[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Enrolled Bill (ENR)]

        S.3191

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
 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 Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Civil Rights Cold Case Records 
Collection Act of 2018''.
SEC. 2. 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--
            (A) arising out of events which occurred during the period 
        beginning on January 1, 1940 and ending on December 31, 1979; 
        and
            (B) related to--
                (i) section 241 of title 18, United States Code 
            (relating to conspiracy against rights);
                (ii) section 242 of title 18, United States Code 
            (relating to deprivation of rights under color of law);
                (iii) section 245 of title 18, United States Code 
            (relating to federally protected activities);
                (iv) sections 1581 and 1584 of title 18, United States 
            Code (relating to peonage and involuntary servitude);
                (v) section 901 of the Fair Housing Act (42 U.S.C. 
            3631); or
                (vi) any other Federal law that was--

                    (I) in effect on or before December 31, 1979; and
                    (II) enforced by the criminal section of the Civil 
                Rights Division of the Department of Justice before the 
                date of enactment of this Act.

        (3) Civil rights cold case record.--The term ``civil rights 
    cold case record'' means a record that--
            (A) is related to a civil rights cold case; and
            (B) was created or made available for use by, obtained by, 
        or otherwise came into the possession of--
                (i) the Library of Congress;
                (ii) the National Archives;
                (iii) any executive agency;
                (iv) any independent agency;
                (v) any other entity of the Federal Government; or
                (vi) any State or local government, or component 
            thereof, that provided support or assistance or performed 
            work in connection with a Federal inquiry into a civil 
            rights cold case.
        (4) Collection.--The term ``Collection'' means the Civil Rights 
    Cold Case Records Collection established under section 3.
        (5) Executive agency.--The term ``executive agency'' means an 
    agency, as defined in section 552(f) of title 5, United States 
    Code.
        (6) Government office.--The term ``Government office'' means 
    any office of the Federal Government that has possession or control 
    of 1 or more civil rights cold case records.
        (7) Government official.--The term ``Government official'' 
    means any officer or employee of the United States, including 
    elected and appointed officials.
        (8) National archives.--The term ``National Archives'' means 
    the National Archives and Records Administration and all components 
    thereof, including Presidential archival depositories established 
    under section 2112 of title 44, United States Code.
        (9) Official investigation.--The term ``official 
    investigation'' means the review of a civil rights cold case 
    conducted by any entity of the Federal Government either 
    independently, at the request of any Presidential commission or 
    congressional committee, or at the request of any Government 
    official.
        (10) Originating body.--The term ``originating body'' means the 
    executive agency, Government commission, congressional committee, 
    or other Governmental entity that created a record or particular 
    information within a record.
        (11) Public interest.--The term ``public interest'' means the 
    compelling interest in the prompt public disclosure of civil rights 
    cold case records for historical and Governmental purposes and for 
    the purpose of fully informing the people of the United States 
    about the history surrounding all civil rights cold cases in the 
    United States.
        (12) Record.--The term ``record'' has the meaning given the 
    term in section 3301 of title 44, United States Code.
        (13) Review board.--The term ``Review Board'' means the Civil 
    Rights Cold Case Records Review Board established under section 5.
SEC. 3. 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 enactment of 
    this Act, the Archivist shall--
            (A) commence establishing a collection of civil rights cold 
        case records to be known as the ``Civil Rights Cold Case 
        Records Collection'' that ensures the physical integrity and 
        original provenance of all records in the Collection;
            (B) commence preparing and publishing the subject guidebook 
        and index to the Collection; and
            (C) establish criteria for Government offices to follow 
        when transmitting copies of civil rights cold case records to 
        the Archivist, to include required metadata.
        (2) Contents of collection.--The Collection shall include--
            (A) a copy of each civil rights cold case record--
                (i) that has not been transmitted to the Archivist, 
            which shall be transmitted to the Archivist in accordance 
            with section 2107 of title 44, United States Code, by the 
            entity described in section 2(3)(B) in possession of the 
            civil rights cold case record, except in the case of a 
            State or local government;
                (ii) that has been transmitted to the Archivist or 
            disclosed to the public in an unredacted form before the 
            date of the enactment of this Act;
                (iii) that is required to be transmitted to the 
            Archivist; or
                (iv) the disclosure of which is postponed under this 
            Act; and
            (B) all Review Board records, as required under this Act.
    (b) Disclosure of Records.--All civil rights cold case records 
transmitted to the Archivist for disclosure to the public--
        (1) shall be included in the Collection;
        (2) not later than 60 days after the transmission of the record 
    to the Archivist, shall be available to the public for inspection 
    and copying at the National Archives; and
        (3) shall be prioritized for digitization by the National 
    Archives.
    (c) Fees for Copying.--The Archivist shall--
        (1) use efficient electronic means when possible;
        (2) charge fees for copying civil rights cold case records; and
        (3) grant waivers of such fees pursuant to the standard 
    established under section 552(a)(4) of title 5, United States Code.
    (d) Additional Requirements.--The Archivist shall ensure the 
security of civil rights cold case records in the Collection for which 
disclosure is postponed.
    (e) Transmission to the National Archives.--
        (1) In general.--Subject to paragraph (2), each Government 
    office shall, in accordance with the criteria established by the 
    Archivist under subsection (a)(1)(C)--
            (A) as soon as is reasonably practicable, and in any event 
        not later than 2 years after the date of the enactment of this 
        Act, transmit to the Archivist, for the Archivist to make 
        available to the public in accordance with subsection (b), a 
        copy of each civil rights cold case record that can be publicly 
        disclosed, including any such record that is publicly available 
        on the date of enactment of this Act, without any redaction, 
        adjustment, or withholding under the standards of this Act; and
            (B) transmit to the Archivist upon approval for 
        postponement by the Review Board or upon completion of other 
        action authorized by this Act, a copy of each civil rights 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 Collection.
        (2) Reopening of cases.--If, not later than 2 years after the 
    date of enactment of this Act, the Attorney General submits to the 
    Archivist a certification that the Attorney General intends to 
    reopen and pursue prosecution of the civil rights cold case to 
    which a civil rights cold case record relates, the Attorney General 
    shall transmit to the Archivist the civil rights cold case record 
    in accordance with paragraph (1)--
            (A) not later than 90 days after--
                (i) final judgment is entered in the proceedings 
            relating to the civil rights cold case; or
                (ii) proceedings relating to the civil rights cold case 
            are dismissed with prejudice; or
            (B) not later than the date that is 1 year after the date 
        on which the Attorney General submits to the Archivist the 
        certification, if an indictment or information has not been 
        filed with respect to the civil rights cold case.
    (f) Periodic Review of Postponed Civil Rights Cold Case Records.--
        (1) In general.--Each civil rights cold case record that is 
    redacted or for which public disclosure is postponed shall be 
    reviewed not later than December 31 each year by the entity 
    submitting the record and the Archivist, consistent with the 
    recommendations of the Review Board under section 7(c)(3)(B).
        (2) Requirements of periodic review.--The periodic review under 
    paragraph (1) shall address the public disclosure of additional 
    civil rights cold case records in the Collection under the 
    standards of this Act.
        (3) Unclassified written description.--Any civil rights cold 
    case record for which postponement of public disclosure is 
    continued shall include an unclassified written description of the 
    reason for such continued postponement, which shall be provided to 
    the Archivist and made available on a publicly accessible website 
    upon the determination to continue the postponement.
        (4) Full disclosure of civil rights cold case record 
    required.--
            (A) In general.--Each civil rights cold case record that is 
        not publicly disclosed in full as of the date on which the 
        Review Board terminates under section 5(n) 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--
                (i) the head of the originating body, an executive 
            agency, or other Government office recommends in writing 
            the exemption of the record or information, the release of 
            which would clearly and demonstrably be expected to--

                    (I) cause identifiable or describable damage to 
                national security, military defense, law enforcement, 
                intelligence operations, or the conduct of foreign 
                relations that is of such gravity that it outweighs the 
                public interest in disclosure; or
                    (II) reveal information described in paragraphs (1) 
                through (9) of section 3.3(b) of Executive Order 13526 
                (75 Fed. Reg. 707; relating to classified national 
                security information);

                (ii) the written recommendation described in clause 
            (i)--

                    (I) is provided to the Archivist not later than 180 
                days before the date that is 25 years after the date of 
                enactment of this Act; and
                    (II) includes--

                        (aa) a justification of the recommendation to 
                    postpone disclosure; and
                        (bb) a recommended specified time at which or a 
                    specified occurrence following which the material 
                    may be appropriately disclosed to the public under 
                    this Act; and
                (iii) the Archivist agrees with the written 
            recommendation described in clause (i).
            (B) Notification.--If the Archivist does not agree with the 
        recommendation described in subparagraph (A)(i), the Archivist 
        shall notify the head of the originating body, executive 
        agency, or other Government office making the recommendation 
        not later than 90 days before the date that is 25 years after 
        the date of enactment of this Act.
    (g) Digitization of Records.--Each executive agency shall make text 
searchable documents available to the Review Board pursuant to 
standards established under section 552(a)(3) of title 5, United States 
Code.
    (h) Notice Regarding Public Disclosure.--
        (1) Finding.--Congress finds that the public release of case-
    related documents and information without notice may significantly 
    affect the victims of the events to which the case relates and 
    their next of kin.
        (2) Notice.--Not later than 7 days before a civil rights cold 
    case record is publicly disclosed, the executive agency releasing 
    the civil rights cold case record, in coordination with the 
    Government office that had possession or control of the civil 
    rights cold case record, shall take all reasonable efforts to 
    provide the civil rights cold case record to the victims of the 
    events to which the civil rights cold case record relates, or their 
    next of kin.
SEC. 4. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
    Disclosure of civil rights cold case records or particular 
information within a civil rights cold case record to the public may be 
postponed subject to the limitations of this Act if disclosure would 
clearly and demonstrably be expected to--
        (1)(A) cause identifiable or describable damage to national 
    security, military defense, law enforcement, intelligence 
    operations, or the conduct of foreign relations that is of such 
    gravity that it outweighs the public interest in disclosure; or
        (B) reveal information described in paragraphs (1) through (9) 
    of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; 
    relating to classified national security information);
        (2)(A) reveal the name or identity of a living individual who 
    provided confidential information to the United States; and
        (B) pose a substantial risk of harm to that individual;
        (3) constitute an unwarranted invasion of personal privacy;
        (4)(A) compromise the existence of an understanding of 
    confidentiality currently requiring protection between a Government 
    agent and a cooperating individual or group; and
        (B) be so harmful that the understanding of confidentiality 
    outweighs the public interest;
        (5) endanger the life or physical safety of any individual; or
        (6) interfere with ongoing law enforcement proceedings.
SEC. 5. ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD CASE RECORDS 
REVIEW BOARD.
    (a) Establishment.--There is established, as an independent agency, 
a board to be known as the Civil Rights Cold Case Records Review Board.
    (b) Appointment.--
        (1) In general.--The President shall appoint, by and with the 
    advice and consent of the Senate, 5 individuals to serve as members 
    of the Review Board, to ensure and facilitate the review, 
    transmission to the Archivist, and public disclosure of civil 
    rights cold case records.
        (2) Initial appointment.--
            (A) In general.--Initial appointments to the Review Board 
        shall, so far as practicable, be made not later than 60 days 
        after the date of enactment of this Act.
            (B) Recommendations.--In making appointments to the Review 
        Board, the President may consider any individuals recommended 
        by the American Historical Association, the Organization of 
        American Historians, the Society of American Archivists, and 
        the American Bar Association.
            (C) Extension.--If an organization described in 
        subparagraph (B) does not recommend at least 2 nominees meeting 
        the qualifications stated in paragraph (3) within 60 days after 
        the date of enactment of this Act, the deadline under 
        subparagraph (A) shall be extended until the earlier of 60 days 
        after the date on which such recommendations are made or 120 
        days after the date of enactment of this Act.
            (D) Additional recommendations.--The President may request 
        that any organization described in subparagraph (B) submit 
        additional recommended nominees.
        (3) Qualifications.--Individuals nominated to the Review Board 
    shall--
            (A) not 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 case;
            (B) be distinguished individuals of high national 
        professional reputation in their respective fields who are 
        capable of exercising the independent and objective judgment 
        necessary to fulfill their role in ensuring and facilitating 
        the review, transmission to the public, and public disclosure 
        of files related to civil rights cold cases and who possess an 
        appreciation of the value of such material to the public, 
        scholars, and government; and
            (C) include at least 1 professional historian and 1 
        attorney.
    (c) Security Clearances.--All Review Board nominees shall be 
processed for the necessary security clearances in an accelerated 
manner by the appropriate Federal agencies and subject to the standard 
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 60 days of the 
occurrence of the vacancy.
    (e) Chairperson.--The members of the Review Board shall elect 1 of 
the members as chairperson.
    (f) Removal of Review Board Member.--
        (1) In general.--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 inefficiency, 
        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) Report.--
            (A) In general.--If a member of the Review Board is removed 
        from office, and that removal is by the President, not later 
        than 10 days after the removal, the President shall submit to 
        the Committee on Oversight and Government Reform of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report specifying the 
        facts found and the grounds for the removal.
            (B) Publication.--The President shall publish in the 
        Federal Register a report submitted under subparagraph (A), 
        except that the President may, if necessary to protect the 
        rights of a person named in the report or to prevent undue 
        interference with any pending prosecution, postpone or refrain 
        from publishing any or all of the report until the completion 
        of such pending cases or pursuant to privacy protection 
        requirements in law.
        (3) Judicial review.--
            (A) In general.--A member of the Review Board removed from 
        office may obtain judicial review of the removal in a civil 
        action commenced in the United States District Court for the 
        District of Columbia.
            (B) Relief.--The member may be reinstated or granted other 
        appropriate relief by order of the court.
    (g) Compensation of Members.--
        (1) In general.--A member of the Review Board shall be 
    compensated at a rate equal to the daily equivalent of the annual 
    rate of basic pay prescribed for level IV of the Executive Schedule 
    under section 5315 of title 5, United States Code, for each day 
    (including travel time) during which the member is engaged in the 
    performance of the duties of the Review Board.
        (2) Travel expenses.--A member of the Review Board shall be 
    allowed reasonable travel expenses, including per diem in lieu of 
    subsistence, at rates for employees of agencies under subchapter I 
    of chapter 57 of title 5, United States Code, while away from the 
    member's home or regular place of business in the performance of 
    services for the Review Board.
    (h) Duties of the Review Board.--
        (1) In general.--The Review Board shall consider and render 
    decisions on a determination by a Government office to seek to 
    postpone the disclosure of civil rights cold case records.
        (2) Decisions.--In carrying out paragraph (1), the Review Board 
    shall consider and render decisions on--
            (A) whether a record constitutes a civil rights cold case 
        record; and
            (B) whether a civil rights cold case record or particular 
        information in a record qualifies for postponement of 
        disclosure under this Act.
    (i) Powers.--
        (1) In general.--The Review Board shall have the authority to 
    act in a manner prescribed under this Act including the authority 
    to--
            (A) obtain access to civil rights cold case records that 
        have been identified and organized by a Government office;
            (B) direct a Government office to make available to the 
        Review Board, and if necessary investigate the facts 
        surrounding, additional information, records, or testimony from 
        individuals, which the Review Board has reason to believe is 
        required to fulfill its functions and responsibilities under 
        this Act;
            (C) subpoena private persons to compel the production of 
        documents and other records relevant to its responsibilities 
        under this Act;
            (D) require any Government office to account in writing for 
        the destruction of any records relating to civil rights cold 
        cases;
            (E) receive information from the public regarding the 
        identification and public disclosure of civil rights cold case 
        records; and
            (F) hold hearings, administer oaths, and subpoena documents 
        and other records.
        (2) Enforcement of subpoenas.--Any subpoena issued under this 
    subsection may be enforced by any appropriate Federal court acting 
    pursuant to a lawful request of the Review Board.
    (j) Witness Immunity.--The Review Board shall be considered to be 
an agency of the United States for purposes of chapter 601 of title 18, 
United States Code.
    (k) Oversight.--
        (1) In general.--The Committee on Oversight and Government 
    Reform of the House of Representatives and the Committee on 
    Homeland Security and Governmental Affairs of the Senate shall have 
    continuing oversight jurisdiction with respect to the official 
    conduct of the Review Board and the disposition of postponed 
    records after termination of the Review Board, and shall have 
    access to any records held or created by the Review Board.
        (2) Cooperation of review board.--The Review Board shall have a 
    duty to cooperate with the exercise of the oversight jurisdiction 
    described in paragraph (1).
    (l) Support Services.--The Administrator of General Services shall 
provide administrative services for the Review Board on a reimbursable 
basis.
    (m) Interpretive Regulations.--The Review Board may issue 
interpretive regulations.
    (n) Termination.--
        (1) In general.--The Review Board shall terminate not later 
    than 4 years after the date of enactment of this Act, except that 
    the Review Board may, by majority vote, extend its term for an 
    additional 1-year period if the Review Board has not completed its 
    work within that 4-year period.
        (2) Reports.--Before its termination, the Review Board shall 
    submit reports to the President and the Congress, including a 
    complete and accurate accounting of expenditures during its 
    existence, and shall complete all other reporting requirements 
    under this Act.
        (3) Transfer of records.--
            (A) In general.--Upon termination, the Review Board shall 
        transfer all of its records to the Archivist for inclusion in 
        the Collection.
            (B) Preservation of records.--The records of the Review 
        Board shall not be destroyed, except that the Archivist may 
        destroy routine administrative records covered by a general 
        records schedule following notification in the Federal Register 
        and after considering comments.
SEC. 6. REVIEW BOARD PERSONNEL.
    (a) Chief of Staff.--
        (1) Appointment.--Not later than 45 days after the initial 
    meeting of the Review Board, and without regard to political 
    affiliation, the Review Board shall appoint an individual to the 
    position of Chief of Staff of the Review Board.
        (2) Requirements.--The individual appointed as Chief of Staff--
            (A) shall be a citizen of the United States of integrity 
        and impartiality who is a distinguished professional; and
            (B) shall have had no previous involvement with any 
        official investigation or inquiry relating to civil rights cold 
        cases.
        (3) Candidate to have clearances.--A candidate for Chief of 
    Staff shall be granted the necessary security clearances in an 
    accelerated manner subject to the standard procedures for granting 
    such clearances.
        (4) Approval contingent on prior clearance.--A candidate for 
    Chief of Staff shall qualify for the necessary security clearance 
    prior to being appointed by the Review Board.
        (5) Duties.--The Chief of Staff shall--
            (A) serve as principal liaison to Government offices;
            (B) be responsible for the administration and coordination 
        of the Review Board's review of records;
            (C) be responsible for the administration of all official 
        activities conducted by the Review Board; and
            (D) have no authority to decide or determine whether any 
        record shall be disclosed to the public or postponed for 
        disclosure.
        (6) Removal.--The Chief of Staff shall not be removed except 
    upon a majority vote of the Review Board to remove the Chief of 
    Staff for cause on the grounds of inefficiency, neglect of duty, 
    malfeasance in office, physical disability, mental incapacity, or 
    any other condition that substantially impairs the performance of 
    the responsibilities of the Chief of Staff or the employees of the 
    Review Board.
    (b) Staff.--
        (1) Additional personnel.--The Review Board may, in accordance 
    with the civil service laws but without regard to civil service 
    laws and regulations for appointments in the competitive service 
    under subchapter I of chapter 33 of title 5, United States Code, 
    appoint and terminate additional employees as are necessary to 
    enable the Review Board and its Chief of Staff to perform their 
    duties.
        (2) Requirements.--An individual appointed as an employee of 
    the Review Board--
            (A) shall be a private citizen of integrity and 
        impartiality; and
            (B) shall have had no previous involvement with any 
        official investigation or inquiry relating to civil rights cold 
        cases.
        (3) Nominations.--Before making an appointment pursuant to 
    paragraph (1), the Review Board shall consider individuals 
    recommended by the American Historical Association, the 
    Organization of American Historians, the Society of American 
    Archivists, and the American Bar Association.
        (4) Security clearances.--A candidate shall qualify for the 
    necessary security clearance prior to being appointed by the Review 
    Board.
    (c) Compensation.--The Review Board shall fix the compensation of 
the Chief of Staff and other employees in accordance with title 5, 
United States Code, except that the rate of pay for the Chief of Staff 
and other employees may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of that title.
    (d) Advisory Committees.--The Review Board may create advisory 
committees to assist in fulfilling the responsibilities of the Review 
Board under this Act.
SEC. 7. REVIEW OF RECORDS BY THE REVIEW BOARD.
    (a) Custody of Records Reviewed by the Board.--Pending the outcome 
of the Review Board's review activity, a Government office shall retain 
custody of a civil rights cold case record for purposes of 
preservation, security, and efficiency, unless--
        (1) the Review Board requires the physical transfer of records 
    for reasons of conducting an independent and impartial review; or
        (2) such transfer is necessary for an administrative hearing or 
    other official Review Board function.
    (b) Startup Requirements.--The Review Board shall--
        (1) not later than 90 days after the date on which all members 
    of the Review Board are appointed, publish a schedule for review of 
    all civil rights cold case records in the Federal Register; and
        (2) not later than 180 days after the enactment of this Act, 
    begin its review of civil rights cold case records under this Act.
    (c) Determination of the Review Board.--
        (1) In general.--The Review Board shall direct that copies of 
    all civil rights cold case records be transmitted to the Archivist 
    and disclosed to the public in the Collection in the absence of 
    clear and convincing evidence that--
            (A) a Government record is not a civil rights cold case 
        record; or
            (B) a Government record or particular information within a 
        civil rights cold case record qualifies for postponement of 
        public disclosure under this Act, which shall include 
        consideration by the Review Board of relevant laws and policies 
        protecting criminal records of juveniles.
        (2) Postponement.--In approving postponement of public 
    disclosure of a civil rights cold case record, the Review Board 
    shall work to--
            (A) provide for the disclosure of segregable parts, 
        substitutes, or summaries of such a record; and
            (B) determine, in consultation with the originating body 
        and consistent with the standards for postponement under this 
        Act, which of the following alternative forms of disclosure 
        shall be made by the originating body:
                (i) Any reasonably segregable particular information in 
            a civil rights cold case record.
                (ii) A substitute record for that information which is 
            postponed.
                (iii) A summary of a civil rights cold case record.
        (3) Report.--With respect to each civil rights cold case record 
    or particular information in civil rights cold case records the 
    public disclosure of which is postponed under section 4, or for 
    which only substitutions or summaries have been disclosed to the 
    public, the Review Board shall create and transmit to the Archivist 
    a report containing--
            (A) a description of actions by the Review Board, the 
        originating body, the President, or any Government office 
        (including a justification of any such action to postpone 
        disclosure of any record or part of any record) and of any 
        official proceedings conducted by the Review Board with regard 
        to specific civil rights cold case records; and
            (B) a statement, based on a review of the proceedings and 
        in conformity with the decisions reflected therein, designating 
        a recommended specified time at which or a specified occurrence 
        following which the material may be appropriately disclosed to 
        the public under this Act.
        (4) Notice.--Not later than 14 days after the Review Board 
    makes a determination that a civil rights cold case record shall be 
    publicly disclosed in the Collection or postponed for disclosure 
    and held in the protected Collection, the Review Board shall notify 
    the head of the originating body of its determination and publish a 
    copy of the determination in the Federal Register.
        (5) Other notice.--Contemporaneous notice shall be made to the 
    President of Review Board determinations regarding executive branch 
    civil rights cold case records, and to the oversight committees 
    designated in this Act in the case of legislative branch records. 
    Such notice shall contain an unclassified written justification for 
    public disclosure or postponement of disclosure, including an 
    explanation of the application of any standards under section 4.
    (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 
    disclosure or postponement of disclosure of an executive branch 
    civil rights cold case record or information contained in a civil 
    rights 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 information under the standards set forth in section 
    4, and the President shall provide the Review Board with an 
    unclassified written certification specifying the President's 
    decision within 30 days after the Review Board's determination and 
    notice to the executive agency as required under this Act, stating 
    the justification for the President's decision, including the 
    applicable grounds for postponement under section 4.
        (2) Periodic review.--Any executive branch civil rights cold 
    case record for which public disclosure is postponed by the 
    President shall be subject to the requirements of periodic review 
    and declassification of classified information and public 
    disclosure in the Collection set forth in section 3.
        (3) Record of presidential postponement.--The Review Board 
    shall, upon its receipt, publish in the Federal Register a copy of 
    any unclassified written certification, statement, or other 
    materials transmitted by or on behalf of the President with regard 
    to postponement of the public disclosure of civil rights cold case 
    records.
    (e) Notice to the Public.--On each day that is on or after the date 
that is 60 days after the Review Board first approves the postponement 
of disclosure of a civil rights cold case record, the Review Board 
shall publish on a publicly available website a notice that summarizes 
the postponements approved by the Review Board or initiated by the 
President, including a description of the subject, originating body, 
length or other physical description, and each ground for postponement 
that is relied upon.
    (f) Reports by the Review Board.--
        (1) In general.--The Review Board shall report its activities 
    to the Speaker of the House of Representatives, the Minority Leader 
    of the House of Representatives, the Committee on Oversight and 
    Government Reform of the House of Representatives, the Majority 
    Leader of the Senate, the Minority Leader of the Senate, the 
    Committee on Homeland Security and Governmental Affairs of the 
    Senate, the President, the Archivist, and the head of any 
    Government office whose records have been the subject of Review 
    Board activity.
        (2) Deadlines.--Not later than 1 year after the date of 
    enactment of this Act, and every year thereafter until termination 
    of the Review Board, the Review Board shall issue a report under 
    paragraph (1).
        (3) Contents.--Each report under paragraph (1) shall include 
    the following information:
            (A) A financial report of the expenses for all official 
        activities and requirements of the Review Board and its 
        employees.
            (B) The progress made on review, transmission to the 
        Archivist, and public disclosure of civil rights cold case 
        records.
            (C) The estimated time and volume of civil rights cold case 
        records involved in the completion of the Review Board's 
        performance under this Act.
            (D) Any special problems, including requests and the level 
        of cooperation of Government offices, with regard to the 
        ability of the Review Board to operate as required by this Act.
            (E) A record of review activities, including a record of 
        postponement decisions by the Review Board or other related 
        actions authorized by this Act, and a record of the volume of 
        records reviewed and postponed.
            (F) Recommendations and requests to Congress for additional 
        authorization.
            (G) An appendix containing copies of reports of postponed 
        records to the Archivist required under subsection (c)(3) made 
        since the date of the preceding report under this subsection.
        (4) Notice of termination.--Not later than 90 days before 
    terminating, the Review Board shall provide written notice to the 
    President and the Congress of its intention to terminate its 
    operations at a specified date.
SEC. 8. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.
    (a) Materials Under the Seal of the Court.--
        (1) In general.--The Review Board may request the Attorney 
    General to petition any court in the United States or abroad to 
    release any information relevant to civil rights cold cases that is 
    held under seal of court.
        (2) Grand jury materials.--
            (A) In general.--The Review Board may request the Attorney 
        General to petition any court in the United States to release 
        any information relevant to civil rights cold cases that is 
        held under the injunction of secrecy of a grand jury.
            (B) Particularized need.--A request for disclosure of civil 
        rights cold case records under this Act shall be deemed to 
        constitute a showing of particularized need under rule 6 of the 
        Federal Rules of Criminal Procedure.
        (3) Deadline.--
            (A) In general.--The Attorney General shall respond to any 
        request that is subject to this subsection within 45 days.
            (B) Nondisclosure of grand jury information.--If the 
        Attorney General determines that information relevant to a 
        civil rights cold case that is held under the injunction of 
        secrecy of a grand jury should not be made public, the Attorney 
        General shall set forth in the response to the request the 
        reasons for the determination.
    (b) Cooperation With Agencies.--It is the sense of Congress that--
        (1) the Attorney General should assist the Review Board in good 
    faith to unseal any records that the Review Board determines to be 
    relevant and held under the seal by a court or under the injunction 
    of secrecy of a grand jury; and
        (2) all departments and agencies of the United States 
    Government should cooperate in full with the Review Board to seek 
    the disclosure of all information relevant to civil rights cold 
    cases consistent with the public interest.
SEC. 9. RULES OF CONSTRUCTION.
    (a) Precedence Over Other Law.--
        (1) In general.--Subject to paragraph (2), when this Act 
    requires transmission of a record to the Archivist or public 
    disclosure, it shall take precedence over any other law (except 
    section 6103 of the Internal Revenue Code of 1986), judicial 
    decisions construing such law, or common law doctrine that would 
    otherwise prohibit such transmission or disclosure with the 
    exception of deeds governing access to or transfer or release of 
    gifts and donations of records to the United States Government.
        (2) Personnel and medical files.--This Act shall not require 
    the public disclosure of information that is exempt from disclosure 
    under section 552(b)(6) of title 5, United States Code.
    (b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file any requests with any 
executive agency or seek judicial review of the decisions under section 
552 of title 5, United States Code.
    (c) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act.
    (d) Existing Authority.--Nothing in this Act revokes or limits the 
existing authority of the President, any executive agency, the Senate, 
the House of Representatives, or any other entity of the Government to 
publicly disclose records in its possession.
  SEC. 10. FUNDING.
    Until such time as funds are appropriated to carry out this Act, 
the President shall use such sums as are available for discretionary 
use to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.