Title: Cold Case Record Collections Act of 2017
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Cold Case Record Collections Act of 2017
This bill requires the National Archives and Records Administration (NARA) to establish a collection of cold case records about unsolved criminal civil rights cases that government offices must: (1) publicly disclose in the collection without redaction or withholding, or (2) submit to a protected collection of records for which public disclosure may be postponed.
The Cold Case Records Review Board is established as an independent agency of impartial private citizens to: (1) facilitate the review, transmission to NARA, and public disclosure of government records related to such cases; (2) hold hearings and render decisions on determinations by government offices to seek to postpone the disclosure of such records; (3) direct government offices to make information available to the board; (4) subpoena private persons to compel testimony and records; and (5) receive information from the public.
Postponement is permitted based on clear and convincing evidence that public disclosure would: (1) impair national security or reveal intelligence sources or methods; (2) reveal the name of, and pose substantial harm to, a living person who provided confidential information; (3) constitute an unwarranted invasion of personal privacy that outweighs the public interest; (4) compromise an understanding of confidentiality currently requiring protection between a government agent and a cooperating individual or group; or (5) reveal a security or protective procedure of the Secret Service or another executive agency responsible for protecting government officials.
NARA and the originating agency must review postponed or redacted records every 180 days. The reasons for any continuation of postponement must be published in the Federal Register.
Each cold case record shall be publicly disclosed and shall be available in NARA's collection not later than 25 years after enactment of this bill, unless: (1) continued postponement is made necessary by an identifiable harm to military defense, intelligence operations, or the conduct of foreign relations; and (2) the gravity of the identifiable harm outweighs the public interest in disclosure.
The President has sole and nondelegable authority to require disclosure or postponement of an executive branch cold case record under the grounds set forth in this bill after the board has made a formal determination concerning a record obtained or developed solely within the executive branch.
The board may request the Department of Justice to petition courts to release information related to cold cases under seal or held under the injunction of secrecy of a grand jury.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1272 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1272

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2017

   Mr. Rush introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 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 ``Cold Case Record Collections Act of 
2017''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) All government records related to civil rights cold 
        cases shall be preserved for historical and governmental 
        purposes.
            (2) All government records concerning civil rights cold 
        cases shall carry a presumption of immediate disclosure, and 
        all records shall be eventually disclosed to enable the public 
        to become fully informed about the history surrounding the 
        cases.
            (3) Legislation is necessary to create an enforceable, 
        independent, and accountable process for the public disclosure 
        of such records.
            (4) Legislation is necessary because congressional records 
        related to civil rights cold cases would not otherwise be 
        subject to public disclosure.
            (5) Legislation is necessary because section 552 of title 
        5, United States Code (commonly known as the Freedom of 
        Information Act), as implemented by the executive branch, has 
        prevented the timely and adequate public disclosure of records 
        relating to civil rights cold cases.
            (6) Legislation is necessary because Executive Order 13526 
        (75 Fed. Reg. 707; relating to classified national security 
        information), while eliminating the declassification and 
        downgrading of schedules relating to classified information 
        across government, has not resulted in the timely and adequate 
        public disclosure of records relating to civil rights cold 
        cases.
            (7) Most of the records related to the civil rights cold 
        cases are almost 50 years old and only in the rarest cases is 
        there any legitimate need for continued protection of such 
        records.

SEC. 3. 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 related to criminal civil rights 
        statutes specifically--
                    (A) section 241 of title 18, United States Code 
                (relating to conspiracy against rights);
                    (B) section 242 of title 18, United States Code 
                (relating to deprivation of rights under color of law);
                    (C) section 245 of title 18, United States Code 
                (relating to federally protected activities);
                    (D) sections 1581 and 1584 of title 18, United 
                States Code (relating to involuntary servitude and 
                peonage);
                    (E) section 901 of the Fair Housing Act (42 U.S.C. 
                3631); and
                    (F) any other Federal law that--
                            (i) was in effect on or before December 31, 
                        1969; and
                            (ii) the criminal section of the Civil 
                        Rights Division of the Department of Justice 
                        enforced, prior to the date of enactment of 
                        this Act.
            (3) Collection.--The term ``Collection'' means the Civil 
        Rights Cold Cases Collection established under section 4.
            (4) Executive agency.--The term ``Executive Agency'' means 
        an executive agency as defined in subsection 552(f) of title 5, 
        United States Code, and includes any executive department, 
        military department, Government Corporation, government 
        controlled corporation, or other establishment in the executive 
        branch of the government, including the Executive Office of the 
        President, or any independent regulatory agency.
            (5) Government office.--The term ``Government office'' 
        means any office of the Federal Government that has possession 
        or control of civil rights cold cases records.
            (6) Government official.--The term ``Government official'' 
        means any officer or employee of the United States, including 
        elected and appointed officials.
            (7) Identification aid.--The term ``Identification aid'' 
        means the written description prepared for each record as 
        required in section 224.
            (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 reviews of Civil Rights Cold Cases 
        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 Cases records for historical and governmental 
        purposes and for the purpose of fully informing the American 
        people about the history surrounding all Civil Rights Cold 
        Cases in the United States.
            (12) Record.--The term ``Record'' includes a book, paper, 
        map, photograph, sound or video recording, machine readable 
        material, computerized, digitized, or electronic information, 
        regardless of the medium on which it is stored, or other 
        documentary material, regardless of its physical form or 
        characteristics.
            (13) Civil rights cold case record.--The term ``Civil 
        Rights Cold Case Record'' means a record that is related to 
        Civil Rights Cold Cases, that was created or made available for 
        use by, obtained by, or otherwise came into the possession of--
                    (A) the Library of Congress;
                    (B) the National Archives and Records 
                Administration;
                    (C) any executive agency;
                    (D) any independent agency;
                    (E) any other entity of the Federal Government; and
                    (F) any State or local government, or component 
                thereof, that provided support or assistance or 
                performed work in connection with a Federal inquiry 
                into Civil Rights Cold Cases.
            (14) Review board.--The term ``Review Board'' means the 
        Civil Rights Cold Cases Records Review Board established by 
        section 6.
            (15) Third agency.--The term ``Third agency'' means an 
        executive agency that originated a Civil Rights Cold Case 
        record that is in the possession of another agency.
            (16) Widely accessible format.--The term ``Widely 
        accessible format'' refers to an open format that is platform 
        independent, machine readable, and made available to the public 
        without restrictions that would impede the re-use of that 
        information.

SEC. 4. 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 the 
        enactment of this Act, the Archivist shall--
                    (A) establish a collection of 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; 
                and
                    (B) prepare and publish the subject guidebook and 
                index to the Collection.
            (2) Contents of collection.--The Collection shall include--
                    (A) a copy of each cold case record that shall be 
                transmitted to the Archivist in accordance with section 
                2107 of title 44, United States Code;
                    (B) each cold case record--
                            (i) 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;
                            (ii) that is required to be transmitted to 
                        the Archivist; and
                            (iii) the disclosure of which is postponed 
                        under this Act;
                    (C) a central directory comprised of identification 
                aids created for each record transmitted to the 
                Archivist under section 5; and
                    (D) all Review Board records as required by this 
                Act.
    (b) Disclosure of Records.--All cold case records transmitted to 
the Archivist for disclosure to the public shall be included in the 
Collection and shall be available to the public for inspection and 
copying at the National Archives within 30 days after the transmission 
of such record to the Archivist.
    (c) Fees for Copying.--The Archivist shall--
            (1) use efficient electronic means when possible;
            (2) charge fees for copying cold case records; and
            (3) grant waivers of such fees pursuant to the standard 
        established by section 552(a)(4) of title 5, United States 
        Code.
    (d) Additional Requirements.--The Archivist, in consultation with 
the Information Security Oversight Office, shall ensure the security of 
the postponed cold case records in the Collection.
    (e) Transmission to the National Archives.--Each Government office 
shall--
            (1) transmit to the Archivist and make available to the 
        public not later than 300 days after the date of the enactment 
        of this Act, each 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
            (2) transmit to the Archivist upon approval for 
        postponement by the Review Board or upon completion of other 
        action authorized by this Act, each 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.
    (f) Custody of Postponed Cold Case Records.--A cold case record for 
which public disclosure has been postponed shall, pending transmission 
to the Archivist, be held for reasons of security and preservation by 
the originating body until such time as the information security 
program has been established at the National Archives as required in 
section 4(c)(2).
    (g) Periodic Review of Postponed Cold Case Records.--
            (1) In general.--Each postponed or redacted record shall be 
        reviewed every 180 days by the originating agency and the 
        Archivist consistent with the recommendations of the Review 
        Board under section 8(c)(3)(B).
            (2) Requirements of periodic review.--The periodic review 
        shall--
                    (A) address the public disclosure of additional 
                cold case records in the Collection under the standards 
                of this Act; and
                    (B) serve to downgrade and declassify classified 
                information, with the presumption of providing public 
                disclosure.
            (3) Unclassified written description.--Any postponed cold 
        case record that is determined to require continued 
        postponement shall include an unclassified written description 
        of the reason for such continued postponement. Such description 
        shall be provided to the Archivist and published in the Federal 
        Register upon determination.
            (4) Full disclosure of cold case record required.--Each 
        cold case record 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--
                    (A) continued postponement is made necessary by an 
                identifiable harm to military defense, intelligence 
                operations, or the conduct of foreign relations; and
                    (B) the identifiable harm is of such gravity that 
                it outweighs the public interest in disclosure.
    (h) Digitization of Records.--Executive branch agencies shall make 
text searchable documents available to the Review Board pursuant to 
standards established by section 552(a)(3) of title 5, United States 
Code.

SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

    Disclosure of Civil Rights Cold Case records or particular 
information within a cold case record to the public may be postponed 
subject to the limitations of this Act if there is clear and convincing 
evidence that:
            (1) The threat to the military defense, intelligence 
        operations, or the conduct of domestic affairs of the United 
        States posed by the public disclosure of the cold case record 
        is of such gravity that the disclosure outweighs the public 
        interest and would reveal--
                    (A) an intelligence source or method that is 
                currently used, or reasonably expected to be used, 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
                    (B) any other matter relating to the military 
                defense, intelligence operations, or conduct of foreign 
                relations with the United States, the disclosure of 
                which would demonstrably impair the national security 
                of the United States.
            (2) The public disclosure of the cold case 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 cold case record could 
        reasonably be expected to constitute an unwarranted invasion of 
        personal privacy, and that invasion of privacy is so 
        substantial that the protection of privacy outweighs the public 
        interest.
            (4) The public disclosure of the cold case record would 
        compromise the existence of an understanding of confidentiality 
        currently requiring protection between a Government agent and a 
        cooperating individual or group and public disclosure would be 
        so harmful that the understanding of confidentiality outweighs 
        the public interest.
            (5) The public record of the cold case record would reveal 
        a security or protective procedure used, or reasonably expected 
        to be used, by the United States Secret Service or another 
        executive agency responsible for protecting Government 
        officials, and public disclosure would be so harmful that 
        protective procedure outweighs the public interest.

SEC. 6. ESTABLISHMENT AND POWERS OF THE COLD CASE RECORDS REVIEW BOARD.

    (a) Establishment.--There is established, as an independent agency, 
a board to be known as the Cold Case Records Review Board.
    (b) Appointment.--(1) The President shall appoint 5 persons to 
serve as members of the Review Board to ensure and facilitate the 
review, transmission to the Archivist, and public disclosure of 
government records related to civil rights cold cases.
    (2) Initial appointments to the Review Board shall, so far as 
practicable, be made not later than 30 days after the enactment of this 
Act.
    (3) In making appointments to the Review Board the President shall 
consider any persons recommended by the American Historical 
Association, the Organization of American Historians, the Society of 
American Archivists, and the American Bar Association.
    (4) If an organization described in paragraph (3) does not 
recommend at least two nominees meeting the qualifications stated in 
paragraph (4) within 30 days after the enactment of this Act, the 
requirements of paragraph (2) shall be extended until such 
recommendations are made or 60 days, whichever comes first.
    (5) The President may request any organization described in 
paragraph (2) to submit additional nominations.
    (6) Persons nominated to the Review Board shall--
            (A) be impartial private citizens, none of whom is 
        presently employed by any branch of the Government, and none of 
        whom shall 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 Cases;
            (B) be distinguished persons 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 Cold Cases and who possess an appreciation of the 
        value of such material to the public, scholars, and government; 
        and
            (C) include at least one professional historian and one 
        attorney.
    (c) Security Clearances.--All Review Board nominees shall be 
processed for the necessary security clearances in an accelerated 
manner 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 30 days of the 
occurrence of the vacancy.
    (e) Chairperson.--The members of the Review Board shall elect one 
of its members as chairperson.
    (f) Removal of Review Board Member.--
            (1) 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)(A) 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) 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)(A) 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) The member may be reinstated or granted other 
        appropriate relief by order of the court.
    (g) 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 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) 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) The Review Board shall consider and render decisions on 
        a determination by a Government office to seek to postpone the 
        disclosure of Cold Case Records.
            (2) In carrying out paragraph (1), the Review Board shall 
        consider and render decisions--
                    (A) whether a record constitutes a Cold Case 
                Record; and
                    (B) whether a Cold Case Record or particular 
                information in a record qualifies for postponement of 
                disclosure under this Act.
    (i) Powers.--The Review Board shall have the authority to act in a 
manner prescribed under this Act including the authority to--
            (1) obtain access to Cold Case records that have been 
        identified and organized by a Government office;
            (2) 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;
            (3) subpoena private persons to compel testimony, records, 
        and other information relevant to its responsibilities under 
        this Act;
            (4) require any Government office to account in writing for 
        the destruction of any records relating to Civil Rights Cold 
        Cases;
            (5) receive information from the public regarding the 
        identification and public disclosure of Cold Case records; and
            (6) hold hearings, administer oaths, and subpoena witnesses 
        and documents. Any subpoena issued under this paragraph 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.--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 be responsible for 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.
    (l) Support Services.--The Administrator of the General Services 
Administration 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) The Review Board shall terminate not later than 2 years 
        after the enactment of this Act, except that the Review Board 
        may, by majority vote, extend its term for an additional 1-year 
        period if it has not completed its work within that 2-year 
        period.
            (2) Upon 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) Upon termination, the Review Board shall transfer all 
        of its records to the Archivist for inclusion in the 
        Collection, and the records of the Review Board shall not be 
        destroyed.

SEC. 7. COLD CASE RECORDS REVIEW BOARD PERSONNEL.

    (a) Chief of Staff.--
            (1) Appointment.--Not later than 45 days after the initial 
        meeting of the Review Board, the Review Board shall appoint one 
        United States citizen, without regard to political affiliation, 
        to the position of Chief of Staff.
            (2) Requirements.--The individual appointed as Chief of 
        Staff--
                    (A) shall be a private citizen of integrity and 
                impartiality who is a distinguished professional;
                    (B) may not be a present employee of the Federal 
                Government; and
                    (C) 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 
        shall qualify for the necessary security clearance prior to 
        being approved 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 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, 
        or any other condition that substantially impairs the 
        performance of the responsibilities of the Chief of Staff or 
        the staff 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 law and regulation for competitive service as 
        defined in subchapter 1 of chapter 33 of title 5, United States 
        Code, appoint and terminate additional personnel as are 
        necessary to enable the Review Board and its Chief of Staff to 
        perform its duties.
            (2) Requirements.--A person appointed to the staff of the 
        Review Board--
                    (A) shall be a private citizen of integrity and 
                impartiality;
                    (B) may not be an employee of the Federal 
                Government; and
                    (C) shall have had no previous involvement with any 
                official investigation or inquiry relating to the 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 approved by the 
        Review Board.
    (c) Compensation.--The Review Board shall fix the compensation of 
the Chief of Staff and or personnel in accordance with title 5, United 
States Code, except that the rate of pay for the Chief of Staff and 
other personnel 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 shall have the authority 
to create advisory committees to assist in fulfilling the 
responsibilities of the Review Board under this Act.

SEC. 8. REVIEW OF RECORDS BY THE COLD CASE RECORDS 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 its cold case records 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 of its 
        appointment, publish a schedule for review of all cold case 
        records in the Federal Register; and
            (2) not later than 180 days after the enactment of this 
        Act, begin its review of cold case records under this Act.
    (c) Determination of the Review Board.--
            (1) The Review Board shall direct that all 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 cold case record; 
                or
                    (B) a Government record or particular information 
                within a cold case record qualifies for postponement of 
                public disclosure under this Act.
            (2) In approving postponement of public disclosure of a 
        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 cold case record.
                            (ii) A substitute record for that 
                        information which is postponed.
                            (iii) A summary of a cold case record.
            (3) With respect to each cold case record or particular 
        information in cold case records the public disclosure of which 
        is postponed pursuant to section 5, 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 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) Following its review and a determination that a 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 within 14 days after the determination is 
        made.
            (5) Contemporaneous notice shall be made to the President 
        for Review Board determinations regarding executive branch cold 
        case records, and to the oversight committees designated in 
        this Act in the case of legislative branch records. Such notice 
        shall contain a written unclassified justification for public 
        disclosure or postponement of disclosure, including an 
        explanation of the application of any standards in section 5.
    (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 cold case record or information contained in an 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 
        5, 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 branch agency as required under 
        this Act, stating the justification for the President's 
        decision, including the applicable grounds for postponement 
        under section 5, accompanied by a copy of the identification 
        aid required under section 4.
            (2) Periodic review.--Any executive branch cold case record 
        postponed by the President shall be subject to the requirements 
        of periodic review, downgrading, and declassification of 
        classified information, and public disclosure in the Collection 
        set forth in section 4.
            (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, and other 
        materials transmitted by or on behalf of the President with 
        regard to postponement of cold case records.
    (e) Notice to the Public.--Every calendar day, beginning 60 days 
after the Review Board first approves the postponement of disclosure of 
an cold case record, the Review Board shall publish in the Federal 
Register a notice that summarizes the postponements approved by the 
Review Board or initiated by the President, the House of 
Representatives, or the Senate, including a description of the subject, 
originating agency, length or other physical description, and each 
ground for postponement that is relied upon.
    (f) Reports by the Review Board.--
            (1) The Review Board shall report its activities to the 
        Speaker, Minority Leader and the Committee on Oversight and 
        Government Reform of the House of Representatives, and the 
        Majority Leader, Minority Leader, and 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) The first report shall be issued 1 year after the 
        enactment of this Act, and subsequent reports shall be issued 
        every 12 months thereafter until termination of the Review 
        Board.
            (3) A 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 personnel.
                    (B) The progress made on review, transmission to 
                the Archivist, and public disclosure of cold case 
                records.
                    (C) The estimated time and volume of 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 
                section 8(c)(3) made since the date of the preceding 
                report under this subsection.
            (4) At least 90 calendar days before completing its work, 
        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. 9. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.

    (a) Materials Under the Seal of the Court.--
            (1) 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 related cold cases 
        that is held under seal of court.
            (2) The Review Board may request the Attorney General to 
        petition any court in the United States to release any 
        information relevant to Civil Rights related cold cases that is 
        held under the injunction of secrecy of a grand jury.
            (3) A request for disclosure of Civil Rights cold case 
        materials under this Act shall be deemed to constitute a 
        showing of particularized need under Rule 6 of the Federal 
        Rules of Criminal Procedure.
            (4) The Attorney General shall comply with any request made 
        subject to provisions of the section within 45 days.
    (b) Cooperation With Agencies.--It is the sense of Congress that--
            (1) the Attorney General shall 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 shall cooperate in full with the Review Board to 
        seek the disclosure of all information relevant to civil rights 
        related cold cases consistent with the public interest.

SEC. 10. RULES OF CONSTRUCTION.

    (a) Precedence Over Other Law.--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), judicial decisions construing such law, or common law 
doctrine that would otherwise prohibit such transgression 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.
    (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 pursuant to 
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 sections 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.
    (e) Rules of the Senate and House of Representatives.--To the 
extent that any provision of this Act establishes a procedure to be 
followed in the Senate or the House of Representatives, such provision 
is adopted--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and is deemed to be 
        part of the rules of each House, respectively, but applicable 
        only with respect to the procedure to be followed in that 
        House, and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 11. TERMINATION OF EFFECT OF ACT.

    (a) Provisions Pertaining to the Review Board.--The provisions of 
this Act that pertain to the appointment and operation of the Review 
Board shall cease to be effective when the Review Board and the terms 
of its members have terminated pursuant to section 6(n).
    (b) Other Provisions.--The remaining provisions of this Act shall 
continue in effect until such time as the Archivist certifies to the 
President and the Congress that all Civil Rights Cold Cases records 
have been made available to the public in accordance with this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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