[DOCID: f:hr200.110]
From the House Reports Online via GPO Access
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-200
======================================================================
EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT
OF 2007
_______
June 19, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 923]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 923) 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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 4
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Performance Goals and Objectives................................. 9
Constitutional Authority Statement............................... 9
Advisory on Earmarks............................................. 9
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till Unsolved Civil Rights
Crime Act of 2007''.
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 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.
(b) Responsibility.--
(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.
(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 and,
in conducting the study, shall determine--
(A) the number of open investigations within the
Department for violations of criminal civil rights
statutes that occurred not later than December 31,
1969;
(B) the number of new cases opened pursuant to this
Act since the previous year's study;
(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;
(D) the number of cases referred by the Department
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;
(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;
(F) the number of attorneys who worked, in whole or
in part, on any case described in subsection (b)(1);
and
(G) the applications submitted for grants under
section 5, the award of such grants, and the purposes
for which the grant amount were expended.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, and 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 that occurred not later than December 31, 1969,
and resulted in a death.
(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 by them of criminal offenses, involving
civil rights, that occurred not later than December 31, 1969, and
resulted in a death.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of the fiscal years 2008 through 2017
to carry out this section.
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 the
fiscal years 2008 through 2017 for the purpose of investigating and
prosecuting violations of criminal civil rights statutes that occurred
not later than December 31, 1969, and resulted in a death. These funds
shall be allocated by the Attorney General to the Deputy Chief of the
Criminal Section of the Civil Rights Division and the Supervisory
Special Agent of the Civil Rights Unit of the Federal Bureau of
Investigation in order to advance the purposes set forth in this Act.
(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 4(b).
SEC. 7. DEFINITION OF ``CRIMINAL CIVIL RIGHTS STATUTES''.
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, before
the date of enactment of this Act.
SEC. 8. SUNSET.
Sections 2 through 6 of this Act shall cease to have effect 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.''.
Purpose and Summary
H.R. 923, the ``Emmett Till Unsolved Civil Rights Crime Act
of 2007,'' is intended to expand the prosecution of unsolved
civil rights crimes resulting in death that occurred on or
before December 31, 1969 by authorizing additional funding to
the Criminal Section of the Civil Rights Section of the
Department of Justice (DOJ), the Civil Rights Section of the
Federal Bureau of Investigation (FBI), and the FBI's Community
Relations Department. The bill would designate specific
administrative authority for the investigation and prosecution
of unsolved Civil Rights Era crimes and require an annual
accounting to Congress on the progress of the investigative
initiatives, with a 10-year sunset provision. In addition, the
bill amends the Crime Control Act of 1990 to authorize
Inspector General staff to assist the National Center for
Missing and Exploited Children by conducting reviews of
inactive case files to develop recommendations for further
investigations.
Background and Need for the Legislation
The press and the civil rights community have reported that
for every infamous killing that tore at the South in the 1950's
and '60's, there were many more that were barely noted, much
less investigated. Virtually all such cases gained momentum
only when the victims of the past found voices in the
present.\1\ Despite high-profile convictions over the last two
decades, there are many killers from the Civil Rights Era who
have not yet been brought to justice. Indeed, many surviving
family members of African American victims did not even report
racist crimes in the belief that these crimes would not be
investigated and that seeking justice would subject them to
reprisal violence.\2\ Consequently, despite high-profile
convictions over the last two decades, most murderers from the
Civil Rights Era have not been brought to justice.
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\1\ Shaila Dewan, Push to resolve fading killings of rights era,
N.Y. Times, Feb. 3, 2007, at A11.
\2\ Id.
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Although many of the most notorious murders took place in
Mississippi, there were racially-motivated murders throughout
the South with many of the victims targeted because of their
involvement in civil rights work. Examples of these unsolved
cases include:
<bullet> Lthe 1968 ``Orangeburg Massacre'' at South
Carolina State University where State police shot and
killed three student protesters;
<bullet> Lthe 1967 shooting death of Carrie Brumfield,
whose body was found on a rural Louisiana road;
<bullet> Lthe 1957 murder of Willie Joe Sanford, whose
body was fished out of a creek in Hawkinsville,
Georgia;
<bullet> Lthe 1946 killing of a black couple, one of
whom was a pregnant woman; the couple was pulled out of
a car in Monroe, Georgia and dragged down a wagon trail
before being shot in front of 200 people.\3\
---------------------------------------------------------------------------
\3\ Patrik Jonsson, Feds Turn Up Heat to Solve Cold Cases of Civil
Rights Days, Christian Sci. Monitor, Apr. 4, 2007, at http://
www.csmonitor.com/2007/0404/p02s01-usju.htm.
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H.R. 923 is named after one of the most infamous of these
cases. Emmett Till was a 14-year-old boy from Chicago who
allegedly whistled at a white woman and thereafter was found
tortured and murdered. The killers--Roy Bryant, the woman's
husband, and J.W. Milam, his half-brother--were tried, but
acquitted by an all-white jury. Notably, a recent attempt to
obtain a Federal indictment in this case was unsuccessful.
The FBI has recently made an effort to reopen some of these
cold cases. Earlier this year, FBI Director Robert S. Mueller
announced that the Bureau had identified approximately 100
civil rights ``cold cases'' that merited further
investigation.\4\ He stated, ``We will do everything we can to
close those cases, and to close this dark chapter in our
nation's history.'' \5\ Director Mueller explained:
---------------------------------------------------------------------------
\4\ Robert S. Mueller, III, Director, Federal Bureau of
Investigation, Speech at the News Conference on the U.S. Department of
Justice Civil Rights Cold Case Initiative (Feb. 27, 2007), at http://
www.fbi.gov/pressrel/speeches/mueller022707.htm. The Southern Poverty
Law Center has identified its own list of 74 unresolved killings, many
involving white police officers who allegedly shot or beat to death
black victims. Patrik Jonsson, Feds Turn Up Heat to Solve Cold Cases of
Civil Rights Days, Christian Sci. Monitor, Apr. 4, 2007, at http://
www.csmonitor.com/2007/0404/p02s01-usju.htm.
\5\ Robert S. Mueller, III, Director, Federal Bureau of
Investigation, Speech at the News Conference on the U.S. Department of
Justice Civil Rights Cold Case Initiative (Feb. 27, 2007), at http://
www.fbi.gov/pressrel/speeches/mueller022707.htm.
[M]any murders during the Civil Rights era were not
fully investigated, were covered up, or were
misidentified as an accidental death or disappearance.
Many trails ran cold, and many cases were effectively
closed.\6\
---------------------------------------------------------------------------
\6\ Id.
Investigators have made some progress on these old cases,
in part because of the recent cooperation between Federal and
local law enforcement officers on crimes involving drugs and
weapons. In addition, the press has played a crucial role in
bringing the stories of racial violence during the Civil Rights
Era to light. In some cases, reporters have tracked down
perpetrators and built the initial records supporting
prosecution. Experts also claim that societal changes have
helped change the climate so that some of these old cases may
be brought. As one observer noted, ``Many segregationist
viewpoints have died with the previous generation or mellowed
with age. . . . And, in hindsight, many see that the biblical
justification for violence . . . was misguided.'' \7\
---------------------------------------------------------------------------
\7\ Patrik Jonsson, Feds Turn Up Heat to Solve Cold Cases of Civil
Rights Days, Christian Sci. Monitor, Apr. 4, 2007, at http://
www.csmonitor.com/2007/0404/p02s01-usju.htm.
---------------------------------------------------------------------------
A major trial concerning one of these unsolved civil rights
crimes is currently taking place in Jackson, Mississippi. Klan
member James Seale has been charged with the 1964 abduction,
beating and drowning of two black teenagers, Charles Eddie
Moore and Henry Hezekiah Dee.\8\ Mr. Seale and Charles Edwards
were originally arrested in 1964, but the state of Mississippi
dismissed all charges against them. The DOJ reopened the case
in 2000 and Mr. Edwards was subsequently granted immunity to
testify for the prosecution.\9\
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\8\ Jury Selection Begins in 1964 Mississippi Murder Case, Assoc.
Press, May 30, 2007.
\9\ Id. The case has been the subject of a documentary made by
David Ridgen of the Canadian Broadcasting Corp. called ``Mississippi
Cold Case,'' which aired June 2, 2007 on MSNBC. Id.
---------------------------------------------------------------------------
Some have questioned the value of prosecuting cases that
are so old. Nevertheless, Rita Bender, the widow of slain civil
rights worker Michael Schwerner, describes what it is like for
the families of the victims who never received justice:
On the one hand, you could say it's old because it
happened so long ago. . . . On the other hand, the very
fact that there has been no acknowledgment until now
indicates that it is not old history. It is present
business.'' \10\
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\10\ Jury Selection Begins in 1964 Mississippi Murder Case, Assoc.
Press, May 30, 2007.
H.R. 923 does not seek to establish or expand Federal
jurisdiction to prosecute civil rights crimes; it merely
authorizes funding to establish a special program within the
DOJ to do so. Under current law, the Federal criminal civil
rights statutes have a 5-year statute of limitations from the
date of the incident, which limits the scope of criminal
prosecutions. Assistant Attorney General William Moschella
expressed concern that legislation, which conferred Federal
jurisdiction to prosecute civil rights crimes, could possibly
violate the Ex Post Facto Clause of the U.S. Constitution. He
---------------------------------------------------------------------------
explained:
``[T]he Constitution bars S. 2679 (legislation
introduced in the 109th Congress) from retroactively
conferring Federal jurisdiction to prosecute such civil
rights crimes. Two of the most important Federal
statutes for prosecuting racially motivated homicides,
18 U.S.C. sec. 245 and 42 U.S.C. sec. 3631, were not
enacted until 1968. Moreover, for crimes committed
prior to December 31, 1969, virtually all Federal
criminal civil rights statutes carried a 5-year statute
of limitations, even where death resulted.\11\
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\11\ Letter from William E. Moschella, Assistant Attorney General,
to Jim Talent, U.S. Senator (June 27, 2006) (on file with the U.S.
Senate Judiciary Committee).
The Federal Government is limited in what kinds of
prosecutions it can bring regarding these cases. Specifically,
the DOJ would not likely be able to establish Federal
jurisdiction by virtue of the fact that the crime was a civil
rights crime. Rather, there would need to be another basis on
which to establish Federal jurisdiction. Therefore, many, if
not most, of these crimes will actually have to be brought at
the State and local level.
Hearings
The Committee's Subcommittee on the Constitution, Civil
Rights, and Civil Liberties and the Subcommittee on Crime,
Terrorism, and Homeland Security jointly held 1 day of hearings
on H.R. 923 on June 12, 2007. Testimony was received from
Myrlie Evers-Williams, activist, community leader and widow of
slain civil rights activist Medgar Evers; Richard Cohen,
President and Chief Executive Officer of the Southern Poverty
Law Center; G. Douglas Jones, former United States Attorney for
the Northern District of Alabama; Rita Bender, attorney,
activist and widow of slain civil rights activist Michael
Schwerner; Alvin Sykes, President of the Emmett Till Justice
Campaign, Inc.; and Grace Chung Becker, Deputy Assistant
Attorney General in the DOJ Civil Rights Division.
Committee Consideration
On June 12, 2007, the Subcommittee on Constitution, Civil
Rights, and Civil Liberties met in open session and ordered the
bill H.R. 923 favorably reported, as amended, by voice vote, a
quorum being present. On June 13, 2007, the Committee met in
open session and ordered the bill H.R. 923 favorably reported
with an amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 923.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 923, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 923, the Emmett
Till Unsolved Civil Rights Crime Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 923--Emmett Till Unsolved Civil Rights Crime Act of 2007.
SUMMARY
H.R. 923 would authorize the appropriation of $10 million a
year over the 2008-2017 period for the Department of Justice
(DOJ) to investigate and prosecute certain unsolved homicides
committed prior to 1970. The bill also would authorize the
appropriation of $3.5 million annually over the 2008-2017
period to provide technical assistance to State and local law
enforcement agencies, as well as make grants to those agencies
for expenses related to the investigation and prosecution of
such crimes. CBO estimates that implementing H.R. 923 would
cost $10 million in 2008 and $63 million over the 2008-2012
period, subject to appropriation of the authorized amounts.
Enacting this legislation would not affect direct spending or
revenues.
H.R. 923 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no cost on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 923 is shown in the
following table. The cost of this legislation falls within
budget function 750 (administration of justice).
BASIS OF ESTIMATE
For this estimate, CBO assumes that H.R. 923 would be
enacted near the end of fiscal year 2007 and that the
authorized amounts will be appropriated for each year. We
estimate that implementing H.R. 923 would cost a total of $10
million in 2008 and $63 million over the 2008-2012 period.
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Investigation and Prosecution of
Unsolved Crimes
Authorization Level 10 10 10 10 10
Estimated Outlays 9 10 10 10 10Grants to State and Local Law
Enforcement
Authorization Level 2 2 2 2 2
Estimated Outlays 0 1 1 2 2Community Relations Service
Authorization Level 2 2 2 2 2
Estimated Outlays 1 1 2 2 2 Total Changes
Authorization Level 14 14 14 14 14
Estimated Outlays 10 12 13 14 14
------------------------------------------------------------------------
Investigation and Prosecution of Unsolved Crimes
H.R. 923 would authorize the appropriation of $10 million a
year over the 2008-2017 period for the investigation and
prosecution of civil rights violations involving homicides
committed before 1970. The legislation would direct the
Attorney General to designate a Deputy Chief in the Civil
Rights Division of DOJ to coordinate with a newly created
Supervisory Special Agent in the Civil Rights Unit of the
Federal Bureau of Investigation to carry out those
responsibilities. Based on the spending patterns for similar
DOJ activities, CBO estimates that implementing this provision
would cost $9 million in 2008 and $49 million over the 2008-
2012 period.
Grants to State and Local Law Enforcement
H.R. 923 would authorize the appropriation of $2 million
annually over the 2008-2017 period for DOJ to make grants to
State and local law enforcement agencies to investigate and
prosecute certain civil rights cases. CBO estimates that
implementing this provision would cost $6 million over the
2008-2012 period.
Community Relations Service
H.R. 923 would authorize the appropriation of $1.5 million
a year over the 2008-2017 period for the Community Relations
Service of DOJ to aid in investigating and prosecuting those
unsolved civil rights cases. Costs would include technical
assistance and other expenses related to the coordination of
law enforcement officials and affected communities with DOJ.
CBO estimates that this provision would cost $1 million in 2008
and nearly $8 million over the 2008-2012 period.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 923 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments.
PREVIOUS CBO ESTIMATE
On June 19, 2007, CBO transmitted a cost estimate for S.
535, the Emmett Till Unsolved Civil Rights Crime Act, as
ordered reported by the Senate Committee on the Judiciary on
June 14, 2007. The two bills are very similar, and the CBO cost
estimates are identical.
ESTIMATE PREPARED BY:
Federal Costs: Daniel Hoople and Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
923 will assist in the investigation and prosecution of cold
cases from the Civil Rights Era and provide resources to fund
State and local investigations where Federal jurisdiction is
not available for the prosecution of these cases
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 18 of the
Constitution and section 5 of the 14th amendment.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 923 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Emmett Till Unsolved Civil Rights Crime
Act of 2007.''
Sec. 2. Sense of Congress. Section 2 expresses a sense of
the Congress that the Department of Justice should
expeditiously investigate and resolve unsolved civil rights era
murders and provide all necessary resources.
Sec. 3. Deputy Chief of the Criminal Section of the Civil
Rights Division. Section 3 requires the Attorney General to
designate a Deputy Chief of the Criminal Section of the Civil
Rights division to be responsible for coordinating the
investigation and prosecution of violations of criminal civil
rights statutes that occurred on or before December 31, 1969
and ended in death. It also requires a study and report to
Congress about the number of cases opened, the number of
Federal prosecutions commenced, the number of cases of State
and local prosecutions where the DOJ assisted, the number of
cases that have been closed, and the number of open pending
cases. The report shall be made not later than 6 months after
the enactment of the Act.
Sec. 4. Supervisory Special Agent in the Civil Rights Unit
of the Federal Bureau of Investigation. Section 4 requires the
Attorney General to designate a Supervisory Special Agent in
the Civil Rights Unit of the FBI to be responsible for
investigating violations of criminal civil rights statutes that
occurred on or before December 31, 1969 and resulted in death.
The Supervisory Special Agent is authorized to coordinate
investigations with State and local law enforcement agencies.
Sec. 5. Grants to State and Local Law Enforcement. Section
5 authorizes the Attorney General to award grants to State or
local law enforcement agencies for expenses associated with
their investigation and prosecution of unsolved civil rights
crimes that occurred on or before December 31, 1969 and
resulted in death. The provision authorizes $2 million to be
appropriated for each fiscal year 2008 through 2017 for the
purpose of carrying out this section.
Sec. 6. Authorization of Appropriations. This section
authorizes $10 million for each of the fiscal year 2008 through
2017 for the purpose of investigating and prosecuting
violations of criminal civil rights statutes that occurred on
or before December 31, 1969 and resulted in death. In addition,
section 6 authorizes the appropriation of $1.5 million for
fiscal year 2008 and each subsequent fiscal year to the
Community Relations Service of the Department of Justice to
enable the Service to carry out the functions described in
title X of the Civil Rights Act of 1964.
Sec. 7. Definitions. Section 7 of the bill defines
``criminal civil rights statutes'' for purposes of this Act.
Sec. 8. Sunset. Section 8 provides that sections 2 through
6 of the Act expire at the end of fiscal year 2017.
Sec. 9. Authority of Inspectors General. Section 9 amends
the Crime Control Act of 1990 to add a new provision
authorizing an Inspector General to designate staff to assist
the National Center for Missing and Exploited Children by
conducting reviews of inactive cases to develop recommendations
for further investigations. In addition, section 9 specifies
that an Inspector General may not permit staff to engage in
activities pursuant to this provision if such activities will
interfere with the Inspector General's duties under the
Inspector General Act of 1978.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE XXXVII OF THE CRIME CONTROL ACT OF 1990
* * * * * * *
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.
<all>