S 3430 ISPCSCommentsClose CommentsPermalink

To provide for the investigation of certain unsolved civil rights crimes, and for other purposes.CommentsClose CommentsPermalink

August 1, 2008CommentsClose CommentsPermalink

Mr. COBURN introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

To provide for the investigation of certain unsolved civil rights crimes, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Emmett Till Unsolved Civil Rights Crime Act of 2008’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved.CommentsClose CommentsPermalink

SEC. 3. DEPUTY CHIEF OF 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 (in this Act referred to as the ‘Deputy Chief’).CommentsClose CommentsPermalink





(b) Responsibility-CommentsClose CommentsPermalink





(1) IN GENERAL- The Deputy Chief shall be responsible for coordinating the investigation and prosecution of violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink





(2) COORDINATION- In investigating a complaint under paragraph (1), the Deputy Chief may coordinate investigative activities with State and local law enforcement officials.CommentsClose CommentsPermalink





(c) Study and Report-CommentsClose CommentsPermalink





(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 and, in conducting the study, shall determine--CommentsClose CommentsPermalink





(A) the number of open investigations within the Department of Justice for violations of criminal civil rights statutes that occurred not later than December 31, 1969;CommentsClose CommentsPermalink





(B) the number of new cases opened pursuant to this Act since the most recent study conducted under this paragraph;CommentsClose CommentsPermalink





(C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed;CommentsClose CommentsPermalink





(D) the number of cases 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 charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a jurisdiction declines to prosecute or participate in an investigation of a case so referred, the fact it did so;CommentsClose CommentsPermalink





(E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant Federal statutes;CommentsClose CommentsPermalink





(F) the number of attorneys who worked, in whole or in part, on any case described in subsection (b)(1); andCommentsClose CommentsPermalink





(G) the applications submitted for grants under section 5, the award of such grants, and the purposes for which the grant amount were expended.CommentsClose CommentsPermalink





(2) REPORT- Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Attorney General shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1).CommentsClose CommentsPermalink

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 (in this Act referred to as the ‘Supervisory Special Agent’).CommentsClose CommentsPermalink





(b) Responsibility-CommentsClose CommentsPermalink





(1) IN GENERAL- The Supervisory Special Agent shall be responsible for investigating violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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

(a) In General- The Attorney General may make grants to State or local law enforcement agencies for expenses associated with the investigation and prosecution of criminal offenses, involving civil rights, that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated $2,000,000 for each of fiscal years 2008 through 2017 to carry out this section.CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated, in addition to any other amounts otherwise authorized to be appropriated for this purpose, to the Attorney General $10,000,000 for each of fiscal years 2008 through 2017 for investigating and prosecuting violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death. Amounts appropriated pursuant to this subsection shall be allocated by the Attorney General to the Deputy Chief and the Supervisory Special Agent in order to advance the purposes set forth in this Act.CommentsClose CommentsPermalink





(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 Community Relations 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).CommentsClose CommentsPermalink

SEC. 7. DEFINITION OF CRIMINAL CIVIL RIGHTS STATUTES.

In this Act, the term ‘criminal civil rights statutes’ means--CommentsClose CommentsPermalink





(1) section 241 of title 18, United States Code (relating to conspiracy against rights);CommentsClose CommentsPermalink





(2) section 242 of title 18, United States Code (relating to deprivation of rights under color of law);CommentsClose CommentsPermalink





(3) section 245 of title 18, United States Code (relating to federally protected activities);CommentsClose CommentsPermalink





(4) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage);CommentsClose CommentsPermalink





(5) section 901 of the Fair Housing Act (42 U.S.C. 3631); andCommentsClose CommentsPermalink





(6) any other Federal law that--CommentsClose CommentsPermalink





(A) was in effect on or before December 31, 1969; andCommentsClose CommentsPermalink





(B) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 8. SUNSET.

Sections 2 through 6 of this Act shall cease to have force or effect at the end of fiscal year 2017.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(1) by conducting reviews of inactive case files to develop recommendations for further investigations; andCommentsClose CommentsPermalink





‘(2) by engaging in similar activities.CommentsClose CommentsPermalink





‘(b) Limitations-CommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





‘(2) FUNDING- No additional funds are authorized to be appropriated to carry out this section.’.CommentsClose CommentsPermalink

SEC. 10. USE OF RESOURCES.

For any fiscal year in which Congress does not provide funding to carry out this Act at the levels authorized, the Attorney General shall give priority to allocating amounts to carry out this Act in allocating amounts appropriated for the Department of Justice--CommentsClose CommentsPermalink





(1) under the heading ‘SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES’ under the heading ‘Legal Activities’;CommentsClose CommentsPermalink





(2) under the heading ‘SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE’ under the heading ‘United States Marshals Service’; andCommentsClose CommentsPermalink





(3) under the heading ‘SALARIES AND EXPENSES’ under the heading ‘Federal Bureau of Investigation’.CommentsClose CommentsPermalink