S.Amdt. 1709Senate109th Congress (2005-2007)

To establish an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice.

What it does: Adds Sec. 6__.(a) 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-- at the end of title VI
Sponsored by Jim TalentSen. Jim Talent (R-MO)
Submitted September 14, 2005

What it changes

1 change to H.R. 2862 · shown in the bill's text

Adds a section
  1. Adds Sec. 6__.(a) 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-- at the end of title VI

    Adds a section

    In H.R. 2862 · Reported to Senate

    Of the unobligated balances available under this heading, $103,502,000 are rescinded; of which $30,000,000 shall be from funding for J. Edgar Hoover Federal Bureau of Investigation Building tours; and of which $73,502,000 shall be from funding for the Federal Bureau of Investigation's failed computer modernization program. This Act may be cited as the "Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2006". Amend the title so as to read: "An Act making appropriations for the Departments of Commerce and Justice, Science, and related agencies, for the fiscal year ending September 30, 2006, and for other purposes.".

    Inserted: Sec. 6__.(a) 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--

    Inserted: (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

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

    Inserted: (b) In this section:

    Inserted: (1) The term "Chief" means the Chief of the Section.

    Inserted: (2) The term "criminal civil rights statutes" means--

    Inserted: (A) section 241 of title 18, United States Code (relating to conspiracy against rights);

    Inserted: (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law);

    Inserted: (C) section 245 of title 18, United States Code (relating to federally protected activities);

    Inserted: (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage);

    Inserted: (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and

    Inserted: (F) any other Federal law that--

    Show 15 more inserted paragraphs

    Inserted: (i) was in effect on or before December 31, 1969; and

    Inserted: (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act.

    Inserted: (3) The term "Section" (except when used as part of the term "Criminal Section") means the Unsolved Crimes Section established under subsection (c).

    Inserted: (c)(1) 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.

    Inserted: (2)(A) Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation--

    Inserted: (i) occurred not later than December 31, 1969; and

    Inserted: (ii) resulted in a death.

    Inserted: (B) After investigating a complaint under subparagraph (A), 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 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 State or local official regarding the appropriate venue for the case involved.

    Inserted: (C) After investigating a complaint under subparagraph (A), 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 clause (i) or (ii) of subparagraph (A).

    Inserted: (3)(A) The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases--

    Inserted: (i) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and

    Inserted: (ii) for which the Chief has insufficient evidence to prosecute those violations.

    Inserted: (B) 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 subparagraph (A), including a description of the cases described in subparagraph (A)(ii).

    Inserted: (4)(A) There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2006 and each subsequent fiscal year.

    Inserted: (B) Any funds appropriated under this paragraph shall consist of additional appropriations for the activities described in this subsection, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.

    Original wording

    At the end of title VI, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1709. Mr. SHELBY (for Mr. Talent (for himself and Mr. Dodd)) proposed an amendment to the bill H.R.

2862, making appropriations for Science, the Departments of State, Justice, and Commerce, and related agencies for the fiscal year ending September 30, 2006, and for other purposes; as follows:

At the end of title VI, insert the following:

Sec. 6__.(a) 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.

(b) In this section:

(1) The term “Chief” means the Chief of the Section.

(2) 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) The term “Section” (except when used as part of the term “Criminal Section”) means the Unsolved Crimes Section established under subsection (c).

(c)(1) 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.

(2)(A) Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation--

(i) occurred not later than December 31, 1969; and

(ii) resulted in a death.

(B) After investigating a complaint under subparagraph (A), 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 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 State or local official regarding the appropriate venue for the case involved.

(C) After investigating a complaint under subparagraph (A), 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 clause (i) or (ii) of subparagraph (A).

(3)(A) The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases--

(i) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and

(ii) for which the Chief has insufficient evidence to prosecute those violations.

(B) 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 subparagraph (A), including a description of the cases described in subparagraph (A)(ii).

(4)(A) There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2006 and each subsequent fiscal year.

(B) Any funds appropriated under this paragraph shall consist of additional appropriations for the activities described in this subsection, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.

Legislative Activity

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Senate amendment submitted

September 14, 2005

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Senate amendment submitted

September 14, 2005

Floor

Senate amendment agreed to: Amendment SA 1709 agreed to in Senate by Unanimous Consent.

September 14, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 1709 proposed by Senator Shelby for Senator Talent.

September 14, 2005

Floor

Amendment SA 1709 proposed by Senator Shelby for Senator Talent. (consideration: CR S10019-10021, S10026-10028; text: CR S10020) To establish an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice.

September 14, 2005

Floor

Amendment SA 1709 agreed to in Senate by Unanimous Consent.

September 14, 2005