Text: S.3191 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-426 (01/08/2019)

 
[115th Congress Public Law 426]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5489]]

Public Law 115-426
115th Congress

                                 An Act


 
 To provide for the expeditious disclosure of records related to civil 
 rights cold cases, and for other purposes. <<NOTE: Jan. 8, 2019 -  [S. 
                                3191]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Civil Rights 
Cold Case Records Collection Act of 2018. 44 USC 2107 note.>> 
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;

[[Page 132 STAT. 5490]]

                          (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. <<NOTE: Deadlines.>>  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) <<NOTE: Publication.>>  commence preparing and 
                publishing the subject guidebook and index to the 
                Collection; and

[[Page 132 STAT. 5491]]

                    (C) <<NOTE: Criteria.>>  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) <<NOTE: Public inspection.>>  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) <<NOTE: Waiver authority.>>  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

[[Page 132 STAT. 5492]]

                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 <<NOTE: Certification.>> .--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 <<NOTE: Web 
        posting.>> .--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) <<NOTE: Recommenda- tions.>>  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

[[Page 132 STAT. 5493]]

                                    (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 <<NOTE: Coordination.>> .--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);

[[Page 132 STAT. 5494]]

            (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 <<NOTE: President.>> .--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 <<NOTE: Deadlines.>> .--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

[[Page 132 STAT. 5495]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: President.>>  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 <<NOTE: Federal Register, 
                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,

[[Page 132 STAT. 5496]]

        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) <<NOTE: Subpoena.>>  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) <<NOTE: Hearings. Subpoena.>>  hold hearings, 
                administer oaths, and subpoena documents and other 
                records.
            (2) Enforcement of subpoenas <<NOTE: Courts.>> .--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).

[[Page 132 STAT. 5497]]

    (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 <<NOTE: Extension.>> .--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 <<NOTE: Notification. Federal Register, 
                publication.>> .--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 <<NOTE: Deadline.>> .--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) <<NOTE: Coordination.>>  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

[[Page 132 STAT. 5498]]

        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 <<NOTE: Appointment.>> --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) <<NOTE: Deadlines.>>  Startup Requirements.--The Review Board 
shall--
            (1) <<NOTE: Schedule. Federal Register, publication.>>  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.--

[[Page 132 STAT. 5499]]

            (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) <<NOTE: Consultation.>>  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) <<NOTE: Summary.>>  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 <<NOTE: Deadline. Determination. Federal 
        Register, publication.>> .--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.

[[Page 132 STAT. 5500]]

    (d) Presidential Authority Over Review Board Determination.--
            (1) Public disclosure or postponement of 
        disclosure <<NOTE: Certification. Deadline. Notice.>> .--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 <<NOTE: Federal 
        Register, publication.>> .--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 <<NOTE: Time period. Web 
posting. Summary.>> .--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.

[[Page 132 STAT. 5501]]

                    (B) The progress made on review, transmission to the 
                Archivist, and public disclosure of civil rights cold 
                case records.
                    (C) <<NOTE: Estimate.>>  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) <<NOTE: Recommenda- tions.>>  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 <<NOTE: Deadline.>> .--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 <<NOTE: Determination.>> .--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

[[Page 132 STAT. 5502]]

        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. <<NOTE: President.>>  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.

    Approved January 8, 2019.

LEGISLATIVE HISTORY--S. 3191:
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-424 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 17, considered and passed Senate.
            Dec. 21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Jan. 8, Presidential statement.

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