PUBL344.PS

PUBLIC LAW 110–344—OCT. 7, 2008

EMMETT TILL UNSOLVED CIVIL RIGHTS

CRIME ACT OF 2007

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122 STAT. 3934 PUBLIC LAW 110–344—OCT. 7, 2008

Public Law 110–344

110th Congress

An Act

To provide for the investigation of certain unsolved civil rights crimes, 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 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) I

ENERAL

.—The Attorney General shall designate a

Deputy Chief in the Criminal Section of the Civil Rights Division

of the Department of Justice.

(b) R

ESPONSIBILITY

.—

(1) I

N 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) C

OORDINATION

.—In investigating a complaint under

paragraph (1), the Deputy Chief may coordinate investigative

activities with State and local law enforcement officials.

TUDY AND

EPORT

.—

(1) S

TUDY

.—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;

within the study period, including the case names, the

Designation.

28 USC 509 note.

Emmett Till

Unsolved

Civil Rights

Crime

Act of 2007.

Oct. 7, 2008

[H.R. 923]

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122 STAT. 3935 PUBLIC LAW 110–344—OCT. 7, 2008

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 partici-

pate 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) R

EPORT

.—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 con-

taining 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) I

ENERAL

.—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) R

ESPONSIBILITY

.—

(1) I

N 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) C

OORDINATION

.—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) I

ENERAL

.—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) A

UTHORIZATION OF

PPROPRIATIONS

.—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) I

ENERAL

.—There are authorized to be appropriated,

in addition to any other amounts otherwise authorized to be appro-

priated 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 stat-

utes that occurred not later than December 31, 1969, and resulted

in a death. These funds shall be allocated by the Attorney General

28 USC 509 note.

Designation.

28 USC 509 note.

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122 STAT. 3936 PUBLIC LAW 110–344—OCT. 7, 2008

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) C

OMMUNITY

ELATIONS

ERVICE OF THE

EPARTMENT OF

USTICE

.—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 inves-

tigation 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) I

ENERAL

.—An Inspector General appointed under sec-

tion 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) L

IMITATIONS

.—

‘‘(1) P

RIORITY

.—An Inspector General may not permit staff

to engage in activities described in subsection (a) if such activi-

ties will interfere with the duties of the Inspector General

under the Inspector General Act of 1978 (5 U.S.C. App.).

42 USC 5780a.

28 USC 509 note.

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122 STAT. 3937 PUBLIC LAW 110–344—OCT. 7, 2008

LEGISLATIVE HISTORY—H.R. 923 (S. 535):

HOUSE REPORTS: No. 110–200 (Comm. on the Judiciary).

SENATE REPORTS: No. 110–88 accompanying S. 535 (Comm. on the Judiciary).

CONGRESSIONAL RECORD:

Vol. 153 (2007): June 20, considered and passed House.

Vol. 154 (2008): Sept. 24, considered and passed Senate.

‘‘(2) F

UNDING

.—No additional funds are authorized to be

appropriated to carry out this section.’’.

Approved October 7, 2008.

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