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Bill
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S. 3191 — what changed

Civil Rights Cold Case Records Collection Act of 2018

From Reported in Senate to Engrossed in Senate. 9 sections amended and 1 removed between Reported in Senate and Engrossed in Senate.

Sec. 2 Definitions

changed Congress finds the following:In this Act:

(1)
changed Archivist— All Government records related to civil rights cold cases shall be preserved for historical and Governmental purposes.The term “Archivist” means the Archivist of the United States.
(2)
changed Civil rights cold case— All Government records concerning civil The term “civil rights cold cases shall carry a presumption of immediate disclosure, and all records shall be eventually disclosed to enable the public to become fully informed about the history surrounding the cases.case” means any unsolved case—
(A)
added arising out of events which occurred during the period beginning on January 1, 1940 and ending on December 31, 1979; and
(B)
added related to—
(i)
added section 241 of title 18, United States Code (relating to conspiracy against rights);
(ii)
added section 242 of title 18, United States Code (relating to deprivation of rights under color of law);
(iii)
added section 245 of title 18, United States Code (relating to federally protected activities);
(iv)
added sections 1581 and 1584 of title 18, United States Code (relating to peonage and involuntary servitude);
(v)
added section 901 of the Fair Housing Act (42 U.S.C. 3631); or
(vi)
added any other Federal law that was—
(I)
added in effect on or before December 31, 1979; and
(II)
added enforced by the criminal section of the Civil Rights Division of the Department of Justice before the date of enactment of this Act.
(3)
changed Civil rights cold case record— Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records.The term “civil rights cold case record” means a record that—
(A)
added is related to a civil rights cold case; and
(B)
added was created or made available for use by, obtained by, or otherwise came into the possession of—
(i)
added the Library of Congress;
(ii)
added the National Archives;
(iii)
added any executive agency;
(iv)
added any independent agency;
(v)
added any other entity of the Federal Government; or
(vi)
added 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)
changed Collection— Legislation is necessary because congressional records related to civil rights cold cases would not otherwise be subject to public disclosure.The term “Collection” means the Civil Rights Cold Case Records Collection established under section 3.
(5)
changed Executive agency— Legislation is necessary because The term “executive agency” means an agency, as defined in section 552 552(f) of title 5, United States Code (commonly known as the Freedom of Information Act), as implemented by the executive branch, has prevented the timely and adequate public disclosure of records relating to civil rights cold cases.Code.
(6)
changed Government office— Legislation is necessary because Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information) has not resulted in The term “Government office” means any office of the timely and adequate public disclosure Federal Government that has possession or control of records relating to 1 or more civil rights cold cases.case records.
(7)
changed Government official— Most The term “Government official” means any officer or employee of the records related to the civil rights cold cases are almost 50 years old United States, including elected and only in the rarest cases is there any legitimate need for continued protection of such records.appointed officials.
(8)
added 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)
added 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)
added 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)
added 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)
added Record— The term record has the meaning given the term in section 3301 of title 44, United States Code.
(13)
added 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)
added In general—
(1)
added 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)
added 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)
added commence preparing and publishing the subject guidebook and index to the Collection; and
(C)
added establish criteria for Government offices to follow when transmitting copies of civil rights cold case records to the Archivist, to include required metadata.
(2)
added Contents of collection— The Collection shall include—
(A)
added a copy of each civil rights cold case record—
(i)
added 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)
added 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)
added that is required to be transmitted to the Archivist; or
(iv)
added the disclosure of which is postponed under this Act; and
(B)
added all Review Board records, as required under this Act.

removed In this Act:

(b)
changed Archivist—Disclosure of records— The term “Archivist” means All civil rights cold case records transmitted to the Archivist of for disclosure to the United States.public—
(1)
added shall be included in the Collection;
(2)
added 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)
added shall be prioritized for digitization by the National Archives.
(c)
changed Civil rights cold case—Fees for copying— The term “civil rights cold case” means any unsolved case—Archivist shall—
(1)
changed arising out of events which occurred during the period beginning on January 1, 1940 and ending on December 31, 1979; anduse efficient electronic means when possible;
(2)
changed related to—charge fees for copying civil rights cold case records; and
(3)
added grant waivers of such fees pursuant to the standard established under section 552(a)(4) of title 5, United States Code.
(i)
removed section 241 of title 18, United States Code (relating to conspiracy against rights);
(ii)
removed section 242 of title 18, United States Code (relating to deprivation of rights under color of law);
(iii)
removed section 245 of title 18, United States Code (relating to federally protected activities);
(iv)
removed sections 1581 and 1584 of title 18, United States Code (relating to peonage and involuntary servitude);
(v)
removed section 901 of the Fair Housing Act (42 U.S.C. 3631); or
(vi)
removed any other Federal law that was—
(I)
removed in effect on or before December 31, 1979; and
(II)
removed enforced by the criminal section of the Civil Rights Division of the Department of Justice before the date of enactment of this Act.
(d)
changed Civil rights cold case record—Additional requirements— The term “civil Archivist shall ensure the security of civil rights cold case record” means a record that—records in the Collection for which disclosure is postponed.
(e)
added Transmission to the national archives—
(1)
added 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)
added 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)
added 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)
added 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)
added not later than 90 days after—
(i)
added final judgment is entered in the proceedings relating to the civil rights cold case; or
(ii)
added proceedings relating to the civil rights cold case are dismissed with prejudice; or
(B)
added 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)
added Periodic review of postponed civil rights cold case records—
(1)
added 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)
added 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)
added 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)
added Full disclosure of civil rights cold case record required—
(A)
added 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)
added 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)
added 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)
added 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)
added the written recommendation described in clause (i)—
(I)
added 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)
added includes—
(aa)
added a justification of the recommendation to postpone disclosure; and
(bb)
added 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)
added the Archivist agrees with the written recommendation described in clause (i).
(B)
added 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.
(A)
removed is related to a civil rights cold case; and
(B)
removed was created or made available for use by, obtained by, or otherwise came into the possession of—
(i)
removed the Library of Congress;
(ii)
removed the National Archives and Records Administration;
(iii)
removed any executive agency;
(iv)
removed any independent agency;
(v)
removed any other entity of the Federal Government; and
(vi)
removed 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)
removed Collection— The term “Collection” means the Civil Rights Cold Cases Collection established under section 4.
(5)
removed Executive agency— The term “executive agency” means an agency, as defined in subsection 552(f) of title 5, United States Code.
(g)
changed Government office—Digitization of records— The term “Government office” means any office of Each executive agency shall make text searchable documents available to the Federal Government that has possession or control Review Board pursuant to standards established under section 552(a)(3) of 1 or more civil rights cold case records.title 5, United States Code.
(h)
added Notice regarding public disclosure—
(1)
added 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)
added 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.
(7)
removed Government official— The term “Government official” means any officer or employee of the United States, including elected and appointed officials.
(8)
removed 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)
removed Official investigation— The term “official investigation” means the reviews of civil rights cold cases 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)
removed 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)
removed 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)
removed Record— The term record has the meaning given the term in section 3301 of title 44, United States Code.
(13)
removed Review board— The term “Review Board” means the Civil Rights Cold Case Records Review Board established under section 6.

Sec. 4 Grounds for postponement of public disclosure of records

added 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)
added
(A)
added 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)
added 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)
added
(A)
added reveal the name or identity of a living individual who provided confidential information to the United States; and
(B)
added pose a substantial risk of harm to that individual;
(a)
removed In general—
(1)
removed 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)
removed 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; and
(B)
removed commence preparing and publishing the subject guidebook and index to the Collection; and
(C)
removed establish criteria for Government offices to follow when transmitting copies of civil rights cold case records to the Archivist, to include required metadata.
(2)
removed Contents of collection— The Collection shall include—
(A)
removed a copy of each civil rights cold case record—
(i)
removed that has not been transmitted to the Archivist, which shall be transmitted by the entity described in section 3(3) in possession of the civil rights cold case record to the Archivist in accordance with section 2107 of title 44, United States Code; or
(ii)
removed 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)
removed that is required to be transmitted to the Archivist; or
(iv)
removed the disclosure of which is postponed under this Act; and
(B)
removed all Review Board records, as required under this Act.
(b)
removed Disclosure of records— All civil rights cold case records transmitted to the Archivist for disclosure to the public—
(1)
removed shall be included in the Collection;
(2)
removed 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)
removed shall be prioritized for digitization by the National Archives.
(c)
removed Fees for copying— The Archivist shall—
(1)
removed use efficient electronic means when possible;
(2)
removed charge fees for copying civil rights cold case records; and
(3)
removed grant waivers of such fees pursuant to the standard established under section 552(a)(4) of title 5, United States Code.
(3)
changed Additional requirements— The Archivist shall ensure the security constitute an unwarranted invasion of civil rights cold case records in the Collection for which disclosure is postponed.personal privacy;
(4)
added
(A)
added compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or group; and
(B)
added be so harmful that the understanding of confidentiality outweighs the public interest;
(5)
added endanger the life or physical safety of any individual; or
(e)
removed Transmission to the national archives— Each Government office shall, in accordance with the criteria established by the Archivist under subsection (a)(1)(C)—
(1)
removed not later than 300 days 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
(2)
removed 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.
(f)
removed Periodic review of postponed civil rights cold case records—
(1)
removed 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 8(c)(3)(B).
(2)
removed Requirements of periodic review— The periodic review under paragraph (1) shall—
(A)
removed address the public disclosure of additional civil rights cold case records in the Collection under the standards of this Act; and
(B)
removed serve to declassify classified information, with the presumption of providing public disclosure.
(3)
removed 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)
removed Full disclosure of civil rights cold case record required—
(A)
removed 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 6(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)
removed the head of the originating body, an executive agency, or other Government office recommends in writing that continued postponement is made necessary by an identifiable harm to 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;
(ii)
removed the written recommendation described in clause (i)—
(I)
removed 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)
removed includes—
(aa)
removed a justification of the recommendation to postpone disclosure; and
(bb)
removed 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)
removed the Archivist agrees with the written recommendation described in clause (i).
(B)
removed Notification— If the Archivist does not agree with the recommendation described in subparagraph (A)(1), 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.
(6)
changed 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.interfere with ongoing law enforcement proceedings.

Sec. 5 Establishment and powers of the Civil Rights Cold Case Records Review Board

(a)
added Establishment— There is established, as an independent agency, a board to be known as the Civil Rights Cold Case Records Review Board.
(b)
added Appointment—
(1)
added 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)
added Initial appointment—
(A)
added 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)
added 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)
added 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)
added Additional recommendations— The President may request that any organization described in subparagraph (B) submit additional recommended nominees.
(3)
added Qualifications— Individuals nominated to the Review Board shall—
(A)
added 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)
added 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)
added include at least 1 professional historian and 1 attorney.

removed 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 there is clear and convincing evidence of any of the following:

(1)
removed The threat to the military defense, law enforcement, intelligence operations, or the conduct of domestic affairs of the United States posed by the public disclosure of the civil rights cold case record is of such gravity that the disclosure outweighs the public interest and would 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).
(c)
changed Security clearances— The public disclosure of the civil rights cold case record would reveal All Review Board nominees shall be processed for the name or identity of a living individual who provided confidential information to necessary security clearances in an accelerated manner by the United States appropriate Federal agencies and would pose a substantial risk of harm subject to that individual.the standard procedures for granting such clearances.
(d)
changed Vacancy— The public disclosure of A vacancy on the civil rights cold case record could reasonably Review Board shall be expected to constitute an unwarranted invasion of personal privacy, and that invasion filled in the same manner as the original appointment within 60 days of privacy is so substantial that the protection occurrence of privacy outweighs the public interest.vacancy.
(e)
changed Chairperson— The public disclosure of the civil rights cold case record would compromise the existence of an understanding members of confidentiality currently requiring protection between a Government agent and a cooperating individual or group and public disclosure would be so harmful that the understanding Review Board shall elect 1 of confidentiality outweighs the public interest.members as chairperson.
(f)
added Removal of review board member—
(1)
added In general— No member of the Review Board shall be removed from office, other than—
(A)
added by impeachment and conviction; or
(B)
added 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)
added Report—
(A)
added 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)
added 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)
added Judicial review—
(A)
added 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)
added Relief— The member may be reinstated or granted other appropriate relief by order of the court.
(g)
added Compensation of members—
(1)
added 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)
added 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)
added Duties of the review board—
(1)
added 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)
added Decisions— In carrying out paragraph (1), the Review Board shall consider and render decisions on—
(A)
added whether a record constitutes a civil rights cold case record; and
(B)
added whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this Act.
(i)
added Powers—
(1)
added In general— The Review Board shall have the authority to act in a manner prescribed under this Act including the authority to—
(A)
added obtain access to civil rights cold case records that have been identified and organized by a Government office;
(B)
added 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)
added subpoena private persons to compel the production of documents and other records relevant to its responsibilities under this Act;
(D)
added require any Government office to account in writing for the destruction of any records relating to civil rights cold cases;
(E)
added receive information from the public regarding the identification and public disclosure of civil rights cold case records; and
(F)
added hold hearings, administer oaths, and subpoena documents and other records.
(2)
added 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)
added 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)
added Oversight—
(1)
added 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)
added 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)
added Support services— The Administrator of General Services shall provide administrative services for the Review Board on a reimbursable basis.
(m)
added Interpretive Regulations— The Review Board may issue interpretive regulations.
(n)
added Termination—
(1)
added 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)
added 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)
added Transfer of records—
(A)
added In general— Upon termination, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection.
(B)
added 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)
added Chief of staff—
(1)
added 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)
added Requirements— The individual appointed as Chief of Staff—
(A)
added shall be a citizen of the United States of integrity and impartiality who is a distinguished professional; and
(B)
added shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
(3)
added 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)
added 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)
added Duties— The Chief of Staff shall—
(A)
added serve as principal liaison to Government offices;
(B)
added be responsible for the administration and coordination of the Review Board’s review of records;
(C)
added be responsible for the administration of all official activities conducted by the Review Board; and
(D)
added have no authority to decide or determine whether any record shall be disclosed to the public or postponed for disclosure.
(6)
added 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.
(a)
removed Establishment— There is established, as an independent agency, a board to be known as the Civil Rights Cold Case Records Review Board.
(b)
changed Appointment—Staff—
(1)
changed In general—Additional personnel— The President shall appoint, by and Review Board may, in accordance with the advice civil service laws but without regard to civil service laws and consent of regulations for appointments in the Senate, 5 individuals to serve as members competitive service under subchapter I of the Review Board to ensure chapter 33 of title 5, United States Code, appoint and facilitate the review, transmission terminate additional employees as are necessary to enable the Archivist, Review Board and public disclosure its Chief of civil rights cold case records.Staff to perform their duties.
(2)
added Requirements— An individual appointed as an employee of the Review Board—
(2)
removed Initial appointment—
(A)
removed In general— Initial appointments to the Review Board shall, so far as practicable, be made not later than 60 days after the enactment of this Act.
(A)
changed Recommendations— In making appointments to the Review Board, the President shall consider any individuals recommended by the American Historical Association, the Organization of American Historians, the Society be a private citizen of American Archivists, integrity and the American Bar Association.impartiality; and
(B)
changed 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 have had no previous involvement with any official investigation or 120 days after the date of enactment of this Act.inquiry relating to civil rights cold cases.
(D)
removed Additional recommendations— The President may request that any organization described in subparagraph (B) submit additional recommended nominees.
(3)
changed Qualifications—Nominations— Individuals nominated Before making an appointment pursuant to paragraph (1), the Review Board shall—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)
added Security Clearances— A candidate shall qualify for the necessary security clearance prior to being appointed by the Review Board.
(A)
removed 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)
removed 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)
removed include at least 1 professional historian and 1 attorney.
(c)
changed Security clearances—Compensation— All The Review Board nominees shall be processed for fix the necessary security clearances compensation of the Chief of Staff and other employees in an accelerated manner by accordance with title 5, United States Code, except that the appropriate Federal agencies rate of pay for the Chief of Staff and subject to other employees may not exceed the standard procedures rate payable for granting such clearances.level V of the Executive Schedule under section 5316 of that title.
(d)
changed Vacancy—Advisory committees— A vacancy on the The Review Board shall be filled may create advisory committees to assist in the same manner as the original appointment within 60 days of fulfilling the occurrence responsibilities of the vacancy.Review Board under this Act.
(e)
removed Chairperson— The members of the Review Board shall elect 1 of the members as chairperson.
(f)
removed Removal of review board member—
(1)
removed In general— No member of the Review Board shall be removed from office, other than—
(A)
removed by impeachment and conviction; or
(B)
removed 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)
removed Report—
(A)
removed 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)
removed 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)
removed Judicial review—
(A)
removed 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)
removed Relief— The member may be reinstated or granted other appropriate relief by order of the court.
(g)
removed Compensation of members—
(1)
removed 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)
removed 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)
removed Duties of the review board—
(1)
removed 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)
removed Decisions— In carrying out paragraph (1), the Review Board shall consider and render decisions—
(A)
removed whether a record constitutes a civil rights cold case record; and
(B)
removed whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this Act.
(i)
removed Powers—
(1)
removed In general— The Review Board shall have the authority to act in a manner prescribed under this Act including the authority to—
(A)
removed obtain access to civil rights cold case records that have been identified and organized by a Government office;
(B)
removed 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)
removed subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this Act;
(D)
removed require any Government office to account in writing for the destruction of any records relating to civil rights cold cases;
(E)
removed receive information from the public regarding the identification and public disclosure of civil rights cold case records; and
(F)
removed hold hearings, administer oaths, and subpoena witnesses and documents.
(2)
removed 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)
removed 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)
removed Oversight—
(1)
removed 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)
removed Cooperation of Review Board— The Review Board shall have a duty to cooperate with the exercised of the oversight jurisdiction described in paragraph (1).
(l)
removed Support services— The Administrator of General Services shall provide administrative services for the Review Board on a reimbursable basis.
(m)
removed Interpretive Regulations— The Review Board may issue interpretive regulations.
(n)
removed Termination—
(1)
removed In general— The Review Board shall terminate not later than 3 years after the 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 3-year period.
(2)
removed 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)
removed Transfer of records—
(A)
removed In general— Upon termination, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection.
(B)
removed 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. 7 Review of records by the Review Board

(a)
added 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—
(a)
removed Chief of staff—
(1)
removed 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.
(1)
changed Requirements— The individual appointed as Chief the Review Board requires the physical transfer of Staff—records for reasons of conducting an independent and impartial review; or
(A)
removed shall be a citizen of the United States of integrity and impartiality who is a distinguished professional; and
(B)
removed shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
(2)
changed Candidate to have clearances— A candidate for Chief of Staff shall be granted the such transfer is necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances.an administrative hearing or other official Review Board function.
(b)
added Startup requirements— The Review Board shall—
(4)
removed Approval contingent on prior clearance— A candidate shall qualify for the necessary security clearance prior to being appointed by the Review Board.
(5)
removed Duties— The Chief of Staff shall—
(A)
removed serve as principal liaison to Government offices;
(B)
removed be responsible for the administration and coordination of the Review Board’s review of records;
(C)
removed be responsible for the administration of all official activities conducted by the Review Board; and
(D)
removed have no authority to decide or determine whether any record shall be disclosed to the public or postponed for disclosure.
(6)
removed 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)
removed Staff—
(1)
removed 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 its duties.
(1)
changed Requirements— An individual appointed as an employee not later than 90 days after the date on which all members of the Review Board—Board are appointed, publish a schedule for review of all civil rights cold case records in the Federal Register; and
(A)
removed shall be a private citizen of integrity and impartiality; and
(B)
removed shall have had no previous involvement with any official investigation or inquiry relating to the civil rights cold cases.
(2)
changed Nominations— Before making an appointment pursuant to paragraph (1), the Review Board shall consider individuals recommended by the American Historical Association, not later than 180 days after the Organization enactment of American Historians, the Society this Act, begin its review of American Archivists, and the American Bar Association.civil rights cold case records under this Act.
(c)
added Determination of the review board—
(1)
added 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)
added a Government record is not a civil rights cold case record; or
(B)
added 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)
added Postponement— In approving postponement of public disclosure of a civil rights cold case record, the Review Board shall work to—
(A)
added provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
(B)
added 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)
added Any reasonably segregable particular information in a civil rights cold case record.
(ii)
added A substitute record for that information which is postponed.
(iii)
added A summary of a civil rights cold case record.
(3)
added 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)
added 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)
added 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)
added 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)
added 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)
added Presidential authority over review board determination—
(1)
added 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)
added 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)
added 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)
added 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)
added Reports by the Review Board—
(1)
added 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)
added 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)
added Contents— Each report under paragraph (1) shall include the following information:
(A)
added A financial report of the expenses for all official activities and requirements of the Review Board and its employees.
(B)
added The progress made on review, transmission to the Archivist, and public disclosure of civil rights cold case records.
(C)
added 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)
added 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)
added 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)
added Recommendations and requests to Congress for additional authorization.
(G)
added 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)
added 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.
(4)
removed Security Clearances— A candidate shall qualify for the necessary security clearance prior to being appointed by the Review Board.
(c)
removed 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)
removed Advisory committees— The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act.

Sec. 8 Disclosure of other information and additional study

(a)
added Materials under the seal of the court—
(1)
added 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)
added Grand jury materials—
(A)
added 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)
added 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)
added Deadline—
(A)
added In general— The Attorney General shall respond to any request that is subject to this subsection within 45 days.
(B)
added 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.
(a)
removed 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 records for purposes of preservation, security, and efficiency, unless—
(1)
removed the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
(2)
removed such transfer is necessary for an administrative hearing or other official Review Board function.
(b)
changed Startup requirements—Cooperation with agencies— The Review Board shall—It is the sense of Congress that—
(1)
changed not later than 90 days after the date on which all members of Attorney General should assist the Review Board are appointed, publish a schedule for review of all civil rights cold case records in good faith to unseal any records that the Federal Register; 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)
changed not later than 180 days after the enactment all departments and agencies of this Act, begin its review the United States Government should cooperate in full with the Review Board to seek the disclosure of all information relevant to civil rights cold case records under this Act.cases consistent with the public interest.
(c)
removed Determination of the review board—
(1)
removed 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)
removed a Government record is not a civil rights cold case record; or
(B)
removed a Government record or particular information within a civil rights cold case record qualifies for postponement of public disclosure under this Act.
(2)
removed Postponement— In approving postponement of public disclosure of a civil rights cold case record, the Review Board shall work to—
(A)
removed provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
(B)
removed 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)
removed Any reasonably segregable particular information in a civil rights cold case record.
(ii)
removed A substitute record for that information which is postponed.
(iii)
removed A summary of a civil rights cold case record.
(3)
removed 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 5, 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)
removed 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)
removed 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)
removed 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)
removed 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 a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards under section 5.
(d)
removed Presidential authority over review board determination—
(1)
removed 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 5, 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 5.
(2)
removed 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 4.
(3)
removed Record of presidential postponement— The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and 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)
removed 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 agency, length or other physical description, and each ground for postponement that is relied upon.
(f)
removed Reports by the review board—
(1)
removed 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)
removed 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)
removed Contents— Each report under paragraph (1) shall include the following information:
(A)
removed A financial report of the expenses for all official activities and requirements of the Review Board and its employees.
(B)
removed The progress made on review, transmission to the Archivist, and public disclosure of civil rights cold case records.
(C)
removed 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)
removed 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)
removed 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)
removed Recommendations and requests to Congress for additional authorization.
(G)
removed An appendix containing copies of reports of postponed records to the Archivist required under section subsection (c)(3) made since the date of the preceding report under this subsection.
(4)
removed 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. 9 Rules of construction

(a)
changed Materials under the seal of the court—Precedence over other law—
(1)
changed In general— The Review Board may request the Attorney General Subject to petition paragraph (2), when this Act requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any court in other law (except section 6103 of the United States Internal Revenue Code of 1986), judicial decisions construing such law, or abroad common law doctrine that would otherwise prohibit such transmission or disclosure with the exception of deeds governing access to or transfer or release any information relevant to civil rights cold cases that is held under seal of court.gifts and donations of records to the United States Government.
(2)
added 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.
(2)
removed Grand jury materials—
(A)
removed 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)
removed 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)
removed Deadline— The Attorney General shall comply with any request that is subject to this subsection within 45 days.
(b)
changed Cooperation with agencies—Freedom of Information Act— It is 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 sense decisions under section 552 of Congress that—title 5, United States Code.
(c)
added 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)
added 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.
(1)
removed 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)
removed 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. 10 Funding

added 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.

(a)
removed Precedence over other law— 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.
(b)
removed 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)
removed 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)
removed 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. 11 Authorization of appropriations

removed
(a)
removed In general— There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended.
(b)
removed Interim provisions— Until such time as funds are appropriated pursuant to subsection (a), the President shall use such sums as are available for discretionary use to carry out this Act.