[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2499 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2499

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2006

   Mr. Kerry introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Martin Luther 
King, Jr., Records Collection Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and declarations.
Sec. 3. Definitions.
Sec. 4. Reverend Dr. Martin Luther King, Jr., Records Collection at the 
                            National Archives.
Sec. 5. Review, identification, transmission to the National Archives, 
                            and public disclosure of related records by 
                            Government offices.
Sec. 6. Postponement of public disclosure of records.
Sec. 7. Establishment and powers of the Records Review Board.
Sec. 8. Records Review Board personnel.
Sec. 9. Review of records by the Records Review Board.
Sec. 10. Disclosure of materials under seal of court.
Sec. 11. Private right of action.
Sec. 12. Rules of construction.
Sec. 13. Termination of effect of Act.
Sec. 14. Authorization of appropriations.
Sec. 15. Records pending.
Sec. 16. Whistleblower protection.
Sec. 17. Severability.

SEC. 2. FINDINGS AND DECLARATIONS.

    (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.;
            (7) legislation is necessary because records relating to 
        the life and assassination of Reverend Dr. Martin Luther King, 
        Jr., that were previously declassified and released to the 
        public are being reevaluated for reclassification; and
            (8) 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
            (2) to require the expeditious public transmission to the 
        Archivist and public disclosure (including by electronic means) 
        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'' includes all records, 
        public and private, regardless of how labeled or identified, 
        that document, describe, report on, analyze or interpret 
        activities, persons, or events reasonably related to the life 
        and assassination of Dr. Martin Luther King, Jr., and 
        investigations of or inquiries into his life or death, 
        including a record--
                    (A) that was created or made available for use by, 
                obtained by, or otherwise came into the possession of--
                            (i) the Commission on Central Intelligence 
                        Agency Activities Within the United States (the 
                        ``Rockefeller Commission'');
                            (ii) the Senate Select Committee to Study 
                        Governmental Operations with Respect to 
                        Intelligence Activities (the ``Church 
                        Committee'');
                            (iii) the Select Committee on 
                        Assassinations (the ``House Assassinations 
                        Committee'') of the House of Representatives;
                            (iv) the Select Committee on Intelligence 
                        (the ``Pike Committee'') of the House of 
                        Representatives;
                            (v) the Library of Congress;
                            (vi) the National Archives;
                            (vii) any Presidential library;
                            (viii) any Executive agency;
                            (ix) any independent agency;
                            (x) any Government office;
                            (xi) 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.; or
                            (xii) any donated deed or gift; or
                    (B) that is any of the following:
                            (i) A record created in the course of a 
                        Federal, State, or local governmental 
                        investigation that is no longer in possession 
                        of the Federal, State, or local government.
                            (ii) A record located at, or under the 
                        control of--
                                    (I) record repositories and 
                                archives of a Federal, State, or local 
                                government;
                                    (II) record repositories and 
                                archives of a university, library, 
                                historical society, or similar 
                                organization;
                                    (III) an individual who possesses 
                                the record by virtue of service with a 
                                Government office;
                                    (IV) a person, including an 
                                individual or corporation, who obtained 
                                such record from Government sources or 
                                individuals identified in this Act; or
                                    (V) a person, including an 
                                individual or corporation, who created 
                                or has obtained such record from 
                                sources other than those identified in 
                                this clause.
                            (iii) A record of a Federal or State 
                        criminal or civil court, including a record 
                        under seal released in accordance with section 
                        10.
                            (iv) A record generated by a foreign 
                        government.
                            (v) A record in possession of a contractor 
                        of the Federal Government.
                            (vi) All records collected by or segregated 
                        by all Federal, State, and local government 
                        agencies in conjunction with any investigation 
                        or analysis of or inquiry into the life and 
                        assassination of Dr. Martin Luther King, Jr., 
                        including any intra-agency investigation or 
                        analysis, any interagency communications, any 
                        request by the Select Committee on 
                        Assassinations of the House of Representatives 
                        to collect documents and other materials, or 
                        any intra-agency collection or segregation of 
                        documents and other materials regarding the 
                        life and assassination of Dr. Martin Luther 
                        King, Jr.
                            (vii) All documents used by Government 
                        offices and agencies during their 
                        declassification review of related records as 
                        well as all other documents, indices, and other 
                        material, including but not limited to those 
                        that disclose cryptonyms, code names, or other 
                        identifiers that appear in related records that 
                        would reasonably constitute a related record or 
                        would assist in the identification, evaluation, 
                        or interpretation of a related record, 
                        including--
                                    (I) with respect to records that 
                                are identified with respect to a 
                                particular person, all records relating 
                                to that person that use or reflect the 
                                true name or any other name, pseudonym, 
                                codeword, symbol, number, cryptonym, or 
                                alias used to identify that person;
                                    (II) with respect to records that 
                                are identified with respect to a 
                                particular operation or program, all 
                                records pertaining to that program by 
                                any other name, pseudonym, codeword, 
                                symbol, number, or cryptonym; and
                                    (III) any other record that does 
                                not fall within the scope of a related 
                                record as described in the Act, but 
                                which has the potential to enhance, 
                                enrich, and broaden the historical 
                                record of the life and death of Dr. 
                                Martin Luther King, Jr.
            (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'' includes--
                    (A) all current, past, and former departments, 
                agencies, offices, divisions, foreign offices, bureaus, 
                and deliberative bodies of any Federal, State, or local 
                government and includes all inter- or intra-agency 
                working groups, committees, and meetings that possess 
                or created records relating to the life and 
                assassination of Dr. Martin Luther King, Jr.; and
                    (B) any office of the Federal Government that has 
                possession or control of related records, including--
                            (i) the House Committee on Administration 
                        with regard to the Select Committee on 
                        Assassinations of the records of the House of 
                        Representatives;
                            (ii) 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;
                            (iii) the Library of Congress;
                            (iv) 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
                            (v) any other executive branch office or 
                        agency, and any independent agency.
            (6) The term ``identification aid'' means the written 
        description prepared by the Archivist for each record as 
        required by section 4.
            (7) The term ``National Archives'' means the National 
        Archives 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 or artifact 
        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.

    (a) In General.--(1) Not later than 60 days after the date of 
enactment of this Act, the National Archives 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 originals or 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, including the central directory 
described in paragraph (2)(B), which shall be available to the public 
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, or 
                were so transmitted or disclosed and reclassified prior 
                to such date of enactment;
                    (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 copies of 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 copies of 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 
        copies of the portion of the Collection maintained at the 
        secondary location pursuant to this subsection, and the entity 
        responsible for maintaining such copies 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) Availability of Collection at Archives and Electronically.--
Each item in the Collection (as described in subsection (a)(2)), other 
than an artifact or a record the disclosure of which is postponed under 
this Act, shall be available to the public for inspection and copying 
at the National Archives and through an electronic format within 30 
days after its 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.
    (2) Whenever artifacts are included in the Collection, it shall be 
sufficient to comply with this Act if the public is provided with 
access to photographs, drawings, or similar materials depicting the 
artifacts. Additional display, examination, or testing by the public of 
artifacts in the Collection shall occur if there is a reasonable claim 
that such examination or testing will reveal aspects of the artifact 
that cannot be determined from such photographs or depictions, and 
shall occur under the terms and conditions established by the National 
Archives to ensure their preservation and protection for prosperity.
    (3) The National Archives, in consultation with its Information 
Security Oversight Office, shall ensure the security of the records in 
the Collection that qualify for postponement of public disclosure 
pursuant to section 6.
    (f) Oversight.--The Committee on 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 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 for review.--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) Determination of use of originals or copies.--
                    (A) For purposes of determining whether originals 
                or copies of related records are to be made part of the 
                Collection established under this Act, the following 
                shall apply:
                            (i) In the case of papers, maps, and other 
                        documentary materials, the Review Board may 
                        determine that record copies of Government 
                        records, either the signed original, original 
                        production, or a reproduction that has been 
                        treated as the official record maintained to 
                        chronicle government functions or activities 
                        may be placed in the Collection.
                            (ii) In the case of other papers, maps, and 
                        other documentary material, the Review Board 
                        may determine that a true and accurate copy of 
                        a record in lieu of the original may be placed 
                        in the Collection.
                            (iii) In the case of photographs, the 
                        original negative, whenever available 
                        (otherwise the nearest generation print that is 
                        a true and accurate copy), may be placed in the 
                        Collection.
                            (iv) In the case of motion pictures, the 
                        camera original, whenever available (otherwise 
                        the earliest generation print that is a true 
                        and accurate copy) may be placed in the 
                        Collection.
                            (v) In the case of sound and video 
                        recordings, the original recording, whenever 
                        available (otherwise the earliest generation 
                        copy that is a true and accurate copy) may be 
                        placed in the Collection.
                            (vi) In the case of machine-readable 
                        information, a true and accurate copy of the 
                        original (duplicating all information contained 
                        in the original and in a format that permits 
                        retrieval of the information) may be placed in 
                        the Collection.
                            (vii) In the case of artifacts, the 
                        original objects themselves shall be placed in 
                        the Collection.
                    (B) To the extent records from foreign governments 
                are included in the Collection, copies of the original 
                records shall be sufficient for inclusion in the 
                Collection.
                    (C) In cases where a copy, as defined in 
                subparagraph (D), is authorized by the Review Board to 
                be included in the Collection, the Review Board may 
                require that a copy be certified if, in its discretion, 
                it determines a certification to be necessary to ensure 
                the integrity of the Collection. In cases where an 
                original, as defined in subparagraph (A), is required 
                for inclusion in the Collection, the Review Board may, 
                at its discretion, accept the best available copy. In 
                such cases that records included in the Collection, 
                whether originals or copies, contain illegible 
                portions, such records shall have attached thereto a 
                certified transcription of the illegible language to 
                the extent practicable.
                    (D) For purposes of implementing this Act, the term 
                ``copy'' means true and accurate photocopy duplication 
                by a means appropriate to the medium of the original 
                record that preserves and displays the integrity of the 
                record and the information contained in it.
                    (E) Nothing in this paragraph shall be interpreted 
                to suggest that additional copies of any related 
                records contained in the Collection are not also 
                related records that, at the Review Board's discretion, 
                may also be placed in the Collection.
                    (F) Nothing in this paragraph shall be interpreted 
                to prevent or to preclude copies of any electronic 
                related records from being reformatted electronically 
                in order to conform to different hardware or software 
                requirements of audiovisual or machine readable formats 
                if such is the professional judgment of the National 
                Archives.
            (3) Related records.--In carrying out this section, a 
        Government office may not destroy, alter, or mutilate in any 
        way a related record.
            (4) Prior disclosure.--
                    (A) Except as provided in subparagraph (B), in 
                carrying out this section, a Government office may not 
                withhold, redact, postpone for public disclosure, or 
                reclassify a related record that was made available or 
                disclosed to the public prior to the date of enactment 
                of this Act.
                    (B) For purposes of subparagraph (A), a Government 
                office may withhold names or identifies, consistent 
                with the requirements of section 6, in a related record 
                created by a person or entity outside government.
    (b) Custody of Related Records Pending Review.--During the review 
by a Government office and pending review activity by the Review Board, 
the 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;
            (3) it is a third agency record described in subsection 
        (c)(2)(C); or
            (4) any other records are transferred to the Archives for 
        public disclosure.
    (c) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, each Government office shall review each 
        related record in its custody or possession in accordance with 
        paragraph (2).
            (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, including the following:
                            (i) All training manuals, instructional 
                        materials and guidelines created or used by the 
                        Government office in furtherance of its review 
                        of related records.
                            (ii) All records, lists, and documents 
                        describing the procedure by which the office 
                        identified or selected related records for 
                        review.
                            (iii) Organizational charts of the office.
                            (iv) Records necessary and sufficient to 
                        describe the office's--
                                    (I) records policies and schedules;
                                    (II) filing systems and 
                                organization;
                                    (III) storage facilities and 
                                locations;
                                    (IV) indexing symbols, marks, 
                                codes, instructions, guidelines, 
                                methods, and procedures; and
                                    (V) search methods and procedures 
                                used in the performance of the duties 
                                of the office under this Act.
                            (v) Reclassification to a higher level, 
                        transfer, destruction, or other information 
                        (e.g., theft) regarding the status of related 
                        records.
            (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 and searchable electronically.
            (2) Printed copies.--Upon completion of an identification 
        aid by the Archivist, 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) 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, identification aids, and indexes.

SEC. 6. POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

    (a) Grounds for Postponement.--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, as of the time the postponement decision is 
        made, 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.
    (b) 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 by section 4(e)(2).
    (c) Annual Review of Postponed Related Records.--(1) All postponed 
or redacted records shall be reviewed annually by the originating 
agency and the Archivist consistent with the recommendations of the 
Review Board under section 9(c)(3)(B).
    (2) An annual review shall address the public disclosure of 
additional related records in the Collection. Any related records 
discovered since the preceding annual review in possession of any 
Federal, State, or local agency, Government office, organization, or 
person shall be added to the Collection, and the annual review also 
shall address the public disclosure of such records under the standard 
of this Act.
    (3) All postponed related records determined to require continued 
postponement shall require an unclassified written description of the 
record and the reason for such continued postponement. Such description 
shall be provided to the Archivist and published in the Federal 
Register upon determination.
    (4) The annual review of postponed related records shall serve to 
downgrade and declassify security classified information and implement 
the presumption of release required by section 15.
    (d) Requirement to Disclose Postponed Records.--Each related record 
shall be publicly disclosed in full, and available in the Collection no 
later than 1 year after the termination of the Review Board or the date 
that is 8 years after the date of enactment of this Act, whichever is 
earlier, unless the President certifies, as required by this Act, that 
continued postponement is made necessary by--
            (1) a current and identifiable harm to the military 
        defense, intelligence operations, law enforcement, or conduct 
        of foreign relations; and
            (2) the identifiable harm is of such gravity that it 
        outweighs the public interest in disclosure.

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 ``Martin Luther King 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) Three alternate members.--The President shall appoint, 
        without regard to political affiliation, 3 citizens to serve as 
        alternate members of the Review Board in the case of a vacancy. 
        The appointments shall be made at the same time members under 
        paragraph (1) are nominated.
            (3) Nominations.--The President shall make nominations to 
        the Review Board not later than 90 calendar days after the date 
        of enactment of this Act.
            (4) 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.
            (5) Recommendations.--(A) The President shall make 
        nominations to the Review Board after considering persons 
        recommended by the Society of American Archivists, the National 
        Bar Association, the Black Caucus of the American Library 
        Association, Inc., and the National Conference of Black 
        Political Scientists.
            (B) If an organization described in subparagraph (A) does 
        not recommend at least 2 nominees meeting the qualifications 
        stated in paragraph (6) 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.
            (6) 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 
                into the life or death of Dr. Martin Luther King, Jr., 
                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, 
commensurate 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 Homeland 
Security and Governmental Affairs of the Senate.
    (d) Confirmation Hearings.--(1) The Committee on Homeland Security 
and 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 Homeland Security and 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 Homeland Security and 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. Nominations for a vacancy shall be made from 
among the alternate members appointed under subsection (b)(2).
    (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 subsection 
                (b)(6), 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 Homeland Security and Governmental 
                Affairs of the Senate a report specifying the facts 
                found and the grounds for the removal.
                    (B) Publication.--The President shall publish in 
                the Federal Register a report submitted under 
                subparagraph (A), except that the President may, if 
                necessary to protect the rights of a person named in 
                the report or to prevent undue interference with any 
                pending prosecution, postpone or refrain from 
                publishing any or all of the report until the 
                completion of such pending cases or pursuant to privacy 
                protection requirements in law.
            (3) Judicial review.--
                    (A) 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.--The Review Board shall carry out 
sections 9 and 10 of this Act and any other duties of the Board as 
specified in 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 and State and Federal employees 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 previous 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;
                    (H) use the United States mails in the same manner 
                and under the same conditions as other departments and 
                agencies of the United States; and
                    (I) appoint within 30 days after the appointment of 
                the Review Board an independent citizen advisory 
                committee, subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.), that includes members of the civil 
                rights community and the King family.
            (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 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 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 for a period ending 2 
years after termination of the Review Board or 1 year after the 
certification of the Archivist under section 13(b), and shall have 
access to any records held or created by the Review Board.
    (2) The Review Board, all Federal Government agencies, and the 
National Archives 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 5 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 5-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) 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) 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 its 
        appointment, begin its review of related records under this 
        Act.
    (b) Determinations of the Review Board Relating to Public 
Disclosure and Postponement.--
            (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) Notice of related record designation.--
                    (A) In determining to designate related records, 
                the Review Board must determine that the record or 
                group of records will more likely than not enhance, 
                enrich, and broaden the historical record of the life 
                and assassination of Dr. Martin Luther King, Jr.
                    (B) A Notice or Related Record Designation (NRRD) 
                shall be the mechanism for the Review Board to announce 
                publicly its determination that a record or group of 
                records meets the definition of related records.
            (3) Postponement.--
                    (A) The Review Board shall consider and render 
                decisions on a determination by a Government office to 
                seek to postpone the disclosure of related records. In 
                carrying out this subparagraph, the Review Board 
                shall--
                            (i) consider and render decisions on 
                        whether a record constitutes a related record;
                            (ii) consider and render decisions on 
                        whether a related record or particular 
                        information in a record qualifies for 
                        postponement of disclosure under this Act; and
                            (iii) in the case of a related record that 
                        qualifies for such postponement, set specific 
                        conditions and dates for public disclosure of 
                        the record, related to events or specific dates 
                        when the reasons for postponement will end.
                    (B) A related record shall be released in its 
                entirety except for portions specifically postponed 
                pursuant to the grounds for postponement of public 
                disclosure of records established in section 6(a), and 
                no portion of any related record shall be withheld from 
                public disclosure solely on grounds of nonrelevance 
                unless, in the Review Board's sole discretion, release 
                of a part of a record is sufficient to comply with the 
                intent and purposes of this Act.
                    (C) In approving postponement of public disclosure 
                of a related record, the Review Board shall seek to--
                            (i) provide for the disclosure of 
                        segregable parts, substitutes, or summaries of 
                        such a record; and
                            (ii) 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.
            (4) 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 of the specific conditions and 
                dates for the public disclosure of the record as set by 
                the Review Board under paragraph (3)(A)(iii).
            (5) Notice.--
                    (A) In general.--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, publish a copy of the determination in 
                the Federal Register within 14 days after the 
                determination is made, and provide that the 
                determination is searchable electronically.
                    (B) Contemporaneous notice to executive and 
                legislative branches.--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.
    (c) 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, and upon a 
        written appeal to the President by the originating agency or 
        third agency within 30 days after such determination, 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) Annual review.--Any executive branch related record 
        postponed by the President shall be subject to the requirements 
        of annual review, downgrading and declassification of 
        classified information, and public disclosure in the collection 
        set forth in section 6.
            (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 and provide that such 
        copies are searchable electronically.
    (d) 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, and provide that the notice is searchable electronically.
    (e) 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 
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) 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.
            (H) Any recommendations made by the citizens advisory 
        committee appointed by the Review Board.
            (I) Any recommendations of the Review Board.
    (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 MATERIALS UNDER SEAL OF COURT.

    (a) Requests to Attorney General.--
            (1) Requests for information or evidence under seal.--The 
        Review Board may request the Attorney General--
                    (A) 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; or
                    (B) to subpoena any such information or evidence if 
                such information or evidence is no longer in the 
                possession of the Government.
            (2) Requests for information under injunction of secrecy of 
        a grand jury.--
                    (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., seek the 
        disclosure of such information, and report on progress on these 
        matters to the Review Board in a timely fashion; 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, except that any related 
record discovered after termination of the Review Board shall be 
considered for postponement or public disclosure under the standards of 
this Act, not such section 552.
    (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, including 
any related record subsequently discovered as described in section 
6(c)(2), 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, the 
National Archives, and all Federal agencies covered under this Act 
shall treat relevant employees in accordance with the provisions of 
chapter 23 of title 5, United States Code, prohibiting certain 
personnel practices (commonly referred to as whistleblower protection 
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>