postponed, in whole or in part, under the standards 
of this Act, to become part of the protected Collec-
tion. 
(f) CUSTODY OF POSTPONED RELATED RECORDS.—
A related record the public disclosure of which has been 
postponed shall, pending transmission to the Archivist, be 
held for reasons of security and preservation by the origi-
nating body until such time as the information security 
program has been established at the National Archives as 
required in section 5(e)(2). 
(g) PERIODIC REVIEW
OF POSTPONED RELATED 
RECORDS.—(1) All postponed or redacted records shall be 
reviewed periodically by the originating agency and the Ar-
chivist consistent with the recommendations of the Review 
Board under section 9(c)(3)(B). 
(2) A periodic review shall address the public disclo-
sure of additional related records in the Collection under 
the standards of this Act. 
(3) All postponed related records determined to re-
quire continued postponement shall require an unclassified 
written description of the reason for such continued post-
ponement. Such description shall be provided to the Archi-
vist and published in the Federal Register upon deter-
mination.
(4) The periodic review of postponed related records 
shall serve to downgrade and declassify security classified 
information. 
(5) Each related record shall be publicly disclosed in 
full, and available in the Collection no later than the date 
that is 10 years after the date of enactment of this Act, 
unless the President certifies, as required by this Act, 
that—
(A) continued postponement is made necessary 
by an—
(B) identifiable harm to the military defense, 
intelligence operations, law enforcement, or conduct 
of foreign relations; and 
(C) the identifiable harm is of such gravity that 
it outweighs the public interest in disclosure. 
(h) RECORD AVAILABILITY.—Executive branch agen-
cies shall—
(1) charge fees for copying related records; 
(2) grant waivers of such fees pursuant to the 
standards established by section 552(a)(4) of title 5, 
United States Code; 
(3) permit, when not deemed a risk by the 
Board, the use of personal copying devices, includ-
ing, but not limited to portable scanners, digital 
cameras, and the like; and
(4) make available to the public electronic 
versions of related records. 
SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLO-
SURE OF RECORDS. 
Disclosure of related records or particular informa-
tion in related records to the public may be postponed sub-
ject to the limitations of this Act if there is clear and con-
vincing evidence that—
(1) the threat to the military defense, intel-
ligence operations, or conduct of foreign relations of 
the United States posed by the public disclosure of 
the related record is of such gravity that it out-
weighs the public interest, and such public disclosure 
would reveal—
(A) a living intelligence agent whose iden-
tity currently requires protection; 
(B) an intelligence source or method which 
is currently utilized, or reasonably expected to 
be utilized, by the United States Government 
and which has not been officially disclosed, the 
disclosure of which would interfere with the 
conduct of intelligence activities; or 
(C) any other matter currently relating to 
the military defense, intelligence operations, or 
conduct of foreign relations of the United
States, the disclosure of which would demon-
strably impair the national security of the 
United States; 
(2) the public disclosure of the related record 
would reveal the name or identity of a living person 
who provided confidential information to the United 
States and would pose a substantial risk of harm to 
that person; 
(3) the public disclosure of the related record 
could reasonably be expected to constitute an unwar-
ranted invasion of a living person’s personal privacy, 
and that invasion of privacy is so substantial that it 
outweighs the public interest; or 
(4) the public disclosure of the related record 
would compromise the existence of an understanding 
of confidentiality currently requiring protection be-
tween a Government agent and a living cooperating 
individual or a foreign government, and public dis-
closure would be so harmful that it outweighs the 
public interest. 
SEC. 7. ESTABLISHMENT AND POWERS OF THE RECORDS 
REVIEW BOARD. 
(a) ESTABLISHMENT.—There is established as an 
independent agency a board to be known as the Records 
Review Board.
(b) APPOINTMENT.—
(1) FIVE
MEMBERS.—The President, by and 
with the advice and consent of the Senate, shall ap-
point, without regard to political affiliation, 5 citi-
zens to serve as members of the Review Board to en-
sure and facilitate the review, transmission to the 
Archivist, and public disclosure of Government 
records related to the life and assassination of Rev-
erend Dr. Martin Luther King, Jr. 
(2) NOMINATIONS.—The President shall make 
nominations to the Review Board not later than 90 
calendar days after the date of enactment of this 
Act. 
(3) ADDITIONAL NOMINATIONS.—If the Senate 
votes not to confirm a nomination to the Review 
Board, the President shall make an additional nomi-
nation not later than 30 days thereafter. 
(4) RECOMMENDATIONS.—(A) The President 
shall make nominations to the Review Board after 
considering persons recommended by the American 
Historical Association, the Organization of American 
Historians, the Society of American Archivists, and 
the American Bar Association. 
(B) If an organization described in subpara-
graph (A) does not recommend at least 2 nominees
meeting the qualifications stated in paragraph (5) by 
the date that is 45 days after the date of enactment 
of this Act, the President shall consider for nomina-
tion the persons recommended by the other organi-
zations described in subparagraph (A). 
(C) The President may request an organization 
described in subparagraph (A) to submit additional 
nominations. 
(5) NOMINATIONS.—Persons nominated to the 
Review Board—
(A) shall be impartial private citizens, none 
of whom is presently employed by any branch 
of the Government, none of whom shall have 
had any previous involvement with any official 
investigation or inquiry conducted by a Federal, 
State, or local government, and none of whom 
shall have been previously employed by any fed-
eral intelligence or law enforcement agency, re-
lating to the life or assassination of Reverend 
Dr. Martin Luther King, Jr.; 
(B) shall be distinguished persons of high 
national professional reputation in their respec-
tive fields who are capable of exercising the 
independent and objective judgment necessary 
to the fulfillment of their role in ensuring and
facilitating the review, transmission to the pub-
lic, and public disclosure of records related to 
the life and assassination of Dr. Reverend Mar-
tin Luther King, Jr., and who possess an ap-
preciation of the value of such material to the 
public, scholars, and government; and 
(C) shall include at least 1 professional 
historian, 1 attorney, 1 researcher, and 1 rep-
resentative of the civil rights community. 
(c) SECURITY CLEARANCES.—(1) All Review Board 
nominees shall be granted the necessary security clear-
ances in an accelerated manner, commiserate with that of 
other executive nominations, subject to the standard pro-
cedures for granting such clearances. 
(2) All nominees shall qualify for the necessary secu-
rity clearance prior to being considered for confirmation 
by the Committee on Governmental Affairs of the Senate. 
(d) CONFIRMATION HEARINGS.—(1) The Committee 
on Governmental Affairs of the Senate shall hold con-
firmation hearings within 30 days in which the Senate is 
in session after the nomination of 3 Review Board mem-
bers. 
(2) The Committee on Governmental Affairs shall 
vote on the nominations within 14 days in which the Sen-
ate is in session after the confirmation hearings, and shall 
report its results to the full Senate immediately. 
(3) The Senate shall vote on each nominee to confirm 
or reject within 14 days in which the Senate is in session 
after reported by the Committee on Governmental Affairs. 
(e) VACANCY.—A vacancy on the Review Board shall 
be filled in the same manner as specified for original ap-
pointment within 30 days of the occurrence of the vacancy. 
(f) CHAIRPERSON.—The Members of the Review 
Board shall elect one of its members as chairperson at 
its initial meeting. 
(g) 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 inef-
ficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, failure to 
meet or falsification of any qualifications under 
5(A) or 5(B), or any other condition that sub-
stantially impairs the performance of the mem-
ber’s duties. 
(2) REPORT.—
(A) FACTS AND GROUNDS.—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 Government 
Reform of the House of Representatives and 
the Committee on 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 sub-
mitted 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 pub-
lishing any or all of the report until the comple-
tion of such pending cases or pursuant to pri-
vacy protection requirements in law. 
(3) JUDICAL REVIEW.—
(A) CIVIL ACTION.—A member of the Re-
view Board removed from office may obtain ju-
dicial review of the removal in a civil action 
commenced in the United States District Court 
for the District of Columbia.
(B) REINSTATEMENT.—The member may 
be reinstated or granted other appropriate relief 
by order of the court. 
(h) COMPENSATION OF MEMBERS.—(1) A member of 
the Review Board shall be compensated at a rate equal 
to the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day 
(including travel time) during which the member is en-
gaged in the performance of the duties of the Review 
Board. 
(2) 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 sub-
chapter 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. 
(i) DUTIES OF THE REVIEW BOARD.—(1) The Re-
view Board shall consider and render decisions on a deter-
mination by a Government office to seek to postpone the 
disclosure of related records. 
(2) In carrying out paragraph (1), the Review Board 
shall consider and render decisions—
(A) whether a record constitutes a related 
record; and 
(B) whether a related record or particular in-
formation in a record qualifies for postponement of 
disclosure under this Act. 
(j) POWERS.—
(1) IN
GENERAL.—The Review Board shall 
have the authority to act in a manner prescribed 
under this Act including authority to—
(A) direct Government offices to complete 
identification aids and organize related records; 
(B) direct Government offices to transmit 
to the Archivist related records as required 
under this Act, including segregable portions of 
related records, and substitutes and summaries 
of related records that can be publicly disclosed 
to the fullest extent; 
(C)(i) obtain access to related records that 
have been identified and organized by a Govern-
ment office; 
(ii) direct a Government office to make 
available to the Review Board, and if necessary 
investigate the facts surrounding, additional in-
formation, records, or testimony from individ-
uals, which the Review Board has reason to be-
lieve is required to fulfill its functions and re-
sponsibilities under this Act; and
(iii) request the Attorney General to sub-
poena private persons to compel testimony, 
records, and other information relevant to its 
responsibilities under this Act; 
(D) require any Government office to ac-
count in writing for the destruction of any 
records relating to the life or assassination of 
Reverend Dr. Martin Luther King, Jr.; 
(E) receive information from the public re-
garding the identification and public disclosure 
of related records; 
(F) hold hearings, administer oaths, and 
subpoena witnesses and documents; 
(G) use the Federal Supply Service in the 
same manner and under the same conditions as 
other departments and agencies of the United 
States; and 
(H) use the United States mails in the 
same manner and under the same conditions as 
other departments and agencies of the United 
States. 
(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 Governmental Affairs of the Senate shall have 
continuing oversight jurisdiction with respect to the offi-
cial conduct of the Review Board and the disposition of 
postponed or newly discovered records after termination 
of the Review Board, shall conduct periodic hearings on 
the conduct of the board not less than every 2 years, 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 NARA shall have the duty to cooperate 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