today, entitled ``Civil rights-era killers escape justice,'' since 
1989, authorities in seven States have reexamined 29 killings from the 
civil rights era and made 28 arrests that led to 22 convictions, 
including this month's arrest of former Klansman James Seale for the 
May 2, 1964, abduction and killings of Henry Hezekiah Dee and Charles 
Eddie Moore.
  Despite some progress, much remains to be done. Just how many people 
died during that period is uncertain. At the National Civil Rights 
Memorial in Birmingham, AL, is the Civil Rights Memorial Center, where 
86 additional names appear on a wall dedicated to the ``forgotten 
others.'' This bill ensures that no sacrifice in the pursuit of freedom 
goes unnoticed.
  Even today, violence or the threat of violence serves as a barrier to 
full and equal participation in our society. On January 11, 2007, the 
NAACP asked the FBI to investigate three recent acts of violence and 
intimidation against against African-American mayors, including shots 
fired into the home of Greenwood, LA's first black mayor and the 
mysterious shooting death of Westlake, LA's, first black mayor two days 
before he was scheduled to take office. And two days ago the Anti-
Defamation League, which monitors racist hate groups, released a report 
showing that ``Klan groups have witnessed a surprising and troubling 
resurgence by exploiting fears of an immigration explosion.''
  There is no place for racial violence or political terrorism in a 
democracy. We must rededicate ourselves, as a Nation and as 
individuals, to protecting the full human equality of all Americans. We 
start today by ensuring that the guilty do not go unpunished, or that 
justice--even if delayed--is denied. By passing this bill and enacting 
it into law, we continue our march toward building a more fair and just 
society.
                                 ______