[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7727-S7734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CIVIL RIGHTS COLD CASE RECORDS COLLECTION ACT OF 2018

  Mr. CRAPO. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 727, S. 3191.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3191) to provide for the expeditious disclosure 
     of records related to civil rights cold cases, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

[[Page S7728]]

     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

[[Page S7729]]

     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 testimony, records, 
     and other information relevant to its responsibilities under 
     this Act;
       (D) require any Government office to account in writing for 
     the destruction of any records relating to 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 witnesses 
     and documents.
       (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.

[[Page S7730]]

       (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.

[[Page S7731]]

       (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. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act, to remain 
     available until expended.
       (b) Interim Provisions.--Until such time as funds are 
     appropriated pursuant to subsection (a), the President shall 
     use such sums as are available for discretionary use to carry 
     out this Act.

  Mr. CRAPO. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Jones substitute amendment 
at the desk be considered and agreed to; and that the bill, as amended, 
be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 4153) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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.--

[[Page S7732]]

       (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.--

[[Page S7733]]

       (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

[[Page S7734]]

     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.

  The bill (S. 3191), as amended, was ordered to be engrossed for a 
third reading and was read the third time.
  Mr. CRAPO. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass?
  The bill (S. 3191), as amended, was passed.
  Mr. CRAPO. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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