Emmett Till Bill
http://www.washingtonwatch.com/bills/show/110_HR_923.html
First Version: Emmett Till Unsolved Civil Rights Crime Act (Introduced in Senate)
S 535 IS
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 and Mr. LEAHY) 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 `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.'.
S.R. 535 Second Version: Reported in Senate
S.R. 535 IR (Bill Reported in Senate)
S.535
Emmett Till Unsolved Civil Rights Crime Act (Reported in Senate)
Beginning
February 8, 2007
[Strike out all after the enacting clause and insert the part printed in italic]
[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]
[Struck out->] SEC. 2. SENSE OF CONGRESS. [<-Struck out]
[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]
[Struck out->] SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION. [<-Struck out]
[Struck out->] SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION. [<-Struck out]
[Struck out->] SEC. 6. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]
[Struck out->] SEC. 7. SUNSET. [<-Struck out]
[Struck out->] SEC. 8. AUTHORITY OF INSPECTORS GENERAL. [<-Struck out]
[Struck out->] `SEC. 3703. AUTHORITY OF INSPECTORS GENERAL. [<-Struck out]
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
CQ TODAY PRINT EDITION
June 17, 2008 – 8:04 p.m.
Democrats Target Coburn’s Holds
By Kathleen Hunter, CQ Staff
Senate Democrats are setting up a showdown with a thorn in their side: Oklahoma conservative Tom Coburn.
Majority Leader Harry Reid and other top Democrats have decided to bundle an undetermined number of bills that have at least one thing in common: Coburn has blocked them by exercising a hold.
Packaging the mostly unrelated measures would give Democrats a chance to illustrate one of their election themes: The majority must resort to extreme measures to move bills that would be passed easily if Republican obstructionists would allow votes.
“Bills that are non-controversial, that move the country forward, albeit in a small way, are being blocked, and we’re going to have to do something about that,” said Charles E. Schumer of New York, chairman of the Democratic Senatorial Campaign Committee.
The Democratic strategy, likely to play out during July, will test party loyalties. Republicans will have to decide whether to advance bills they support or stand behind Coburn as he demands the ability to debate and amend bills on the floor.
Coburn said Tuesday he is prepared to dig in his heels and make it tough for Democrats to pass their package unless he is permitted to offer amendments.
“The fact is, if they come to the floor it’s going to take a while to move it if we don’t get any amendments,” Coburn said. “There might be a filibuster or two in real terms.”
In December, Reid, D-Nev., negotiated with Coburn to move a package of public land bills (PL 110-229) that Coburn had threatened to block. Coburn was offered the chance to offer some amendments — although there was no promise made about any specific amendment.
Majority Whip Richard J. Durbin, D-Ill., said Tuesday that Democratic leaders have not promised Coburn he will be able to offer amendments to the planned package.
Durbin said one bill likely to be part of the package is a Reid-sponsored measure (S1382) to create a registry of those suffering from amyotrophic lateral sclerosis, better known as Lou Gehrig’s disease.
Coburn opposes that bill, contending that the Centers for Disease Control and Prevention already has the authority to create such a registry. “We’re going to start making decisions that we should have the researchers making — and I’ll fight every one of those,” he said.
Coburn Will Need Help
Durbin estimated that Coburn has holds on about 80 bills, a figure Coburn said sounded accurate.
“These are non-controversial, bipartisan bills that he just doesn’t like,” Durbin said.
No list of Coburn’s targets exists, because Democrats have not taken the steps needed to publicly expose them.
Holds are traditionally recognized as a privilege of individual senators, but the ethics and lobbying overhaul enacted last year (PL 110-81) requires that a lawmaker publicly explain the reasons for a hold within six days of using one to block a bill.
To trigger that requirement, Reid would have to formally try to call up each Coburn-targeted bill on the Senate floor. Coburn then would have six days to identify himself or drop his hold.
But the Democrats’ bid to flush out Coburn’s holds could become difficult as well as tedious. If the Oklahoman got help from some GOP colleagues, they could force the majority to stop and restart the six-day clock repeatedly as one senator dropped a hold on a bill and another senator slapped one on — a tactic known as an “anonymous rolling hold.”
A floor debate in December, during which Reid and other Democratic leaders complained about GOP tactics, provides clues to other bills Democrats might try to free from Coburn’s hit list.
Democrats complained then that Republicans were blocking legislation that would authorize funding for investigations of pre-1970 civil rights crimes (HR 923), expand paralysis research (S 1183) and provide grants for closed captioning of broadcasts (S 675).
The public lands package, which combined dozens of small bills designating new park, wilderness and scenic areas, is the model as Democrats put together their next Coburn-thwarting maneuver.
To ease passage of the public lands measure, Reid promised Coburn the chance to offer a limited number of amendments.
But after the majority leader objected to a Coburn proposal that would have eased restrictions on firearms in national parks, the package stalled for months, prompting Coburn to charge that Reid reneged on their agreement.
Coburn eventually got to offer four amendments — all of which were defeated — but not the guns measure.
Coburn was one of four senators, all Republicans, who ultimately voted against passage of the public lands bill.
This time around, Reid could file a motion to limit debate on taking up the new package and either strike a deal with Coburn to allow specified amendments or, more likely, employ a parliamentary tactic known as “filling the tree” to block amendments. Reid could then file a cloture motion on the underlying bill. If Reid can muster at least 60 votes, he could pass the legislation despite any objections.
One way or another, Durbin said, “We are going to get to a vote.”
Source: CQ Today Print Edition
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