other departments and agencies of the United 
States; and 
(I) appoint within 30 days after the ap-
pointment of the Review Board an independent 
citizen advisory committee, subject to the Fed-
eral Advisory Committee Act (5 U.S.C. App.), 
that includes members of the civil rights com-
munity and the King family. 
(2) ENFORCEMENT.—A subpoena issued under 
paragraph (1)(C)(iii) may be enforced by any appro-
priate Federal court acting pursuant to a lawful re-
quest of the Review Board. 
(k) WITNESS IMMUNITY.—The Review Board shall 
be considered to be an agency of the United States for 
purposes of section 6001 of title 18, United States Code. 
(l) OVERSIGHT.—(1) The Committee on Government 
Reform of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate shall have continuing oversight jurisdiction 
with respect to the official conduct of the Review Board 
and the disposition of postponed or newly discovered 
records after termination of the Review Board, shall con-
duct periodic hearings on the conduct of the board not 
less than every 2 years for a period ending 2 years after 
termination of the Review Board or 1 year after the cer-
tification of the Archivist under section 13(b), and shall 
have access to any records held or created by the Review 
Board. 
(2) The Review Board, all Federal Government agen-
cies, and the National Archives shall have the duty to co-
operate with the exercise of such oversight jurisdiction. 
(m) SUPPORT SERVICES.—The Administrator of the 
General Services Administration shall provide administra-
tive services for the Review Board on a reimbursable basis. 
(n) INTERPRETIVE
REGULATIONS.—The Review 
Board may issue interpretive regulations. 
(o) TERMINATION AND WINDING UP.—(1) The Re-
view Board and the terms of its members shall terminate 
not later than 5 years after the enactment of this Act, 
except that the Review Board may, by majority vote, ex-
tend its term for an additional 2-year period if it has not 
completed its work within that 5-year period. 
(2) Upon its termination, the Review Board shall 
submit reports to the President and the Congress includ-
ing a complete and accurate accounting of expenditures 
during its existence, and shall complete all other reporting 
requirements under this Act. 
(3) Upon termination and winding up, the Review 
Board shall transfer all of its records to the Archivist for 
inclusion in the Collection, and no record of the Review
Board shall be destroyed and records created in the course 
of its duties will be released to the public within 60 days 
of its termination. 
SEC. 8. RECORDS REVIEW BOARD PERSONNEL. 
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—Not later than 45 days 
after the initial meeting of the Review Board, the 
Review Board shall appoint one citizen, without re-
gard to political affiliation, to the position of Execu-
tive Director. 
(2) QUALIFICATIONS.—The person appointed as 
Executive Director shall be a private citizen of integ-
rity and impartiality who is a distinguished profes-
sional and who is not a present employee of any 
branch of the Government, has not previously been 
employed by an intelligence agency, and has had no 
previous involvement with any official investigation 
or inquiry relating to the life or assassination of 
Reverend Dr. Martin Luther King, Jr. 
(3) SECURITY CLEARANCES.—
(A) A candidate for Executive Director 
shall be granted the necessary security clear-
ances in an accelerated manner subject to the 
standard procedures for granting such clear-
ances.
(B) A candidate shall qualify for the nec-
essary security clearance prior to being ap-
proved by the Review Board. 
(4) DUTIES.—The Executive Director shall—
(A) serve as principal liaison to Govern-
ment 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 deter-
mine whether any record should be disclosed to 
the public or postponed for disclosure. 
(5) REMOVAL.—The Executive Director shall 
not be removed for reasons other than by a majority 
vote of the Review Board for cause on the grounds 
of inefficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, failure to meet 
or falsification of any qualifications under paragraph 
(2), or any other condition that substantially impairs 
the performance of the responsibilities of the Execu-
tive Director or the staff of the Review Board. 
(b) STAFF.—
(1) IN GENERAL.—The Review Board, without 
regard to the provisions of title 5, United States 
Code, governing appointments in the competitive 
service and without regard to the provisions of chap-
ter 51 and chapter 53 of that title relating to classi-
fication and General Service pay rates, may appoint 
and terminate additional personnel as are necessary 
to enable the Review Board and its Executive Direc-
tor to perform its duties. 
(2) QUALIFICATIONS.—A person appointed to 
the staff of the Review Board shall be a private cit-
izen of integrity and impartiality who is not a 
present employee of any branch of the Government, 
has not previously been in the employ of any intel-
ligence agency, and who has had no previous involve-
ment with any official investigation or inquiry relat-
ing to the life or assassination of Reverend Dr. Mar-
tin Luther King, Jr. 
(3) SECURITY CLEARANCES.—
(A) ACCELERATION.—A candidate for staff 
shall be granted the necessary security clear-
ances in an accelerated manner subject to the 
standard procedures for granting such clear-
ances.
(B) CONDITIONAL EMPLOYMENT.—(i) The 
Review Board may offer conditional employ-
ment to a candidate for a staff position pending 
the completion of security background inves-
tigations. During the pendency of such inves-
tigations, the Review Board shall ensure that 
any such employee does not have access to, or 
responsibility involving, classified or otherwise 
restricted related record materials. 
(ii) If a person hired on a conditional basis 
under clause (i) is denied other otherwise does 
not qualify for all security clearances necessary 
to carry out the responsibilities of the position 
for which conditional employment has been of-
fered, the Review Board shall immediately ter-
minate the person’s employment. 
(c) COMPENSATION.—Subject to such rules as may 
be adopted by the Review Board, the chairperson, without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service and 
without regard to the provisions of chapter 51 and chapter 
53 of that title relating to classification and General Serv-
ice pay rates, may—
(1) appoint an Executive Director, who shall be 
paid at a rate not to exceed the rate of basic pay 
for level V of the Executive Schedule; and 
(2) appoint and fix compensation of such other 
personnel as may be necessary to carry out this Act. 
(d) SECURITY CLEARANCE REQUIRED.—An indi-
vidual employed in any position by the Review Board (in-
cluding an individual appointed as Executive Director) 
shall be required to qualify for any necessary security 
clearance prior to taking office in that position, but may 
be employed conditionally in accordance with subsection 
(b)(3)(B) before qualifying for that clearance. 
SEC. 9. REVIEW OF RECORDS BY THE RECORDS REVIEW 
BOARD. 
(a) STARTUP REQUIREMENTS.—The Review Board 
shall—
(1) not later than 90 days after the date of its 
appointment, publish a schedule for review of all as-
sassination records in the Federal Register; and 
(2) not later than 180 days after the date of its 
appointment, begin its review of related records 
under this Act. 
(b) DETERMINATIONS OF THE REVIEW BOARD RE-
LATING TO PUBLIC DISCLOSURE AND POSTPONEMENT.—
(1) TRANSMITTAL.—The Review Board shall 
direct that all related records be transmitted to the 
Archivist and disclosed to the public in the Collec-
tion in the absence of clear and convincing evidence 
that—
(A) a Government record is not a related 
record; or 
(B) a Government record or particular in-
formation within a related record qualifies for 
postponement of public disclosure under this 
Act. 
(2) NOTICE
OF
RELATED
RECORD
DESIGNA-
TION.—
(A) In determining to designate related 
records, the Review Board must determine that 
the record or group of records will more likely 
than not enhance, enrich, and broaden the his-
torical record of the life and assassination of 
Dr. Martin Luther King, Jr. 
(B) A Notice or Related Record Designa-
tion (NRRD) shall be the mechanism for the 
Review Board to announce publicly its deter-
mination that a record or group of records 
meets the definition of related records. 
(3) POSTPONEMENT.—
(A) The Review Board shall consider and 
render decisions on a determination by a Gov-
ernment office to seek to postpone the disclo-
sure of related records. In carrying out this 
subparagraph, the Review Board shall—
(i) consider and render decisions on 
whether a record constitutes a related 
record; 
(ii) consider and render decisions on 
whether a related record or particular in-
formation in a record qualifies for post-
ponement of disclosure under this Act; and 
(iii) in the case of a related record 
that qualifies for such postponement, set 
specific conditions and dates for public dis-
closure of the record, related to events or 
specific dates when the reasons for post-
ponement will end. 
(B) A related record shall be released in its 
entirety except for portions specifically post-
poned pursuant to the grounds for postpone-
ment of public disclosure of records established 
in section 6(a), and no portion of any related 
record shall be withheld from public disclosure 
solely on grounds of nonrelevance unless, in the
Review Board’s sole discretion, release of a part 
of a record is sufficient to comply with the in-
tent and purposes of this Act. 
(C) In approving postponement of public 
disclosure of a related record, the Review Board 
shall seek to—
(i) provide for the disclosure of seg-
regable parts, substitutes, or summaries of 
such a record; and 
(ii) determine, in consultation with 
the originating body and consistent with 
the standards for postponement under this 
Act, which of the following alternative 
forms of disclosure shall be made by the 
originating body: 
(I) Any reasonably segregable 
particular information in a related 
record. 
(II) A substitute record for that 
information which is postponed. 
(III) A summary of a related 
record. 
(4) REPORT.—With respect to each related 
record or particular information in related records 
the public disclosure of which is postponed pursuant
to section 6, or for which only substitutions or sum-
maries have been disclosed to the public, the Review 
Board shall create and transmit to the Archivist a 
report containing—
(A) a description of actions by the Review 
Board, the originating body, the President, or 
any Government office (including a justification 
of any such action to postpone disclosure of any 
record or part of any record) and of any official 
proceedings conducted by the Review Board 
with regard to specific related records; and 
(B) a statement of the specific conditions 
and dates for the public disclosure of the record 
as set by the Review Board under paragraph 
(3)(A)(iii). 
(5) NOTICE.—
(A) IN
GENERAL.—Following its review 
and a determination that a related record shall 
be publicly disclosed in the Collection or post-
poned for disclosure and held in the protected 
Collection, the Review Board shall notify the 
head of the originating body of its determina-
tion, publish a copy of the determination in the 
Federal Register within 14 days after the deter-