HR 1272 · 115th Congress 2017–2019, ended

Cold Case Record Collections Act of 2017

Latest action · Sep 27, 2018 Ordered to be Reported in the Nature of a Substitute (Amended) by Unanimous Consent.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 1, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Cold Case Record Collections Act of 2017

This bill requires the National Archives and Records Administration (NARA) to establish a collection of cold case records about unsolved criminal civil rights cases that government offices must: (1) publicly disclose in the collection without redaction or withholding, or (2) submit to a protected collection of records for which public disclosure may be postponed.

The Cold Case Records Review Board is established as an independent agency of impartial private citizens to: (1) facilitate the review, transmission to NARA, and public disclosure of government records related to such cases; (2) hold hearings and render decisions on determinations by government offices to seek to postpone the disclosure of such records; (3) direct government offices to make information available to the board; (4) subpoena private persons to compel testimony and records; and (5) receive information from the public.

Postponement is permitted based on clear and convincing evidence that public disclosure would: (1) impair national security or reveal intelligence sources or methods; (2) reveal the name of, and pose substantial harm to, a living person who provided confidential information; (3) constitute an unwarranted invasion of personal privacy that outweighs the public interest; (4) compromise an understanding of confidentiality currently requiring protection between a government agent and a cooperating individual or group; or (5) reveal a security or protective procedure of the Secret Service or another executive agency responsible for protecting government officials.

NARA and the originating agency must review postponed or redacted records every 180 days. The reasons for any continuation of postponement must be published in the Federal Register.

Each cold case record shall be publicly disclosed and shall be available in NARA's collection not later than 25 years after enactment of this bill, unless: (1) continued postponement is made necessary by an identifiable harm to military defense, intelligence operations, or the conduct of foreign relations; and (2) the gravity of the identifiable harm outweighs the public interest in disclosure.

The President has sole and nondelegable authority to require disclosure or postponement of an executive branch cold case record under the grounds set forth in this bill after the board has made a formal determination concerning a record obtained or developed solely within the executive branch.

The board may request the Department of Justice to petition courts to release information related to cold cases under seal or held under the injunction of secrecy of a grand jury.

Cosponsors 24

Members who signed on, in the order they did. Signatures ran from Mar 22, 2017 to Aug 24, 2018.

SeatCosponsorSigned on
D-NJBonnie Watson ColemanMar 22, 2017
D-DCEleanor Holmes NortonMar 29, 2017
D-NYJose E. SerranoApr 6, 2017
D-WAPramila JayapalApr 6, 2017
R-NJChristopher H. SmithApr 26, 2017
R-NJThomas MacArthurApr 26, 2017
D-NJFrank Pallone, Jr.May 2, 2017
D-LACedric L. RichmondMay 16, 2017
D-WIGwen MooreJun 12, 2017
D-MOWm. Lacy ClayDec 13, 2017
D-ILJanice D. SchakowskyApr 24, 2018
D-CARo KhannaApr 24, 2018
D-INAndré CarsonMay 21, 2018
D-ALTerri A. SewellMay 21, 2018
R-NJLeonard LanceJun 6, 2018
D-ILRaja KrishnamoorthiJun 14, 2018
D-FLAlcee L. HastingsJul 23, 2018
D-MSBennie G. ThompsonJul 23, 2018
D-NJDonald M. Payne, Jr.Jul 23, 2018
D-GAHenry C. "Hank" Johnson, Jr.Jul 23, 2018
D-NYAdriano EspaillatJul 24, 2018
D-MDJamie RaskinJul 25, 2018
D-TNSteve CohenJul 25, 2018
D-NYYvette D. ClarkeAug 24, 2018

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseOversight and Government Reform Committee
Referred Mar 1, 2017Markup Sep 27, 2018

Actions 4

Everything that happened, newest first.

  1. Sep 27, 2018Committee Consideration and Mark-up Session Held.
  2. Sep 27, 2018Ordered to be Reported in the Nature of a Substitute (Amended) by Unanimous Consent.
  3. Mar 1, 2017Introduced in House
  4. Mar 1, 2017Referred to the House Committee on Oversight and Government Reform.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimate

  1. Dec 6, 2018H.R. 1272, Civil Rights Cold Case Records Collection Act of 2018As ordered reported by the House Committee on Oversight and Government Reform on September 27, 2018

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1: ``The Congress shall have power to . . . provide for the . . . general welfare of the United States . . .''; and Article I, Section 8, Clause 18: ``To make all laws which shall be necessary and proper for carrying into execution the foregoing powers . . .''

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 36, March 1, 2017, page H1464.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 3191Civil Rights Cold Case Records Collection Act of 2018Related billJan 8, 2019

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide for the expeditious disclosure of records related to civil rights cold cases, and for other purposes.
Short Titles as Introduced
Cold Case Record Collections Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

Text 1

Each version as it was printed, newest first.

  1. Mar 1, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.