1.Short title; table of
contents
(a)This Act may be cited
as the Martin Luther King, Jr.,
Records Collection Act of 2006
.
(b)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.
2.Findings and
declarations
(a)Findings and
declarationsThe 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)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.
3.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.
4.Reverend Dr.
Martin Luther King, Jr., Records Collection at the National Archives
(a)(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)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 agreementThe 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)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 locationThe 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 electronicallyEach 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)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)(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)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.
5.Review,
identification, transmission to the National Archives, and public disclosure of
related records by Government offices
(a)
(1)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)In carrying out this section, a Government office may not
destroy, alter, or mutilate in any way a related record.
(4)
(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 reviewDuring 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)
(1)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)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)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)
(1)
(A)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)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)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 recordsRelated 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 ArchivesEach 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)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.
6.Postponement of
public disclosure of records
(a)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 recordsA 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 recordsEach 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.
7.Establishment and
powers of the Records Review Board
(a)There
is established as an independent agency a board to be known as the
Martin Luther King Records Review Board
.
(b)
(1)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)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)The
President shall make nominations to the Review Board not later than 90 calendar
days after the date of enactment of this Act.
(4)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)(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)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)(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)(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)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)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)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)
(A)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)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)
(A)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)The
member may be reinstated or granted other appropriate relief by order of the
court.
(h)(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 BoardThe 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)
(1)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)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)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)(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)The Administrator of the General Services Administration
shall provide administrative services for the Review Board on a reimbursable
basis.
(n)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.
8.Records Review
Board personnel
(a)
(1)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)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)
(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)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)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)
(1)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)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)
(A)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)(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)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
requiredAn 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.
9.Review of records
by the Records Review Board
(a)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)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)
(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)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)
(A)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 branchesContemporaneous
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 disclosureAfter 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)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 postponementThe 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)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.
10.Disclosure of
materials under seal of court
(a)Requests to
Attorney General
(1)Requests for
information or evidence under sealThe 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)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.
11.
(a)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)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.
12.
(a)Precedence over
other lawWhen 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 ActNothing 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)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)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 RepresentativesTo 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.
13.Termination of
effect of Act
(a)Provisions
pertaining to the Review BoardThe 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)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.
14.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this Act,
to remain available until expended.
15.Upon termination of
the Review Board, all records that are still pending postponement
determinations shall be presumed to be available for release.
16.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.
17.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.