[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5762 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5762

 To provide for the expeditious disclosure of records relevant to the 
   life and assassination of Reverend Doctor Martin Luther King, Jr.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2002

 Ms. McKinney introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To provide for the expeditious disclosure of records relevant to the 
   life and assassination of Reverend Doctor Martin Luther King, Jr.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Martin Luther King, Jr., Records 
Collection Act of 2002''.

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

    (a) Findings and Declarations.--The Congress finds and declares 
that--
            (1) all Government records related to the life and 
        assassination of Reverend Dr. Martin Luther King, Jr., should 
        be preserved for historical and governmental purposes;
            (2) all Government records concerning the life and 
        assassination of Reverend Dr. Martin Luther King, Jr., should 
        carry a presumption of immediate disclosure, and all records 
        should be eventually disclosed to enable the public to become 
        fully informed about the history surrounding his life and 
        assassination;
            (3) legislation is necessary to create an enforceable, 
        independent, and accountable process for the public disclosure 
        of such records;
            (4) legislation is necessary because congressional records 
        related to the life and assassination of Reverend Dr. Martin 
        Luther King, Jr., would not otherwise be subject to public 
        disclosure until at least the year 2028;
            (5) legislation is necessary because the Freedom of 
        Information Act, as implemented by the executive branch, has 
        prevented the timely public disclosure of records relating to 
        the life and assassination of Reverend Dr. Martin Luther King, 
        Jr.;
            (6) legislation is necessary because Executive Order No. 
        12356, entitled ``National Security Information'' has 
        eliminated the declassification and downgrading schedules 
        relating to classified information across government and has 
        prevented the timely public disclosure of records relating to 
        the life and assassination of Reverend Dr. Martin Luther King, 
        Jr.; and
            (7) most of the records related to the life and 
        assassination of Reverend Dr. Martin Luther King, Jr., are 
        almost 35 years old, and only in the rarest cases is there any 
        legitimate need for continued protection of such records.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the creation of the Reverend Dr. Martin 
        Luther King, Jr., Records Collection at the National Archives 
        and Records Administration; and
            (2) to require the expeditious public transmission to the 
        Archivist and public disclosure of such records.

SEC. 3. DEFINITIONS.

     In this Act, the following definitions apply:
            (1) The term ``Archivist'' means the Archivist of the 
        United States.
            (2) The term ``related record'' means a record that is 
        related to the life and assassination of Reverend Dr. Martin 
        Luther King, Jr., that was created or made available for use 
        by, obtained by, or otherwise came into the possession of--
                    (A) the Commission on Central Intelligence Agency 
                Activities Within the United States (the ``Rockefeller 
                Commission'');
                    (B) the Senate Select Committee to Study 
                Governmental Operations with Respect to Intelligence 
                Activities (the ``Church Committee'');
                    (C) the Select Committee on Assassinations (the 
                ``House Assassinations Committee'') of the House of 
                Representatives;
                    (D) the Library of Congress;
                    (E) the National Archives and Records 
                Administration;
                    (F) any Presidential library;
                    (G) any Executive agency;
                    (H) any independent agency;
                    (I) any other office of the Federal Government;
                    (J) any State or local law enforcement office that 
                provided support or assistance or performed work in 
                connection with a Federal inquiry into the life and 
                assassination of Reverend Dr. Martin Luther King, Jr.; 
                and
                    (K) any donated deed or gift.
            (3) The term ``collection'' means the Reverend Dr. Martin 
        Luther King, Jr., Records Collection established under section 
        4.
            (4) The term ``Executive agency'' means an Executive agency 
        as defined in subsection 552(f) of title 5, United States Code, 
        and includes any Executive department, military department, 
        Government corporation, Government controlled corporation, or 
        other establishment in the executive branch of the Government, 
        including the Executive Office of the President, or any 
        independent regulatory agency.
            (5) The term ``Government office'' means any office of the 
        Federal Government that has possession or control of related 
        records, including--
                    (A) the House Committee on Administration with 
                regard to the Select Committee on Assassinations of the 
                records of the House of Representatives;
                    (B) the Select Committee on Intelligence of the 
                Senate with regard to records of the Senate Select 
                Committee to Study Governmental Operations with Respect 
                to Intelligence Activities and other related records;
                    (C) the Library of Congress;
                    (D) the National Archives as custodian of related 
                records that it has obtained or possesses, including 
                the Commission on Central Intelligence Agency 
                Activities in the United States; and
                    (E) any other executive branch office or agency, 
                and any independent agency.
            (6) The term ``identification aid'' means the written 
        description prepared for each record as required in section 4.
            (7) 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.
            (8) The term ``official investigation'' means the reviews 
        of the activities or assassination of Reverend Dr. Martin 
        Luther King, Jr., conducted by any Presidential commission, any 
        authorized congressional committee, and any Government agency 
        either independently, at the request of any Presidential 
        commission or congressional committee, or at the request of any 
        Government official.
            (9) 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.
            (10) The term ``public interest'' means the compelling 
        interest in the prompt public disclosure of related records for 
        historical and governmental purposes and for the purpose of 
        fully informing the American people about the history 
        surrounding the life and assassination of Reverend Dr. Martin 
        Luther King, Jr.
            (11) The term ``record'' includes a book, paper, map, 
        photograph, sound or video recording, machine readable 
        material, computerized, digitized, or electronic information, 
        regardless of the medium on which it is stored, or other 
        documentary material or physical evidence, regardless of its 
        physical form or characteristics.
            (12) The term ``Review Board'' means the Records Review 
        Board established by section 7.
            (13) The term ``third agency'' means a Government agency 
        that originated a related record that is in the possession of 
        another agency.

SEC. 4. REVEREND DR. MARTIN LUTHER KING, JR., RECORDS COLLECTION AT THE 
              NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.

    (a) In General.--(1) Not later than 60 days after the date of 
enactment of this Act, the National Archives and Records Administration 
shall commence establishment of a collection of records to be known as 
the Reverend Dr. Martin Luther King, Jr., records collection. In so 
doing, the Archivist shall ensure the physical integrity and original 
provenance of all records. The collection shall consist of record 
copies of all Government records relating to the life and assassination 
of Reverend Dr. Martin Luther King, Jr., which shall be transmitted to 
the national archives in accordance with section 2107 of title 44, 
United States Code. The archivist shall prepare and publish a subject 
guidebook and index to the collection which will be available to the 
public for inspection and searchable electronically--
    (2) The Collection shall include--
            (A) all related records--
                    (i) that have been transmitted to the National 
                Archives or disclosed to the public in an unredacted 
                form prior to the date of enactment of this Act;
                    (ii) that are required to be transmitted to the 
                National Archives;
                    (iii) the disclosure of which is postponed under 
                this Act; or
                    (iv) that meets the definition of a related record 
                discovered after termination of the existence of the 
                Records Review Board;
            (B) a central directory comprised of identification aids 
        created for each record transmitted to the Archivist under 
        section 5; and
            (C) all Review Board records as required by this Act.
    (b) Use of Secondary Location for Portion of Collection.--
            (1) In general.--The Archivist shall enter into an 
        agreement with an entity outside the National Archives for the 
        establishment of a secondary location for such portion of the 
        Collection as the Archivist considers appropriate.
            (2) Process for entering into agreement.--The Archivist 
        shall enter into an agreement under this subsection through the 
        solicitation of proposals from public and private institutions 
        of higher education, research institutions, museums, and other 
archival institutions.
            (3) Criteria for selection.--In selecting from the 
        proposals submitted under paragraph (2), the Archivist shall 
        give preference to an entity--
                    (A) with a proven record of archival collecting;
                    (B) which will provide a maximum level of public 
                access to the portion of the Collection involved; and
                    (C) which will encourage continuing study and 
                education regarding the life and assassination of Dr. 
                Reverend Martin Luther King, Jr.
            (4) Treatment of collection at secondary location.--The 
        portion of the Collection maintained at the secondary location 
        pursuant to this subsection, and the entity responsible for 
        maintaining such portion of the collection under the agreement 
        under this subsection, shall be subject to the same terms, 
        conditions, and requirements as apply under this Act to the 
        portion of the Collection maintained at the National Archives 
        and the Archivist.
    (c) Disclosure of Records.--All assassination records transmitted 
to the National Archives for disclosure to the public shall be included 
in the Collection and shall be available to the public for inspection 
and copying at the National Archives and through an electronic format 
within 30 days after their transmission to the National Archives.
    (d) Fees for Copying.--The Archivist shall--
            (1) charge fees for copying such records; and
            (2) grant waivers of such fees pursuant to the standards 
        established by section 552(a)(4) of title 5, United States 
        Code.
    (e) Additional Requirements.--(1) The Collection shall be 
preserved, protected, archived, and made available to the public at the 
National Archives using appropriations authorized, specified, and 
restricted for use under the terms of this Act.
    (2) The National Archives, in consultation with the Information 
Security Oversight Office, shall ensure the security of the postponed 
records in the Collection.
    (f) Oversight.--The Committee on Government Reform of the House of 
Representatives and the Committee on Governmental Affairs of the Senate 
shall have continuing oversight jurisdiction with respect to the 
Collection, and shall conduct biannual hearings, up to and including 
the final archivist determination.

SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, 
              AND PUBLIC DISCLOSURE OF RELATED RECORDS BY GOVERNMENT 
              OFFICES.

    (a) In General.--
            (1) Preparation.--As soon as practicable after the date of 
        enactment of this Act, each Government office shall identify 
        and organize its records relating to the life and assassination 
        of Reverend Dr. Martin Luther King, Jr., and prepare them for 
        transmission to the Archivist for inclusion in the Collection.
            (2) Related records.--No related record shall be destroyed, 
        altered, or mutilated in any way.
            (3) Prior disclosure.--No related record made available or 
        disclosed to the public prior to the date of enactment of this 
        Act may be withheld, redacted, postponed for public disclosure, 
        or reclassified.
            (4) Related records created outside of government.--No 
        related record created by a person or entity outside government 
        (excluding names or identities consistent with the requirements 
        of section (6) shall be withheld, redacted, postponed for 
        public disclosure, or reclassified.
    (b) Custody of Related Records Pending Review.--During the review 
by Government offices and pending review activity by the Review Board, 
each Government office shall retain custody of its related records for 
purposes of preservation, security, and efficiency, unless--
            (1) the Review Board requires the physical transfer of 
        records for purposes of conducting an independent and impartial 
        review;
            (2) transfer is necessary for an administrative hearing or 
        other Review Board function; or
            (3) it is a third agency record described in subsection 
        (c)(2)(C).
    (c) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, each Government office shall review, 
        identify, and organize each related record in its custody or 
        possession for disclosure to the public, review by the Review 
        Board, and transmission to the Archivist.
            (2) Related records.--In carrying out paragraph (1), a 
        Government office shall--
                    (A) determine which of its records are related 
                records;
                    (B) determine which of its related records have 
                been officially disclosed or publicly available in a 
                complete and unredacted form;
                    (C)(i) determine which of its related records, or 
                particular information contained in such a record, was 
                created by a third agency or by another Government 
                office; and
                    (ii) transmit to a third agency or other Government 
                office those records, or particular information 
                contained in those records, or complete and accurate 
                copies thereof;
                    (D)(i) determine whether its related records or 
                particular information in related records are covered 
                by the standards for postponement of public disclosure 
                under this Act; and
                    (ii) specify on the identification aid required by 
                subsection (d) the applicable postponement provision 
                contained in section 6;
                    (E) organize and make available to the Review Board 
                all related records identified under subparagraph (D) 
                the public disclosure of which in whole or in part may 
                be postponed under this Act;
                    (F) organize and make available to the Review Board 
                any record concerning which the office has any 
                uncertainty as to whether the record is a related 
                record governed by this Act;
                    (G) give priority to--
                            (i) the identification, review, and 
                        transmission of all related records publicly 
                        available or disclosed as of the date of 
                        enactment of this Act in a redacted or edited 
                        form; and
                            (ii) the identification, review, and 
                        transmission, under the standards for 
                        postponement set forth in this Act, of related 
                        records that on the date of enactment of this 
                        Act are the subject of litigation under section 
                        552 of title 5, United States Code; and
                    (H) make available to the Review Board any 
                additional information and records that the Review 
                Board has reason to believe it requires for conducting 
                a review under this Act.
            (3) Archival depositories.--The Director of each archival 
        depository established under section 2112 of title 44, United 
        States Code, shall have as a priority the expedited review for 
        public disclosure of related records in the possession and 
        custody of the depository, and shall make such records 
        available to the Review Board as required by this Act.
    (d) Identification Aids.--
            (1) In general.--
                    (A) Standard form.--Not later than 45 days after 
                the date of enactment of this Act, the Archivist, in 
                consultation with the appropriate Government offices, 
                shall prepare and make available to all Government 
                offices a standard form of identification or finding 
                aid for use with each related record subject to review 
                under this Act.
                    (B) Uniform system.--The Archivist shall ensure 
                that the identification aid program is established in 
                such a manner as to result in the creation of a uniform 
                system of electronic records by Government offices that 
                are compatible with each other and which shall be made 
                publicly available.
            (2) Printed copies.--Upon completion of an identification 
        aid, a Government office shall--
                    (A) attach a printed copy to the record it 
                describes;
                    (B) transmit to the Review Board a printed copy; 
                and
                    (C) attach a printed copy to each related record it 
                describes when it is transmitted to the Archivist.
            (3) Publicly available records.--Related records which are 
        in the possession of the National Archives on the date of 
        enactment of this Act, and which have been publicly available 
        in their entirety without redaction, shall be made available in 
        the Collection without any additional review by the Review 
        Board or another authorized office under this Act.
    (e) Transmission to the National Archives.--Each Government office 
shall--
            (1) transmit to the Archivist, and make immediately 
        available to the public, all related records that can be 
        publicly disclosed, including those that are publicly available 
        on the date of enactment of this Act, without any redaction, 
        adjustment, or withholding under the standards of this Act; and
            (2) transmit to the Archivist upon approval for 
        postponement by the Review Board or upon completion of other 
        action authorized by this Act, all related records the public 
        disclosure of which has been postponed, in whole or in part, 
        under the standards of this Act, to become part of the 
        protected Collection.
    (f) Custody of Postponed Related Records.--A related record the 
public disclosure of which has been postponed shall, pending 
transmission to the Archivist, be held for reasons of security and 
preservation by the originating body until such time as the information 
security program has been established at the National Archives as 
required in section 5(e)(2).
    (g) Periodic Review of Postponed Related Records.--(1) All 
postponed or redacted records shall be reviewed periodically by the 
originating agency and the Archivist consistent with the 
recommendations of the Review Board under section 9(c)(3)(B).
    (2) A periodic review shall address the public disclosure of 
additional related records in the Collection under the standards of 
this Act.
    (3) All postponed related records determined to require continued 
postponement shall require an unclassified written description of the 
reason for such continued postponement. Such description shall be 
provided to the Archivist and published in the Federal Register upon 
determination.
    (4) The periodic review of postponed related records shall serve to 
downgrade and declassify security classified information.
    (5) Each related record shall be publicly disclosed in full, and 
available in the Collection no later than the date that is 10 years 
after the date of enactment of this Act, unless the President 
certifies, as required by this Act, that--
            (A) continued postponement is made necessary by an--
            (B) identifiable harm to the military defense, intelligence 
        operations, law enforcement, or conduct of foreign relations; 
        and
            (C) the identifiable harm is of such gravity that it 
        outweighs the public interest in disclosure.
    (h) Record Availability.--Executive branch agencies shall--
            (1) charge fees for copying related records;
            (2) grant waivers of such fees pursuant to the standards 
        established by section 552(a)(4) of title 5, United States 
        Code;
            (3) permit, when not deemed a risk by the Board, the use of 
        personal copying devices, including, but not limited to 
        portable scanners, digital cameras, and the like; and
            (4) make available to the public electronic versions of 
        related records.

SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

     Disclosure of related records or particular information in related 
records to the public may be postponed subject to the limitations of 
this Act if there is clear and convincing evidence that--
            (1) the threat to the military defense, intelligence 
        operations, or conduct of foreign relations of the United 
        States posed by the public disclosure of the related record is 
        of such gravity that it outweighs the public interest, and such 
        public disclosure would reveal--
                    (A) a living intelligence agent whose identity 
                currently requires protection;
                    (B) an intelligence source or method which is 
                currently utilized, or reasonably expected to be 
                utilized, by the United States Government and which has 
                not been officially disclosed, the disclosure of which 
                would interfere with the conduct of intelligence 
                activities; or
                    (C) any other matter currently relating to the 
                military defense, intelligence operations, or conduct 
                of foreign relations of the United States, the 
                disclosure of which would demonstrably impair the 
                national security of the United States;
            (2) the public disclosure of the related record would 
        reveal the name or identity of a living person who provided 
        confidential information to the United States and would pose a 
        substantial risk of harm to that person;
            (3) the public disclosure of the related record could 
        reasonably be expected to constitute an unwarranted invasion of 
        a living person's personal privacy, and that invasion of 
        privacy is so substantial that it outweighs the public 
        interest; or
            (4) the public disclosure of the related record would 
        compromise the existence of an understanding of confidentiality 
        currently requiring protection between a Government agent and a 
        living cooperating individual or a foreign government, and 
        public disclosure would be so harmful that it outweighs the 
        public interest.

SEC. 7. ESTABLISHMENT AND POWERS OF THE RECORDS REVIEW BOARD.

    (a) Establishment.--There is established as an independent agency a 
board to be known as the Records Review Board.
    (b) Appointment.--
            (1) Five members.--The President, by and with the advice 
        and consent of the Senate, shall appoint, without regard to 
        political affiliation, 5 citizens to serve as members of the 
        Review Board to ensure and facilitate the review, transmission 
        to the Archivist, and public disclosure of Government records 
        related to the life and assassination of Reverend Dr. Martin 
        Luther King, Jr.
            (2) Nominations.--The President shall make nominations to 
        the Review Board not later than 90 calendar days after the date 
        of enactment of this Act.
            (3) Additional nominations.--If the Senate votes not to 
        confirm a nomination to the Review Board, the President shall 
        make an additional nomination not later than 30 days 
        thereafter.
            (4) Recommendations.--(A) The President shall make 
        nominations to the Review Board after considering persons 
        recommended by the American Historical Association, the 
        Organization of American Historians, the Society of American 
        Archivists, and the American Bar Association.
            (B) If an organization described in subparagraph (A) does 
        not recommend at least 2 nominees meeting the qualifications 
        stated in paragraph (5) by the date that is 45 days after the 
        date of enactment of this Act, the President shall consider for 
        nomination the persons recommended by the other organizations 
        described in subparagraph (A).
            (C) The President may request an organization described in 
        subparagraph (A) to submit additional nominations.
            (5) Nominations.--Persons nominated to the Review Board--
                    (A) shall be impartial private citizens, none of 
                whom is presently employed by any branch of the 
                Government, none of whom shall have had any previous 
                involvement with any official investigation or inquiry 
                conducted by a Federal, State, or local government, and 
                none of whom shall have been previously employed by any 
                federal intelligence or law enforcement agency, 
                relating to the life or assassination of Reverend Dr. 
                Martin Luther King, Jr.;
                    (B) shall be distinguished persons of high national 
                professional reputation in their respective fields who 
                are capable of exercising the independent and objective 
                judgment necessary to the fulfillment of their role in 
                ensuring and facilitating the review, transmission to 
the public, and public disclosure of records related to the life and 
assassination of Dr. Reverend Martin Luther King, Jr., and who possess 
an appreciation of the value of such material to the public, scholars, 
and government; and
                    (C) shall include at least 1 professional 
                historian, 1 attorney, 1 researcher, and 1 
                representative of the civil rights community.
    (c) Security Clearances.--(1) All Review Board nominees shall be 
granted the necessary security clearances in an accelerated manner, 
commiserate with that of other executive nominations, subject to the 
standard procedures for granting such clearances.
    (2) All nominees shall qualify for the necessary security clearance 
prior to being considered for confirmation by the Committee on 
Governmental Affairs of the Senate.
    (d) Confirmation Hearings.--(1) The Committee on Governmental 
Affairs of the Senate shall hold confirmation hearings within 30 days 
in which the Senate is in session after the nomination of 3 Review 
Board members.
    (2) The Committee on Governmental Affairs shall vote on the 
nominations within 14 days in which the Senate is in session after the 
confirmation hearings, and shall report its results to the full Senate 
immediately.
    (3) The Senate shall vote on each nominee to confirm or reject 
within 14 days in which the Senate is in session after reported by the 
Committee on Governmental Affairs.
    (e) Vacancy.--A vacancy on the Review Board shall be filled in the 
same manner as specified for original appointment within 30 days of the 
occurrence of the vacancy.
    (f) Chairperson.--The Members of the Review Board shall elect one 
of its members as chairperson at its initial meeting.
    (g) 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, failure to meet 
                or falsification of any qualifications under 5(A) or 
                5(B), or any other condition that substantially impairs 
                the performance of the member's duties.
            (2) Report.--
                    (A) Facts and grounds.--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 
                Government Reform of the House of Representatives and 
                the Committee on Governmental Affairs of the Senate a 
                report specifying the facts found and the grounds for 
                the removal.
                    (B) Publication.--The President shall publish in 
                the Federal Register a report submitted under 
                subparagraph (A), except that the President may, if 
                necessary to protect the rights of a person named in 
                the report or to prevent undue interference with any 
                pending prosecution, postpone or refrain from 
                publishing any or all of the report until the 
                completion of such pending cases or pursuant to privacy 
                protection requirements in law.
            (3) Judical review.--
                    (A) Civil action.--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) Reinstatement.--The member may be reinstated or 
                granted other appropriate relief by order of the court.
    (h) Compensation of Members.--(1) 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) 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.
    (i) Duties of the Review Board.--(1) The Review Board shall 
consider and render decisions on a determination by a Government office 
to seek to postpone the disclosure of related records.
    (2) In carrying out paragraph (1), the Review Board shall consider 
and render decisions--
            (A) whether a record constitutes a related record; and
            (B) whether a related record or particular information in a 
        record qualifies for postponement of disclosure under this Act.
    (j) Powers.--
            (1) In general.--The Review Board shall have the authority 
        to act in a manner prescribed under this Act including 
        authority to--
                    (A) direct Government offices to complete 
                identification aids and organize related records;
                    (B) direct Government offices to transmit to the 
                Archivist related records as required under this Act, 
                including segregable portions of related records, and 
                substitutes and summaries of related records that can 
                be publicly disclosed to the fullest extent;
                    (C)(i) obtain access to related records that have 
                been identified and organized by a Government office;
                    (ii) 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; and
                    (iii) request the Attorney General to subpoena 
                private persons to compel testimony, records, and other 
                information relevant to its responsibilities under this 
                Act;
                    (D) require any Government office to account in 
                writing for the destruction of any records relating to 
                the life or assassination of Reverend Dr. Martin Luther 
                King, Jr.;
                    (E) receive information from the public regarding 
                the identification and public disclosure of related 
                records;
                    (F) hold hearings, administer oaths, and subpoena 
                witnesses and documents;
                    (G) use the Federal Supply Service in the same 
                manner and under the same conditions as other 
                departments and agencies of the United States; and
                    (H) use the United States mails in the same manner 
                and under the same conditions as other departments and 
                agencies of the United States.
            (2) Enforcement.--A subpoena issued under paragraph 
        (1)(C)(iii) may be enforced by any appropriate Federal court 
        acting pursuant to a lawful request of the Review Board.
    (k) Witness Immunity.--The Review Board shall be considered to be 
an agency of the United States for purposes of section 6001 of title 
18, United States Code.
    (l) Oversight.--(1) The Committee on Government Reform of the House 
of Representatives and the Committee on 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 
or newly discovered records after termination of the Review Board, 
shall conduct periodic hearings on the conduct of the board not less 
than every 2 years, and shall have access to any records held or 
created by the Review Board.
    (2) The Review Board, all Federal Government agencies, and the NARA 
shall have the duty to cooperate with the exercise of such oversight 
jurisdiction.
    (m) Support Services.--The Administrator of the General Services 
Administration shall provide administrative services for the Review 
Board on a reimbursable basis.
    (n) Interpretive Regulations.--The Review Board may issue 
interpretive regulations.
    (o) Termination and Winding Up.--(1) The Review Board and the terms 
of its members shall terminate not later than 4 years after the 
enactment of this Act, except that the Review Board may, by majority 
vote, extend its term for an additional 2-year period if it has not 
completed its work within that 4-year period.
    (2) Upon 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) Upon termination and winding up, the Review Board shall 
transfer all of its records to the Archivist for inclusion in the 
Collection, and no record of the Review Board shall be destroyed and 
records created in the course of its duties will be released to the 
public within 60 days of its termination.

SEC. 8. RECORDS REVIEW BOARD PERSONNEL.

    (a) Executive Director.--
            (1) Appointment.-- Not later than 45 days after the initial 
        meeting of the Review Board, the Review Board shall appoint one 
        citizen, without regard to political affiliation, to the 
        position of Executive Director.
            (2) Qualifications.--The person appointed as Executive 
        Director shall be a private citizen of integrity and 
        impartiality who is a distinguished professional and who is not 
        a present employee of any branch of the Government, has not 
        previously been employed by an intelligence agency, and has had 
        no previous involvement with any official investigation or 
        inquiry relating to the life or assassination of Reverend Dr. 
        Martin Luther King, Jr.
            (3) Security clearances.--
                    (A) A candidate for Executive Director shall be 
                granted the necessary security clearances in an 
                accelerated manner subject to the standard procedures 
                for granting such clearances.
                    (B) A candidate shall qualify for the necessary 
                security clearance prior to being approved by the 
                Review Board.
            (4) Duties.--The Executive Director shall--
                    (A) serve as principal liaison to Government 
                offices;
                    (B) be responsible for the administration and 
                coordination of the Review Board's review of records;
                    (C) be responsible for the administration of all 
                official activities conducted by the Review Board; and
                    (D) have no authority to decide or determine 
                whether any record should be disclosed to the public or 
                postponed for disclosure.
            (5) Removal.--The Executive Director shall not be removed 
        for reasons other than by a majority vote of the Review Board 
        for cause on the grounds of inefficiency, neglect of duty, 
        malfeasance in office, physical disability, mental incapacity, 
        failure to meet or falsification of any qualifications under 
        paragraph (2), or any other condition that substantially 
        impairs the performance of the responsibilities of the 
        Executive Director or the staff of the Review Board.
    (b) Staff.--
            (1) In general.-- The Review Board, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service and without regard to 
        the provisions of chapter 51 and chapter 53 of that title 
        relating to classification and General Service pay rates, may 
        appoint and terminate additional personnel as are necessary to 
        enable the Review Board and its Executive Director to perform 
        its duties.
            (2) Qualifications.-- A person appointed to the staff of 
        the Review Board shall be a private citizen of integrity and 
        impartiality who is not a present employee of any branch of the 
        Government, has not previously been in the employ of any 
        intelligence agency, and who has had no previous involvement 
        with any official investigation or inquiry relating to the life 
        or assassination of Reverend Dr. Martin Luther King, Jr.
            (3) Security clearances.--
                    (A) Acceleration.--A candidate for staff shall be 
                granted the necessary security clearances in an 
                accelerated manner subject to the standard procedures 
                for granting such clearances.
                    (B) Conditional employment.--(i) The Review Board 
                may offer conditional employment to a candidate for a 
                staff position pending the completion of security 
                background investigations. During the pendency of such 
                investigations, the Review Board shall ensure that any 
                such employee does not have access to, or 
                responsibility involving, classified or otherwise 
                restricted related record materials.
                    (ii) If a person hired on a conditional basis under 
                clause (i) is denied other otherwise does not qualify 
                for all security clearances necessary to carry out the 
                responsibilities of the position for which conditional 
                employment has been offered, the Review Board shall 
                immediately terminate the person's employment.
    (c) Compensation.--Subject to such rules as may be adopted by the 
Review Board, the chairperson, without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service and without regard to the provisions of chapter 51 and chapter 
53 of that title relating to classification and General Service pay 
rates, may--
            (1) appoint an Executive Director, who shall be paid at a 
        rate not to exceed the rate of basic pay for level V of the 
        Executive Schedule; and
            (2) appoint and fix compensation of such other personnel as 
        may be necessary to carry out this Act.
    (d) Advisory Committees.--(1) The Review Board shall create 
advisory committees to assist in fulfilling the responsibilities of the 
Review Board under this Act.
    (2) Any advisory committee created by the Review Board shall be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Security Clearance Required.--An individual employed in any 
position by the Review Board (including an individual appointed as 
Executive Director) shall be required to qualify for any necessary 
security clearance prior to taking office in that position, but may be 
employed conditionally in accordance with subsection (b)(3)(B) before 
qualifying for that clearance.

SEC. 9. REVIEW OF RECORDS BY THE RECORDS REVIEW BOARD.

    (a) Custody of Records Reviewed by Board.--Pending the outcome of 
the Review Board's review activity, a Government office shall retain 
custody of its related records for purposes of preservation, security, 
and efficiency, unless--
            (1) the Review Board requires the physical transfer of 
        records for reasons of conducting an independent and impartial 
        review; or
            (2) such transfer is necessary for an administrative 
        hearing or other official Review Board function.
    (b) Startup Requirements.--The Review Board shall--
            (1) not later than 90 days after the date of its 
        appointment, publish a schedule for review of all assassination 
        records in the Federal Register; and
            (2) not later than 180 days after the date of enactment of 
        this Act, begin its review of related records under this Act.
    (c) Determinations of the Review Board.--
            (1) Transmittal.--The Review Board shall direct that all 
        related 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 related record; or
                    (B) a Government record or particular information 
                within a related record qualifies for postponement of 
                public disclosure under this Act.
            (2) Postponement.--In approving postponement of public 
        disclosure of a related record, the Review Board shall seek 
        to--
                    (A) provide for the disclosure of segregable parts, 
                substitutes, or summaries of such a record; and
                    (B) determine, in consultation with the originating 
                body and consistent with the standards for postponement 
                under this Act, which of the following alternative 
                forms of disclosure shall be made by the originating 
                body:
                            (i) Any reasonably segregable particular 
                        information in a related record.
                            (ii) A substitute record for that 
                        information which is postponed.
                            (iii) A summary of a related record.
            (3) Report.--With respect to each related record or 
        particular information in related records the public disclosure 
        of which is postponed pursuant to section 6, 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 related 
                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) Disclosure.--
                    (A) Notice.--Following its review and a 
                determination that a related 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 within 14 days after the 
                determination is made.
                    (B) Legislative branch.--Contemporaneous notice 
                shall be made to the President for Review Board 
                determinations regarding executive branch related 
                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 contained in section 6.
    (d) Presidential Authority Over Review Board Determination.--
            (1) Public disclosure or postponement of disclosure.--After 
        the Review Board has made a formal determination concerning the 
        public disclosure or postponement of disclosure of an executive 
        branch related record or information within such a record, or 
        of any information contained in a related 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 6, 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 branch agency as required under this Act, stating the 
        justification for the President's decision, including the 
        applicable grounds for postponement under section 6, 
        accompanied by a copy of the identification aid required under 
        section 4. If, after 30 days, the President has not transmitted 
        such written certification to the Review Board, the Board may 
        proceed according to its formal determination.
            (2) Periodic review.--Any executive branch related record 
        postponed by the President shall be subject to the requirements 
        of periodic review, downgrading and declassification of 
        classified information, and public disclosure in the collection 
        set forth in section 4.
            (3) Record of presidential postponement.--The Review Board 
        shall, upon its receipt, publish in the Federal Register a copy 
        of any unclassified written certification, statement, and other 
        materials transmitted by or on behalf of the President with 
        regard to postponement of related records.
    (e) Notice to Public.--Every 30 calendar days, beginning on the 
date that is 60 calendar days after the date on which the Review Board 
first approves the postponement of disclosure of a related record, the 
Review Board shall publish in the Federal Register a notice that 
summarizes the postponements approved by the Review Board or initiated 
by the President, the House of Representatives, or the Senate, 
including a description of the subject, originating agency, length or 
other physical description, and each ground for postponement that is 
relied upon.
    (f) Reports by the Review Board.--(1) The Review Board shall report 
its activities to the leadership of the Congress, the Committee on 
Government Reform of the House of Representatives, the Committee on 
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) The first report shall be issued on the date that is 1 year 
after the date of enactment of this Act, and subsequent reports every 
12 months thereafter until termination of the Review Board.
    (3) A 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 
        personnel.
            (B) The progress made on review, transmission to the 
        Archivist, and public disclosure of related records.
            (C) The estimated time and volume of assassination 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) Suggestions and requests to Congress for additional 
        legislative authority needs.
            (G) An appendix containing copies of reports of postponed 
        records to the Archivist required under section 9(c)(3) made 
since the date of the preceding report under this subsection.
    (4) At least 90 calendar days before completing its work, the 
Review Board shall provide written notice to the President and Congress 
of its intention to terminate its operations at a specified date.

SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.

    (a) Materials Under Seal of Court.--
            (1) Header.--The Review Board may request the Attorney 
        General to petition any court in the United States or abroad to 
        release any information or physical evidence relevant to the 
        life or assassination of Reverend Dr. Martin Luther King, Jr., 
        that is held under seal of the court.
            (2) Header.--
                    (A) The Review Board may request the Attorney 
                General to petition any court in the United States to 
                release any information relevant to the life or 
                assassination of Reverend Dr. Martin Luther King, Jr., 
                that is held under the injunction of secrecy of a grand 
                jury.
                    (B) A request for disclosure of life or 
                assassination materials under this Act shall be deemed 
                to constitute a showing of particularized need under 
                Rule 6 of the Federal Rules of Criminal Procedure.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Attorney General should assist the Review Board in 
        good faith to unseal any records that the Review Board 
        determines to be relevant and held under seal by a court or 
        under the injunction of secrecy of a grand jury;
            (2) the Secretary of State should contact any other foreign 
        government that may hold information relevant to the life and 
        assassination of Reverend Dr. Martin Luther King, Jr., and seek 
        the disclosure of such information; and
            (3) all Executive agencies should cooperate in full with 
        the Review Board to seek the disclosure of all information 
        relevant to the life and assassination of Reverend Dr. Martin 
        Luther King, Jr., consistent with the public interest.

SEC. 11. PRIVATE RIGHT OF ACTION.

    (a) In General.--Any person who is aggrieved by a violation of this 
Act may bring a civil action in an appropriate district court for 
declaratory or injunctive relief with respect to the violation.
    (b) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.

SEC. 12. RULES OF CONSTRUCTION.

    (a) 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), judicial decision construing such law, or common law 
doctrine that would otherwise prohibit such transmission or disclosure.
    (b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file requests with any 
executive agency or seek judicial review of the decisions pursuant to 
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, 
or the House of Representatives, or any other entity of the Government 
to publicly disclose records in its possession.
    (e) Rules of the Senate and House of Representatives.--To the 
extent that any provision of this Act establishes a procedure to be 
followed in the Senate or the House of Representatives, such provision 
is adopted--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and is deemed to be 
        part of the rules of each House, respectively, but applicable 
        only with respect to the procedure to be followed in that 
        House, and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 13. TERMINATION OF EFFECT OF ACT.

    (a) Provisions Pertaining to the Review Board.--The provisions of 
this Act that pertain to the appointment and operation of the Review 
Board shall cease to be effective when the Review Board and the terms 
of its members have terminated pursuant to section 7(o).
    (b) Other Provisions.--The remaining provisions of this Act shall 
continue in effect until such time as the Archivist certifies to the 
President and the Congress that all assassination records have been 
made available to the public in accordance with this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 15. RECORDS PENDING.

     Upon termination of the Review Board, all records that are still 
pending postponement determinations shall be presumed to be available 
for release.

SEC. 16. WHISTLEBLOWER PROTECTION.

    All members of the Review Board staff, the Review Board, NARA, and 
all Federal agencies covered under this Act shall treat relevant 
employees in accordance with the Whistleblowers Protection Act 
provisions, particularly relating to the disclosure of improper 
document retention, release, and disclosure.

SEC. 17. SEVERABILITY.

     If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of that provision to other persons not similarly 
situated or to other circumstances shall not be affected by the 
invalidation.
                                 <all>