[Congressional Record Volume 164, Number 202 (Friday, December 21, 2018)]
[House]
[Pages H10527-H10531]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CIVIL RIGHTS COLD CASE RECORDS COLLECTION ACT OF 2018
Mr. WALKER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3191) to provide for the expeditious disclosure of records
related to civil rights cold cases, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3191
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.
[[Page H10528]]
(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);
[[Page H10529]]
(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
[[Page H10530]]
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:
[[Page H10531]]
(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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Walker) and the gentleman from Maryland (Mr.
Raskin) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. WALKER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. WALKER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Civil Rights Cold Case Records Collection Act of
2018 would ensure the integrity of records of civil rights cold cases
and ultimately allow public access to them. This important legislation
has bipartisan support.
I urge all Members to support it, and I yield back the balance of my
time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support S. 3191, the Civil Rights Cold Case Records
Collection Act, which represents an important step toward finally
solving more than 100 unresolved court cases in the civil rights field.
The bill will establish a new civil rights cold case records
collection and review board, so the public can review records related
to these unsolved cases, with appropriate security and privacy
safeguards.
The bill will allow the expertise of outside investigators to help
bring justice to the families and descendants and victims of these
crimes.
The bill also will provide a role for Congress in the appointments to
this review board, to ensure proper expertise and accountability in the
process.
It is imperative that Congress appropriate sufficient funding to the
National Archives and other agencies to carry out the important mission
of this legislation. I urge all Members to support this bill and future
funding measures for this endeavor.
Mr. Speaker, I yield back the balance of my time.
Mr. RUSH. Mr. Speaker, I rise today in support of S. 3191, the Civil
Rights Cold Case Records Collection Act of 2018. I was delighted when
Senator Jones introduced companion legislation to my bill, H.R. 1272,
and I am even more excited to see that his bill has passed the Senate
by unanimous consent and is now before the House.
Mr. Speaker, with the passage of this legislation, families and
communities that have waited too long for answers about the loss of
loved ones during the tumultuous Civil Rights Era may finally have the
chance for closure.
Mr. Speaker, this bill came to fruition because of the hard work of a
group of students from Hightstown High School in New Jersey and their
teacher, Mr. Stuart Wexler. These dedicated students learned firsthand
the legislative process, from drafting to markup, to where we stand
today, floor passage. I thank them for their dedication to this cause
and applaud them for their diligence.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Walker) that the House suspend the
rules and pass the bill, S. 3191.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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