Unsolved Civil Rights Crime Act - (Sec. 4) Establishes an Unsolved Civil Rights Era Crimes Unit in the Criminal Section of the Civil Rights Division of the Department of Justice (DOJ) and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation (FBI).
Requires the Deputy of the Section and the Deputy Investigator of the Office to be responsible for investigating violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Deputy Investigator to: (1) determine whether the subject of a complaint has violated a criminal rights statute; and (2) refer such determination and complaint to the Deputy, who shall be responsible for prosecuting violations.
Requires the Deputy to: (1) consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law; and (2) refer cases 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 but the violation did not occur later than December 31, 1969, and result in a death.
Requires the Deputy, annually, to study and report to Congress on the cases under the jurisdiction of the Deputy or the Chief Investigator of the Unit for which there is sufficient evidence and for which there is insufficient evidence to prosecute violations of criminal civil rights statutes.
Gives the FBI the discretion to reallocate investigative personnel to jurisdictions to carry out the goals of this Act.
(Sec. 6) Authorizes appropriations for FY2007-FY2016. Authorizes appropriations to the Community Relations Service of DOJ to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of criminal civil rights statutes.
(Sec. 7) Terminates the Act at the end of FY2016.
(Sec. 8) Amends the Crime Control Act of 1990 to allow Inspectors General to authorize staff to assist the National Center for Missing and Exploited Children by conducting reviews of inactive case files to develop recommendations for further investigations. Prohibits an Inspector General from permitting staff to engage in such activities if they will interfere with the Inspector General's duties.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2679
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
April 27, 2006
Mr. Talent (for himself, Mr. Dodd, Mr. Alexander, and Mr. Cochran)
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, 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 ``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.--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.
SEC. 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.
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 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.
SEC. 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).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 579.
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