[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 3191

_______________________________________________________________________

                                 AN ACT


 
 To provide for the expeditious disclosure of records related to civil 
               rights cold cases, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Cold Case Records 
Collection Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Archivist.--The term ``Archivist'' means the Archivist 
        of the United States.
            (2) Civil rights cold case.--The term ``civil rights cold 
        case'' means any unsolved case--
                    (A) arising out of events which occurred during the 
                period beginning on January 1, 1940 and ending on 
                December 31, 1979; and
                    (B) related to--
                            (i) section 241 of title 18, United States 
                        Code (relating to conspiracy against rights);
                            (ii) section 242 of title 18, United States 
                        Code (relating to deprivation of rights under 
                        color of law);
                            (iii) section 245 of title 18, United 
                        States Code (relating to federally protected 
                        activities);
                            (iv) sections 1581 and 1584 of title 18, 
                        United States Code (relating to peonage and 
                        involuntary servitude);
                            (v) section 901 of the Fair Housing Act (42 
                        U.S.C. 3631); or
                            (vi) any other Federal law that was--
                                    (I) in effect on or before December 
                                31, 1979; and
                                    (II) enforced by the criminal 
                                section of the Civil Rights Division of 
                                the Department of Justice before the 
                                date of enactment of this Act.
            (3) Civil rights cold case record.--The term ``civil rights 
        cold case record'' means a record that--
                    (A) is related to a civil rights cold case; and
                    (B) was created or made available for use by, 
                obtained by, or otherwise came into the possession of--
                            (i) the Library of Congress;
                            (ii) the National Archives;
                            (iii) any executive agency;
                            (iv) any independent agency;
                            (v) any other entity of the Federal 
                        Government; or
                            (vi) any State or local government, or 
                        component thereof, that provided support or 
                        assistance or performed work in connection with 
                        a Federal inquiry into a civil rights cold 
                        case.
            (4) Collection.--The term ``Collection'' means the Civil 
        Rights Cold Case Records Collection established under section 
        3.
            (5) Executive agency.--The term ``executive agency'' means 
        an agency, as defined in section 552(f) of title 5, United 
        States Code.
            (6) Government office.--The term ``Government office'' 
        means any office of the Federal Government that has possession 
        or control of 1 or more civil rights cold case records.
            (7) Government official.--The term ``Government official'' 
        means any officer or employee of the United States, including 
        elected and appointed officials.
            (8) National archives.--The term ``National Archives'' 
        means the National Archives and Records Administration and all 
        components thereof, including Presidential archival 
        depositories established under section 2112 of title 44, United 
        States Code.
            (9) Official investigation.--The term ``official 
        investigation'' means the review of a civil rights cold case 
        conducted by any entity of the Federal Government either 
        independently, at the request of any Presidential commission or 
        congressional committee, or at the request of any Government 
        official.
            (10) Originating body.--The term ``originating body'' means 
        the executive agency, Government commission, congressional 
        committee, or other Governmental entity that created a record 
        or particular information within a record.
            (11) Public interest.--The term ``public interest'' means 
        the compelling interest in the prompt public disclosure of 
        civil rights cold case records for historical and Governmental 
        purposes and for the purpose of fully informing the people of 
        the United States about the history surrounding all civil 
        rights cold cases in the United States.
            (12) Record.--The term ``record'' has the meaning given the 
        term in section 3301 of title 44, United States Code.
            (13) Review board.--The term ``Review Board'' means the 
        Civil Rights Cold Case Records Review Board established under 
        section 5.

SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COLLECTION AT THE NATIONAL 
              ARCHIVES AND RECORD ADMINISTRATION.

    (a) In General.--
            (1) Establishment of the civil rights cold case records 
        collection.--Not later than 60 days after the date of enactment 
        of this Act, the Archivist shall--
                    (A) commence establishing a collection of civil 
                rights cold case records to be known as the ``Civil 
                Rights Cold Case Records Collection'' that ensures the 
                physical integrity and original provenance of all 
                records in the Collection;
                    (B) commence preparing and publishing the subject 
                guidebook and index to the Collection; and
                    (C) establish criteria for Government offices to 
                follow when transmitting copies of civil rights cold 
                case records to the Archivist, to include required 
                metadata.
            (2) Contents of collection.--The Collection shall include--
                    (A) a copy of each civil rights cold case record--
                            (i) that has not been transmitted to the 
                        Archivist, which shall be transmitted to the 
                        Archivist in accordance with section 2107 of 
                        title 44, United States Code, by the entity 
                        described in section 2(3)(B) in possession of 
                        the civil rights cold case record, except in 
                        the case of a State or local government;
                            (ii) that has been transmitted to the 
                        Archivist or disclosed to the public in an 
                        unredacted form before the date of the 
                        enactment of this Act;
                            (iii) that is required to be transmitted to 
                        the Archivist; or
                            (iv) the disclosure of which is postponed 
                        under this Act; and
                    (B) all Review Board records, as required under 
                this Act.
    (b) Disclosure of Records.--All civil rights cold case records 
transmitted to the Archivist for disclosure to the public--
            (1) shall be included in the Collection;
            (2) not later than 60 days after the transmission of the 
        record to the Archivist, shall be available to the public for 
        inspection and copying at the National Archives; and
            (3) shall be prioritized for digitization by the National 
        Archives.
    (c) Fees for Copying.--The Archivist shall--
            (1) use efficient electronic means when possible;
            (2) charge fees for copying civil rights cold case records; 
        and
            (3) grant waivers of such fees pursuant to the standard 
        established under section 552(a)(4) of title 5, United States 
        Code.
    (d) Additional Requirements.--The Archivist shall ensure the 
security of civil rights cold case records in the Collection for which 
disclosure is postponed.
    (e) Transmission to the National Archives.--
            (1) In general.--Subject to paragraph (2), each Government 
        office shall, in accordance with the criteria established by 
        the Archivist under subsection (a)(1)(C)--
                    (A) as soon as is reasonably practicable, and in 
                any event not later than 2 years after the date of the 
                enactment of this Act, transmit to the Archivist, for 
                the Archivist to make available to the public in 
                accordance with subsection (b), a copy of each civil 
                rights cold case record that can be publicly disclosed, 
                including any such record that is publicly available on 
                the date of enactment of this Act, without any 
                redaction, adjustment, or withholding under the 
                standards of this Act; and
                    (B) transmit to the Archivist upon approval for 
                postponement by the Review Board or upon completion of 
                other action authorized by this Act, a copy of each 
                civil rights cold case record for which public 
                disclosure has been postponed, in whole or in part, 
                under the standards of this Act, to become part of the 
                protected Collection.
            (2) Reopening of cases.--If, not later than 2 years after 
        the date of enactment of this Act, the Attorney General submits 
        to the Archivist a certification that the Attorney General 
        intends to reopen and pursue prosecution of the civil rights 
        cold case to which a civil rights cold case record relates, the 
        Attorney General shall transmit to the Archivist the civil 
        rights cold case record in accordance with paragraph (1)--
                    (A) not later than 90 days after--
                            (i) final judgment is entered in the 
                        proceedings relating to the civil rights cold 
                        case; or
                            (ii) proceedings relating to the civil 
                        rights cold case are dismissed with prejudice; 
                        or
                    (B) not later than the date that is 1 year after 
                the date on which the Attorney General submits to the 
                Archivist the certification, if an indictment or 
                information has not been filed with respect to the 
                civil rights cold case.
    (f) Periodic Review of Postponed Civil Rights Cold Case Records.--
            (1) In general.--Each civil rights cold case record that is 
        redacted or for which public disclosure is postponed shall be 
        reviewed not later than December 31 each year by the entity 
        submitting the record and the Archivist, consistent with the 
        recommendations of the Review Board under section 7(c)(3)(B).
            (2) Requirements of periodic review.--The periodic review 
        under paragraph (1) shall address the public disclosure of 
        additional civil rights cold case records in the Collection 
        under the standards of this Act.
            (3) Unclassified written description.--Any civil rights 
        cold case record for which postponement of public disclosure is 
        continued shall include an unclassified written description of 
        the reason for such continued postponement, which shall be 
        provided to the Archivist and made available on a publicly 
        accessible website upon the determination to continue the 
        postponement.
            (4) Full disclosure of civil rights cold case record 
        required.--
                    (A) In general.--Each civil rights cold case record 
                that is not publicly disclosed in full as of the date 
                on which the Review Board terminates under section 5(n) 
                shall be publicly disclosed in full and available in 
                the Collection not later than 25 years after the date 
                of enactment of this Act unless--
                            (i) the head of the originating body, an 
                        executive agency, or other Government office 
                        recommends in writing the exemption of the 
                        record or information, the release of which 
                        would clearly and demonstrably be expected to--
                                    (I) cause identifiable or 
                                describable damage to national 
                                security, military defense, law 
                                enforcement, intelligence operations, 
                                or the conduct of foreign relations 
                                that is of such gravity that it 
                                outweighs the public interest in 
                                disclosure; or
                                    (II) reveal information described 
                                in paragraphs (1) through (9) of 
                                section 3.3(b) of Executive Order 13526 
                                (75 Fed. Reg. 707; relating to 
                                classified national security 
                                information);
                            (ii) the written recommendation described 
                        in clause (i)--
                                    (I) is provided to the Archivist 
                                not later than 180 days before the date 
                                that is 25 years after the date of 
                                enactment of this Act; and
                                    (II) includes--
                                            (aa) a justification of the 
                                        recommendation to postpone 
                                        disclosure; and
                                            (bb) a recommended 
                                        specified time at which or a 
                                        specified occurrence following 
                                        which the material may be 
                                        appropriately disclosed to the 
                                        public under this Act; and
                            (iii) the Archivist agrees with the written 
                        recommendation described in clause (i).
                    (B) Notification.--If the Archivist does not agree 
                with the recommendation described in subparagraph 
                (A)(i), the Archivist shall notify the head of the 
                originating body, executive agency, or other Government 
                office making the recommendation not later than 90 days 
                before the date that is 25 years after the date of 
                enactment of this Act.
    (g) Digitization of Records.--Each executive agency shall make text 
searchable documents available to the Review Board pursuant to 
standards established under section 552(a)(3) of title 5, United States 
Code.
    (h) Notice Regarding Public Disclosure.--
            (1) Finding.--Congress finds that the public release of 
        case-related documents and information without notice may 
        significantly affect the victims of the events to which the 
        case relates and their next of kin.
            (2) Notice.--Not later than 7 days before a civil rights 
        cold case record is publicly disclosed, the executive agency 
        releasing the civil rights cold case record, in coordination 
        with the Government office that had possession or control of 
        the civil rights cold case record, shall take all reasonable 
        efforts to provide the civil rights cold case record to the 
        victims of the events to which the civil rights cold case 
        record relates, or their next of kin.

SEC. 4. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

    Disclosure of civil rights cold case records or particular 
information within a civil rights cold case record to the public may be 
postponed subject to the limitations of this Act if disclosure would 
clearly and demonstrably be expected to--
            (1)(A) cause identifiable or describable damage to national 
        security, military defense, law enforcement, intelligence 
        operations, or the conduct of foreign relations that is of such 
        gravity that it outweighs the public interest in disclosure; or
            (B) reveal information described in paragraphs (1) through 
        (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 
        707; relating to classified national security information);
            (2)(A) reveal the name or identity of a living individual 
        who provided confidential information to the United States; and
            (B) pose a substantial risk of harm to that individual;
            (3) constitute an unwarranted invasion of personal privacy;
            (4)(A) compromise the existence of an understanding of 
        confidentiality currently requiring protection between a 
        Government agent and a cooperating individual or group; and
            (B) be so harmful that the understanding of confidentiality 
        outweighs the public interest;
            (5) endanger the life or physical safety of any individual; 
        or
            (6) interfere with ongoing law enforcement proceedings.

SEC. 5. ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD CASE RECORDS 
              REVIEW BOARD.

    (a) Establishment.--There is established, as an independent agency, 
a board to be known as the Civil Rights Cold Case Records Review Board.
    (b) Appointment.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate, 5 individuals to serve as 
        members of the Review Board, to ensure and facilitate the 
        review, transmission to the Archivist, and public disclosure of 
        civil rights cold case records.
            (2) Initial appointment.--
                    (A) In general.--Initial appointments to the Review 
                Board shall, so far as practicable, be made not later 
                than 60 days after the date of enactment of this Act.
                    (B) Recommendations.--In making appointments to the 
                Review Board, the President may consider any 
                individuals recommended by the American Historical 
                Association, the Organization of American Historians, 
                the Society of American Archivists, and the American 
                Bar Association.
                    (C) Extension.--If an organization described in 
                subparagraph (B) does not recommend at least 2 nominees 
                meeting the qualifications stated in paragraph (3) 
                within 60 days after the date of enactment of this Act, 
                the deadline under subparagraph (A) shall be extended 
                until the earlier of 60 days after the date on which 
                such recommendations are made or 120 days after the 
                date of enactment of this Act.
                    (D) Additional recommendations.--The President may 
                request that any organization described in subparagraph 
                (B) submit additional recommended nominees.
            (3) Qualifications.--Individuals nominated to the Review 
        Board shall--
                    (A) not have had any previous involvement with any 
                official investigation or inquiry conducted by the 
                Federal Government, or any State or local government, 
                relating to any civil rights cold case;
                    (B) be distinguished individuals of high national 
                professional reputation in their respective fields who 
                are capable of exercising the independent and objective 
                judgment necessary to fulfill their role in ensuring 
                and facilitating the review, transmission to the 
                public, and public disclosure of files related to civil 
                rights cold cases and who possess an appreciation of 
                the value of such material to the public, scholars, and 
                government; and
                    (C) include at least 1 professional historian and 1 
                attorney.
    (c) Security Clearances.--All Review Board nominees shall be 
processed for the necessary security clearances in an accelerated 
manner by the appropriate Federal agencies and subject to the standard 
procedures for granting such clearances.
    (d) Vacancy.--A vacancy on the Review Board shall be filled in the 
same manner as the original appointment within 60 days of the 
occurrence of the vacancy.
    (e) Chairperson.--The members of the Review Board shall elect 1 of 
the members as chairperson.
    (f) Removal of Review Board Member.--
            (1) In general.--No member of the Review Board shall be 
        removed from office, other than--
                    (A) by impeachment and conviction; or
                    (B) by the action of the President for 
                inefficiency, neglect of duty, malfeasance in office, 
                physical disability, mental incapacity, or any other 
                condition that substantially impairs the performance of 
                the member's duties.
            (2) Report.--
                    (A) In general.--If a member of the Review Board is 
                removed from office, and that removal is by the 
                President, not later than 10 days after the removal, 
                the President shall submit to the Committee on 
                Oversight and Government Reform of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report 
                specifying the facts found and the grounds for the 
                removal.
                    (B) Publication.--The President shall publish in 
                the Federal Register a report submitted under 
                subparagraph (A), except that the President may, if 
                necessary to protect the rights of a person named in 
                the report or to prevent undue interference with any 
                pending prosecution, postpone or refrain from 
                publishing any or all of the report until the 
                completion of such pending cases or pursuant to privacy 
                protection requirements in law.
            (3) Judicial review.--
                    (A) In general.--A member of the Review Board 
                removed from office may obtain judicial review of the 
                removal in a civil action commenced in the United 
                States District Court for the District of Columbia.
                    (B) Relief.--The member may be reinstated or 
                granted other appropriate relief by order of the court.
    (g) Compensation of Members.--
            (1) In general.--A member of the Review Board shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Review Board.
            (2) Travel expenses.--A member of the Review Board shall be 
        allowed reasonable travel expenses, including per diem in lieu 
        of subsistence, at rates for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, 
        while away from the member's home or regular place of business 
        in the performance of services for the Review Board.
    (h) Duties of the Review Board.--
            (1) In general.--The Review Board shall consider and render 
        decisions on a determination by a Government office to seek to 
        postpone the disclosure of civil rights cold case records.
            (2) Decisions.--In carrying out paragraph (1), the Review 
        Board shall consider and render decisions on--
                    (A) whether a record constitutes a civil rights 
                cold case record; and
                    (B) whether a civil rights cold case record or 
                particular information in a record qualifies for 
                postponement of disclosure under this Act.
    (i) Powers.--
            (1) In general.--The Review Board shall have the authority 
        to act in a manner prescribed under this Act including the 
        authority to--
                    (A) obtain access to civil rights cold case records 
                that have been identified and organized by a Government 
                office;
                    (B) direct a Government office to make available to 
                the Review Board, and if necessary investigate the 
                facts surrounding, additional information, records, or 
                testimony from individuals, which the Review Board has 
                reason to believe is required to fulfill its functions 
                and responsibilities under this Act;
                    (C) subpoena private persons to compel the 
                production of documents and other records relevant to 
                its responsibilities under this Act;
                    (D) require any Government office to account in 
                writing for the destruction of any records relating to 
                civil rights cold cases;
                    (E) receive information from the public regarding 
                the identification and public disclosure of civil 
                rights cold case records; and
                    (F) hold hearings, administer oaths, and subpoena 
                documents and other records.
            (2) Enforcement of subpoenas.--Any subpoena issued under 
        this subsection may be enforced by any appropriate Federal 
        court acting pursuant to a lawful request of the Review Board.
    (j) Witness Immunity.--The Review Board shall be considered to be 
an agency of the United States for purposes of chapter 601 of title 18, 
United States Code.
    (k) Oversight.--
            (1) In general.--The Committee on Oversight and Government 
        Reform of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate shall 
        have continuing oversight jurisdiction with respect to the 
        official conduct of the Review Board and the disposition of 
        postponed records after termination of the Review Board, and 
        shall have access to any records held or created by the Review 
        Board.
            (2) Cooperation of review board.--The Review Board shall 
        have a duty to cooperate with the exercise of the oversight 
        jurisdiction described in paragraph (1).
    (l) Support Services.--The Administrator of General Services shall 
provide administrative services for the Review Board on a reimbursable 
basis.
    (m) Interpretive Regulations.--The Review Board may issue 
interpretive regulations.
    (n) Termination.--
            (1) In general.--The Review Board shall terminate not later 
        than 4 years after the date of enactment of this Act, except 
        that the Review Board may, by majority vote, extend its term 
        for an additional 1-year period if the Review Board has not 
        completed its work within that 4-year period.
            (2) Reports.--Before its termination, the Review Board 
        shall submit reports to the President and the Congress, 
        including a complete and accurate accounting of expenditures 
        during its existence, and shall complete all other reporting 
        requirements under this Act.
            (3) Transfer of records.--
                    (A) In general.--Upon termination, the Review Board 
                shall transfer all of its records to the Archivist for 
                inclusion in the Collection.
                    (B) Preservation of records.--The records of the 
                Review Board shall not be destroyed, except that the 
                Archivist may destroy routine administrative records 
                covered by a general records schedule following 
                notification in the Federal Register and after 
                considering comments.

SEC. 6. REVIEW BOARD PERSONNEL.

    (a) Chief of Staff.--
            (1) Appointment.--Not later than 45 days after the initial 
        meeting of the Review Board, and without regard to political 
        affiliation, the Review Board shall appoint an individual to 
        the position of Chief of Staff of the Review Board.
            (2) Requirements.--The individual appointed as Chief of 
        Staff--
                    (A) shall be a citizen of the United States of 
                integrity and impartiality who is a distinguished 
                professional; and
                    (B) shall have had no previous involvement with any 
                official investigation or inquiry relating to civil 
                rights cold cases.
            (3) Candidate to have clearances.--A candidate for Chief of 
        Staff shall be granted the necessary security clearances in an 
        accelerated manner subject to the standard procedures for 
        granting such clearances.
            (4) Approval contingent on prior clearance.--A candidate 
        for Chief of Staff shall qualify for the necessary security 
        clearance prior to being appointed by the Review Board.
            (5) Duties.--The Chief of Staff shall--
                    (A) serve as principal liaison to Government 
                offices;
                    (B) be responsible for the administration and 
                coordination of the Review Board's review of records;
                    (C) be responsible for the administration of all 
                official activities conducted by the Review Board; and
                    (D) have no authority to decide or determine 
                whether any record shall be disclosed to the public or 
                postponed for disclosure.
            (6) Removal.--The Chief of Staff shall not be removed 
        except upon a majority vote of the Review Board to remove the 
        Chief of Staff for cause on the grounds of inefficiency, 
        neglect of duty, malfeasance in office, physical disability, 
        mental incapacity, or any other condition that substantially 
        impairs the performance of the responsibilities of the Chief of 
        Staff or the employees of the Review Board.
    (b) Staff.--
            (1) Additional personnel.--The Review Board may, in 
        accordance with the civil service laws but without regard to 
        civil service laws and regulations for appointments in the 
        competitive service under subchapter I of chapter 33 of title 
        5, United States Code, appoint and terminate additional 
        employees as are necessary to enable the Review Board and its 
        Chief of Staff to perform their duties.
            (2) Requirements.--An individual appointed as an employee 
        of the Review Board--
                    (A) shall be a private citizen of integrity and 
                impartiality; and
                    (B) shall have had no previous involvement with any 
                official investigation or inquiry relating to civil 
                rights cold cases.
            (3) Nominations.--Before making an appointment pursuant to 
        paragraph (1), the Review Board shall consider individuals 
        recommended by the American Historical Association, the 
        Organization of American Historians, the Society of American 
        Archivists, and the American Bar Association.
            (4) Security clearances.--A candidate shall qualify for the 
        necessary security clearance prior to being appointed by the 
        Review Board.
    (c) Compensation.--The Review Board shall fix the compensation of 
the Chief of Staff and other employees in accordance with title 5, 
United States Code, except that the rate of pay for the Chief of Staff 
and other employees may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of that title.
    (d) Advisory Committees.--The Review Board may create advisory 
committees to assist in fulfilling the responsibilities of the Review 
Board under this Act.

SEC. 7. REVIEW OF RECORDS BY THE REVIEW BOARD.

    (a) Custody of Records Reviewed by the Board.--Pending the outcome 
of the Review Board's review activity, a Government office shall retain 
custody of a civil rights cold case record for purposes of 
preservation, security, and efficiency, unless--
            (1) the Review Board requires the physical transfer of 
        records for reasons of conducting an independent and impartial 
        review; or
            (2) such transfer is necessary for an administrative 
        hearing or other official Review Board function.
    (b) Startup Requirements.--The Review Board shall--
            (1) not later than 90 days after the date on which all 
        members of the Review Board are appointed, publish a schedule 
        for review of all civil rights cold case records in the Federal 
        Register; and
            (2) not later than 180 days after the enactment of this 
        Act, begin its review of civil rights cold case records under 
        this Act.
    (c) Determination of the Review Board.--
            (1) In general.--The Review Board shall direct that copies 
        of all civil rights cold case records be transmitted to the 
        Archivist and disclosed to the public in the Collection in the 
        absence of clear and convincing evidence that--
                    (A) a Government record is not a civil rights cold 
                case record; or
                    (B) a Government record or particular information 
                within a civil rights cold case record qualifies for 
                postponement of public disclosure under this Act, which 
                shall include consideration by the Review Board of 
                relevant laws and policies protecting criminal records 
                of juveniles.
            (2) Postponement.--In approving postponement of public 
        disclosure of a civil rights cold case record, the Review Board 
        shall work to--
                    (A) provide for the disclosure of segregable parts, 
                substitutes, or summaries of such a record; and
                    (B) determine, in consultation with the originating 
                body and consistent with the standards for postponement 
                under this Act, which of the following alternative 
                forms of disclosure shall be made by the originating 
                body:
                            (i) Any reasonably segregable particular 
                        information in a civil rights cold case record.
                            (ii) A substitute record for that 
                        information which is postponed.
                            (iii) A summary of a civil rights cold case 
                        record.
            (3) Report.--With respect to each civil rights cold case 
        record or particular information in civil rights cold case 
        records the public disclosure of which is postponed under 
        section 4, or for which only substitutions or summaries have 
        been disclosed to the public, the Review Board shall create and 
        transmit to the Archivist a report containing--
                    (A) a description of actions by the Review Board, 
                the originating body, the President, or any Government 
                office (including a justification of any such action to 
                postpone disclosure of any record or part of any 
                record) and of any official proceedings conducted by 
                the Review Board with regard to specific civil rights 
                cold case records; and
                    (B) a statement, based on a review of the 
                proceedings and in conformity with the decisions 
                reflected therein, designating a recommended specified 
                time at which or a specified occurrence following which 
                the material may be appropriately disclosed to the 
                public under this Act.
            (4) Notice.--Not later than 14 days after the Review Board 
        makes a determination that a civil rights cold case record 
        shall be publicly disclosed in the Collection or postponed for 
        disclosure and held in the protected Collection, the Review 
        Board shall notify the head of the originating body of its 
        determination and publish a copy of the determination in the 
        Federal Register.
            (5) Other notice.--Contemporaneous notice shall be made to 
        the President of Review Board determinations regarding 
        executive branch civil rights cold case records, and to the 
        oversight committees designated in this Act in the case of 
        legislative branch records. Such notice shall contain an 
        unclassified written justification for public disclosure or 
        postponement of disclosure, including an explanation of the 
        application of any standards under section 4.
    (d) Presidential Authority Over Review Board Determination.--
            (1) Public disclosure or postponement of disclosure.--After 
        the Review Board has made a formal determination concerning the 
        public disclosure or postponement of disclosure of an executive 
        branch civil rights cold case record or information contained 
        in a civil rights cold case record, obtained or developed 
        solely within the executive branch, the President shall have 
        the sole and nondelegable authority to require the disclosure 
        or postponement of such record or information under the 
        standards set forth in section 4, and the President shall 
        provide the Review Board with an unclassified written 
        certification specifying the President's decision within 30 
        days after the Review Board's determination and notice to the 
        executive agency as required under this Act, stating the 
        justification for the President's decision, including the 
        applicable grounds for postponement under section 4.
            (2) Periodic review.--Any executive branch civil rights 
        cold case record for which public disclosure is postponed by 
        the President shall be subject to the requirements of periodic 
        review and declassification of classified information and 
        public disclosure in the Collection set forth in section 3.
            (3) Record of presidential postponement.--The Review Board 
        shall, upon its receipt, publish in the Federal Register a copy 
        of any unclassified written certification, statement, or other 
        materials transmitted by or on behalf of the President with 
        regard to postponement of the public disclosure of civil rights 
        cold case records.
    (e) Notice to the Public.--On each day that is on or after the date 
that is 60 days after the Review Board first approves the postponement 
of disclosure of a civil rights cold case record, the Review Board 
shall publish on a publicly available website a notice that summarizes 
the postponements approved by the Review Board or initiated by the 
President, including a description of the subject, originating body, 
length or other physical description, and each ground for postponement 
that is relied upon.
    (f) Reports by the Review Board.--
            (1) In general.--The Review Board shall report its 
        activities to the Speaker of the House of Representatives, the 
        Minority Leader of the House of Representatives, the Committee 
        on Oversight and Government Reform of the House of 
        Representatives, the Majority Leader of the Senate, the 
        Minority Leader of the Senate, the Committee on Homeland 
        Security and Governmental Affairs of the Senate, the President, 
        the Archivist, and the head of any Government office whose 
        records have been the subject of Review Board activity.
            (2) Deadlines.--Not later than 1 year after the date of 
        enactment of this Act, and every year thereafter until 
        termination of the Review Board, the Review Board shall issue a 
        report under paragraph (1).
            (3) Contents.--Each report under paragraph (1) shall 
        include the following information:
                    (A) A financial report of the expenses for all 
                official activities and requirements of the Review 
                Board and its employees.
                    (B) The progress made on review, transmission to 
                the Archivist, and public disclosure of civil rights 
                cold case records.
                    (C) The estimated time and volume of civil rights 
                cold case records involved in the completion of the 
                Review Board's performance under this Act.
                    (D) Any special problems, including requests and 
                the level of cooperation of Government offices, with 
                regard to the ability of the Review Board to operate as 
                required by this Act.
                    (E) A record of review activities, including a 
                record of postponement decisions by the Review Board or 
                other related actions authorized by this Act, and a 
                record of the volume of records reviewed and postponed.
                    (F) Recommendations and requests to Congress for 
                additional authorization.
                    (G) An appendix containing copies of reports of 
                postponed records to the Archivist required under 
                subsection (c)(3) made since the date of the preceding 
                report under this subsection.
            (4) Notice of termination.--Not later than 90 days before 
        terminating, the Review Board shall provide written notice to 
        the President and the Congress of its intention to terminate 
        its operations at a specified date.

SEC. 8. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.

    (a) Materials Under the Seal of the Court.--
            (1) In general.--The Review Board may request the Attorney 
        General to petition any court in the United States or abroad to 
        release any information relevant to civil rights cold cases 
        that is held under seal of court.
            (2) Grand jury materials.--
                    (A) In general.--The Review Board may request the 
                Attorney General to petition any court in the United 
                States to release any information relevant to civil 
                rights cold cases that is held under the injunction of 
                secrecy of a grand jury.
                    (B) Particularized need.--A request for disclosure 
                of civil rights cold case records under this Act shall 
                be deemed to constitute a showing of particularized 
                need under rule 6 of the Federal Rules of Criminal 
                Procedure.
            (3) Deadline.--
                    (A) In general.--The Attorney General shall respond 
                to any request that is subject to this subsection 
                within 45 days.
                    (B) Nondisclosure of grand jury information.--If 
                the Attorney General determines that information 
                relevant to a civil rights cold case that is held under 
                the injunction of secrecy of a grand jury should not be 
                made public, the Attorney General shall set forth in 
                the response to the request the reasons for the 
                determination.
    (b) Cooperation With Agencies.--It is the sense of Congress that--
            (1) the Attorney General should assist the Review Board in 
        good faith to unseal any records that the Review Board 
        determines to be relevant and held under the seal by a court or 
        under the injunction of secrecy of a grand jury; and
            (2) all departments and agencies of the United States 
        Government should cooperate in full with the Review Board to 
        seek the disclosure of all information relevant to civil rights 
        cold cases consistent with the public interest.

SEC. 9. RULES OF CONSTRUCTION.

    (a) Precedence Over Other Law.--
            (1) In general.--Subject to paragraph (2), when this Act 
        requires transmission of a record to the Archivist or public 
        disclosure, it shall take precedence over any other law (except 
        section 6103 of the Internal Revenue Code of 1986), judicial 
        decisions construing such law, or common law doctrine that 
        would otherwise prohibit such transmission or disclosure with 
        the exception of deeds governing access to or transfer or 
        release of gifts and donations of records to the United States 
        Government.
            (2) Personnel and medical files.--This Act shall not 
        require the public disclosure of information that is exempt 
        from disclosure under section 552(b)(6) of title 5, United 
        States Code.
    (b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file any requests with any 
executive agency or seek judicial review of the decisions under section 
552 of title 5, United States Code.
    (c) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act.
    (d) Existing Authority.--Nothing in this Act revokes or limits the 
existing authority of the President, any executive agency, the Senate, 
the House of Representatives, or any other entity of the Government to 
publicly disclose records in its possession.

SEC. 10. FUNDING.

    Until such time as funds are appropriated to carry out this Act, 
the President shall use such sums as are available for discretionary 
use to carry out this Act.

            Passed the Senate December 17, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 3191

_______________________________________________________________________

                                 AN ACT

 To provide for the expeditious disclosure of records related to civil 
               rights cold cases, and for other purposes.