[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:
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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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