I 
115TH CONGRESS 
1ST SESSION H. R. 1272 
To provide for the expeditious disclosure of records related to civil rights 
cold cases, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2017 
Mr. RUSH introduced the following bill; which was referred to the Committee 
on Oversight and Government Reform 
A BILL 
To provide for the expeditious disclosure of records related 
to civil rights cold cases, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cold Case Record Col-
lections Act of 2017’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) All government records related to civil 
rights cold cases shall be preserved for historical and 
governmental purposes. 
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(2) All government records concerning civil 
rights cold cases shall carry a presumption of imme-
diate disclosure, and all records shall be eventually 
disclosed to enable the public to become fully in-
formed about the history surrounding the cases. 
(3) Legislation is necessary to create an en-
forceable, independent, and accountable process for 
the public disclosure of such records. 
(4) Legislation is necessary because congres-
sional records related to civil rights cold cases would 
not otherwise be subject to public disclosure. 
(5) Legislation is necessary because section 552 
of title 5, United States Code (commonly known as 
the Freedom of Information Act), as implemented by 
the executive branch, has prevented the timely and 
adequate public disclosure of records relating to civil 
rights cold cases. 
(6) Legislation is necessary because Executive 
Order 13526 (75 Fed. Reg. 707; relating to classi-
fied national security information), while eliminating 
the declassification and downgrading of schedules re-
lating to classified information across government, 
has not resulted in the timely and adequate public 
disclosure of records relating to civil rights cold 
cases. 
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(7) Most of the records related to the civil 
rights cold cases are almost 50 years old and only 
in the rarest cases is there any legitimate need for 
continued protection of such records. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ARCHIVIST.—The term ‘‘Archivist’’ means 
the Archivist of the United States. 
(2) CIVIL RIGHTS COLD CASE.—The term ‘‘Civil 
Rights Cold Case’’ means any unsolved case related 
to criminal civil rights statutes specifically— 
(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 ser-
vitude and peonage); 
(E) section 901 of the Fair Housing Act 
(42 U.S.C. 3631); and 
(F) any other Federal law that— 
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(i) was in effect on or before Decem-
ber 31, 1969; and 
(ii) the criminal section of the Civil 
Rights Division of the Department of Jus-
tice enforced, prior to the date of enact-
ment of this Act. 
(3) 
COLLECTION.—The 
term 
‘‘Collection’’ 
means the Civil Rights Cold Cases Collection estab-
lished under section 4. 
(4) EXECUTIVE AGENCY.—The term ‘‘Executive 
Agency’’ means an executive agency as defined in 
subsection 552(f) of title 5, United States Code, and 
includes any executive department, military depart-
ment, Government Corporation, government con-
trolled corporation, or other establishment in the ex-
ecutive branch of the government, including the Ex-
ecutive Office of the President, or any independent 
regulatory agency. 
(5) GOVERNMENT OFFICE.—The term ‘‘Govern-
ment office’’ means any office of the Federal Gov-
ernment that has possession or control of civil rights 
cold cases records. 
(6) GOVERNMENT OFFICIAL.—The term ‘‘Gov-
ernment official’’ means any officer or employee of 
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the United States, including elected and appointed 
officials. 
(7) IDENTIFICATION AID.—The term ‘‘Identi-
fication aid’’ means the written description prepared 
for each record as required in section 224. 
(8) NATIONAL ARCHIVES.—The term ‘‘National 
Archives’’ means the National Archives and Records 
Administration and all components thereof, includ-
ing Presidential archival depositories established 
under section 2112 of title 44, United States Code. 
(9) OFFICIAL INVESTIGATION.—The term ‘‘Of-
ficial Investigation’’ means the reviews of Civil 
Rights Cold Cases conducted by any entity of the 
Federal Government either independently, at the re-
quest of any Presidential commission or congres-
sional committee, or at the request of any govern-
ment official. 
(10) ORIGINATING
BODY.—The term ‘‘Origi-
nating body’’ means the executive agency, govern-
ment commission, congressional committee, or other 
governmental entity that created a record or par-
ticular information within a record. 
(11) PUBLIC INTEREST.—The term ‘‘Public in-
terest’’ means the compelling interest in the prompt 
public disclosure of Civil Rights Cold Cases records 
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for historical and governmental purposes and for the 
purpose of fully informing the American people 
about the history surrounding all Civil Rights Cold 
Cases in the United States. 
(12) RECORD.—The term ‘‘Record’’ includes a 
book, paper, map, photograph, sound or video re-
cording, machine readable material, computerized, 
digitized, or electronic information, regardless of the 
medium on which it is stored, or other documentary 
material, regardless of its physical form or charac-
teristics. 
(13) CIVIL RIGHTS COLD CASE RECORD.—The 
term ‘‘Civil Rights Cold Case Record’’ means a 
record that is related to Civil Rights Cold Cases, 
that was created or made available for use by, ob-
tained by, or otherwise came into the possession 
of— 
(A) the Library of Congress; 
(B) the National Archives and Records Ad-
ministration; 
(C) any executive agency; 
(D) any independent agency; 
(E) any other entity of the Federal Gov-
ernment; and 
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(F) any State or local government, or com-
ponent thereof, that provided support or assist-
ance or performed work in connection with a 
Federal inquiry into Civil Rights Cold Cases. 
(14) REVIEW
BOARD.—The term ‘‘Review 
Board’’ means the Civil Rights Cold Cases Records 
Review Board established by section 6. 
(15) THIRD AGENCY.—The term ‘‘Third agen-
cy’’ means an executive agency that originated a 
Civil Rights Cold Case record that is in the posses-
sion of another agency. 
(16) WIDELY ACCESSIBLE FORMAT.—The term 
‘‘Widely accessible format’’ refers to an open format 
that is platform independent, machine readable, and 
made available to the public without restrictions that 
would impede the re-use of that information. 
SEC. 4. CIVIL RIGHTS COLD CASE RECORDS COLLECTION 
AT THE NATIONAL ARCHIVES AND RECORD 
ADMINISTRATION. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT
OF
THE
CIVIL
RIGHTS 
COLD CASE RECORDS COLLECTION.—Not later than 
60 days after the date of the enactment of this Act, 
the Archivist shall— 
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(A) establish a collection of cold case 
records to be known as the ‘‘Civil Rights Cold 
Case Records Collection’’ that ensures the phys-
ical integrity and original provenance of all 
records in the Collection; and 
(B) prepare and publish the subject guide-
book and index to the Collection. 
(2) CONTENTS OF COLLECTION.—The Collec-
tion shall include— 
(A) a copy of each cold case record that 
shall be transmitted to the Archivist in accord-
ance with section 2107 of title 44, United 
States Code; 
(B) each cold case record— 
(i) that has been transmitted to the 
Archivist or disclosed to the public in an 
unredacted form before the date of the en-
actment of this Act; 
(ii) that is required to be transmitted 
to the Archivist; and 
(iii) the disclosure of which is post-
poned under this Act; 
(C) a central directory comprised of identi-
fication aids created for each record trans-
mitted to the Archivist under section 5; and 
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(D) all Review Board records as required 
by this Act. 
(b) DISCLOSURE OF RECORDS.—All cold case records 
transmitted to the Archivist for disclosure to the public 
shall be included in the Collection and shall be available 
to the public for inspection and copying at the National 
Archives within 30 days after the transmission of such 
record to the Archivist. 
(c) FEES FOR COPYING.—The Archivist shall— 
(1) use efficient electronic means when possible; 
(2) charge fees for copying cold case records; 
and 
(3) grant waivers of such fees pursuant to the 
standard established by section 552(a)(4) of title 5, 
United States Code. 
(d) ADDITIONAL REQUIREMENTS.—The Archivist, in 
consultation with the Information Security Oversight Of-
fice, shall ensure the security of the postponed cold case 
records in the Collection. 
(e) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall— 
(1) transmit to the Archivist and make avail-
able to the public not later than 300 days after the 
date of the enactment of this Act, each cold case 
record that can be publicly disclosed including any 
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such record that is publicly available on the date of 
enactment of this Act, without any redaction, adjust-
ment, or withholding under the standards of this 
Act; and 
(2) transmit to the Archivist upon approval for 
postponement by the Review Board or upon comple-
tion of other action authorized by this Act, each cold 
case record for which public disclosure has been 
postponed, in whole or in part, under the standards 
of this Act, to become part of the protected Collec-
tion. 
(f) 
CUSTODY
OF
POSTPONED
COLD
CASE 
RECORDS.—A cold case record for which public disclosure 
has been postponed shall, pending transmission to the Ar-
chivist, be held for reasons of security and preservation 
by the originating body until such time as the information 
security program has been established at the National Ar-
chives as required in section 4(c)(2). 
(g) PERIODIC REVIEW OF POSTPONED COLD CASE 
RECORDS.— 
(1) IN GENERAL.—Each postponed or redacted 
record shall be reviewed every 180 days by the origi-
nating agency and the Archivist consistent with the 
recommendations of the Review Board under section 
8(c)(3)(B). 
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(2) REQUIREMENTS
OF
PERIODIC
REVIEW.— 
The periodic review shall— 
(A) address the public disclosure of addi-
tional cold case records in the Collection under 
the standards of this Act; and 
(B) serve to downgrade and declassify clas-
sified information, with the presumption of pro-
viding public disclosure. 
(3) UNCLASSIFIED
WRITTEN
DESCRIPTION.— 
Any postponed cold case record that is determined 
to require continued postponement shall include an 
unclassified written description of the reason for 
such continued postponement. Such description shall 
be provided to the Archivist and published in the 
Federal Register upon determination. 
(4) FULL DISCLOSURE OF COLD CASE RECORD 
REQUIRED.—Each cold case record shall be publicly 
disclosed in full, and available in the Collection not 
later than 25 years after the date of enactment of 
this Act unless— 
(A) continued postponement is made nec-
essary by an identifiable harm to military de-
fense, intelligence operations, or the conduct of 
foreign relations; and 
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(B) the identifiable harm is of such gravity 
that it outweighs the public interest in disclo-
sure. 
(h) DIGITIZATION OF RECORDS.—Executive branch 
agencies shall make text searchable documents available 
to the Review Board pursuant to standards established by 
section 552(a)(3) of title 5, United States Code. 
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLO-
SURE OF RECORDS. 
Disclosure of Civil Rights Cold Case records or par-
ticular information within a cold case record to the public 
may be postponed subject to the limitations of this Act 
if there is clear and convincing evidence that: 
(1) The threat to the military defense, intel-
ligence operations, or the conduct of domestic affairs 
of the United States posed by the public disclosure 
of the cold case record is of such gravity that the 
disclosure outweighs the public interest and would 
reveal— 
(A) an intelligence source or method that 
is currently used, or reasonably expected to be 
used, by the United States Government and 
which has not been officially disclosed, the dis-
closure of which would interfere with the con-
duct of intelligence activities; or 
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(B) any other matter relating to the mili-
tary defense, intelligence operations, or conduct 
of foreign relations with the United States, the 
disclosure of which would demonstrably impair 
the national security of the United States. 
(2) The public disclosure of the cold case record 
would reveal the name or identity of a living person 
who provided confidential information to the United 
States and would pose a substantial risk of harm to 
that person. 
(3) The public disclosure of the cold case record 
could reasonably be expected to constitute an unwar-
ranted invasion of personal privacy, and that inva-
sion of privacy is so substantial that the protection 
of privacy outweighs the public interest. 
(4) The public disclosure of the cold case record 
would compromise the existence of an understanding 
of confidentiality currently requiring protection be-
tween a Government agent and a cooperating indi-
vidual or group and public disclosure would be so 
harmful that the understanding of confidentiality 
outweighs the public interest. 
(5) The public record of the cold case record 
would reveal a security or protective procedure used, 
or reasonably expected to be used, by the United 
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States Secret Service or another executive agency re-
sponsible for protecting Government officials, and 
public disclosure would be so harmful that protective 
procedure outweighs the public interest. 
SEC. 6. ESTABLISHMENT AND POWERS OF THE COLD CASE 
RECORDS REVIEW BOARD. 
(a) ESTABLISHMENT.—There is established, as an 
independent agency, a board to be known as the Cold Case 
Records Review Board. 
(b) APPOINTMENT.—(1) The President shall appoint 
5 persons to serve as members of the Review Board to 
ensure and facilitate the review, transmission to the Archi-
vist, and public disclosure of government records related 
to civil rights cold cases. 
(2) Initial appointments to the Review Board shall, 
so far as practicable, be made not later than 30 days after 
the enactment of this Act. 
(3) In making appointments to the Review Board the 
President shall consider any persons recommended by the 
American Historical Association, the Organization of 
American Historians, the Society of American Archivists, 
and the American Bar Association. 
(4) If an organization described in paragraph (3) 
does not recommend at least two nominees meeting the 
qualifications stated in paragraph (4) within 30 days after 
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the enactment of this Act, the requirements of paragraph 
(2) shall be extended until such recommendations are 
made or 60 days, whichever comes first. 
(5) The President may request any organization de-
scribed in paragraph (2) to submit additional nominations. 
(6) Persons nominated to the Review Board shall— 
(A) be impartial private citizens, none of whom 
is presently employed by any branch of the Govern-
ment, and none of whom shall have had any previous 
involvement with any official investigation or inquiry 
conducted by the Federal Government, or any State 
or local government, relating to any Civil Rights 
Cold Cases; 
(B) be distinguished persons of high national 
professional reputation in their respective fields who 
are capable of exercising the independent and objec-
tive judgment necessary to fulfill their role in ensur-
ing and facilitating the review, transmission to the 
public, and public disclosure of files related to Cold 
Cases and who possess an appreciation of the value 
of such material to the public, scholars, and govern-
ment; and 
(C) include at least one professional historian 
and one attorney. 
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(c) SECURITY
CLEARANCES.—All Review Board 
nominees shall be processed for the necessary security 
clearances in an accelerated manner subject to the stand-
ard procedures for granting such clearances. 
(d) VACANCY.—A vacancy on the Review Board shall 
be filled in the same manner as the original appointment 
within 30 days of the occurrence of the vacancy. 
(e) CHAIRPERSON.—The members of the Review 
Board shall elect one of its members as chairperson. 
(f) REMOVAL OF REVIEW BOARD MEMBER.— 
(1) No member of the Review Board shall be 
removed from office, other than— 
(A) by impeachment and conviction; or 
(B) by the action of the President for inef-
ficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, or any 
other condition that substantially impairs the 
performance of the member’s duties. 
(2)(A) If a member of the Review Board is re-
moved from office, and that removal is by the Presi-
dent, not later than 10 days after the removal the 
President shall submit to the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
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cluding an explanation of the application of any 
standards in section 5. 
(d) PRESIDENTIAL
AUTHORITY
OVER
REVIEW 
BOARD DETERMINATION.— 
(1) PUBLIC
DISCLOSURE
OR
POSTPONEMENT 
OF DISCLOSURE.—After the Review Board has made 
a formal determination concerning the public disclo-
sure or postponement of disclosure of an executive 
branch cold case record or information contained in 
an cold case record, obtained or developed solely 
within the executive branch, the President shall have 
the sole and nondelegable authority to require the 
disclosure or postponement of such record or infor-
mation under the standards set forth in section 5, 
and the President shall provide the Review Board 
with an unclassified written certification specifying 
the President’s decision within 30 days after the Re-
view Board’s determination and notice to the execu-
tive branch agency as required under this Act, stat-
ing the justification for the President’s decision, in-
cluding the applicable grounds for postponement 
under section 5, accompanied by a copy of the iden-
tification aid required under section 4. 
(2) PERIODIC REVIEW.—Any executive branch 
cold case record postponed by the President shall be 
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