H. Rept. 110-200 - 110th Congress (2007-2008)
June 19, 2007, As Reported by the Judiciary Committee

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House Report 110-200 - EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT OF 2007




[House Report 110-200]
[From the U.S. Government Printing Office]



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.
---------------------------------------------------------------------------
    \1\ Shaila Dewan, Push to resolve fading killings of rights era, 
N.Y. Times, Feb. 3, 2007, at A11.
    \2\ Id.
---------------------------------------------------------------------------
    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:

        
 Lthe 1968 ``Orangeburg Massacre'' at South 
        Carolina State University where State police shot and 
        killed three student protesters;

        
 Lthe 1967 shooting death of Carrie Brumfield, 
        whose body was found on a rural Louisiana road;

        
 Lthe 1957 murder of Willie Joe Sanford, whose 
        body was fished out of a creek in Hawkinsville, 
        Georgia;

        
 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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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

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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.