    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-426
    115th Congress

    An Act

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

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Cold Case Records
    Collection Act of 2018''.
    SEC. 2. DEFINITIONS.

    In this Act:
    (1) Archivist.--The term ``Archivist'' means the Archivist
    of the United States.
    (2) Civil rights cold case.--The term ``civil rights cold
    case'' means any unsolved case--
    (A) arising out of events which occurred during the
    period beginning on January 1, 1940 and ending on
    December 31, 1979; and
    (B) related to--
    (i) section 241 of title 18, United States
    Code (relating to conspiracy against rights);
    (ii) section 242 of title 18, United States
    Code (relating to deprivation of rights under
    color of law);
    (iii) section 245 of title 18, United States
    Code (relating to federally protected activities);
    (iv) sections 1581 and 1584 of title 18,
    United States Code (relating to peonage and
    involuntary servitude);
    (v) section 901 of the Fair Housing Act (42
    U.S.C. 3631); or
    (vi) any other Federal law that was--
    (I) in effect on or before December
    31, 1979; and
    (II) enforced by the criminal
    section of the Civil Rights Division of
    the Department of Justice before the
    date of enactment of this Act.
    (3) Civil rights cold case record.--The term ``civil rights
    cold case record'' means a record that--
    (A) is related to a civil rights cold case; and
    (B) was created or made available for use by,
    obtained by, or otherwise came into the possession of--
    (i) the Library of Congress;
    (ii) the National Archives;
    (iii) any executive agency;

    [[Page 5490]]

    (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

    [[Page 5491]]

    (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

    [[Page 5492]]

    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

    [[Page 5493]]

    (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 5494]]

    (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

    [[Page 5495]]

    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,

    [[Page 5496]]

    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).

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    (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

    [[Page 5498]]

    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.--

    [[Page 5499]]

    (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.

    [[Page 5500]]

    (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.

    [[Page 5501]]

    (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

    [[Page 5502]]

    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.

    Approved January 8, 2019.

    LEGISLATIVE HISTORY--S. 3191:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 115-424 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 17, considered and passed Senate.
    Dec. 21, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    Jan. 8, Presidential statement.