[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Enrolled Bill (ENR)]
S.3191
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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,

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

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In this Act:
(1) Archivist.--The term ``Archivist'' means the Archivist of
the United States.
(2) Civil rights cold case.--The term ``civil rights cold
case'' means any unsolved case--
(A) arising out of events which occurred during the period
beginning on January 1, 1940 and ending on December 31, 1979;
and
(B) related to--
(i) section 241 of title 18, United States Code
(relating to conspiracy against rights);
(ii) section 242 of title 18, United States Code
(relating to deprivation of rights under color of law);
(iii) section 245 of title 18, United States Code
(relating to federally protected activities);
(iv) sections 1581 and 1584 of title 18, United States
Code (relating to peonage and involuntary servitude);
(v) section 901 of the Fair Housing Act (42 U.S.C.
3631); or
(vi) any other Federal law that was--
(I) in effect on or before December 31, 1979; and
(II) enforced by the criminal section of the Civil
Rights Division of the Department of Justice before the
date of enactment of this Act.
(3) Civil rights cold case record.--The term ``civil rights
cold case record'' means a record that--
(A) is related to a civil rights cold case; and
(B) was created or made available for use by, obtained by,
or otherwise came into the possession of--
(i) the Library of Congress;
(ii) the National Archives;
(iii) any executive agency;
(iv) any independent agency;
(v) any other entity of the Federal Government; or
(vi) any State or local government, or component
thereof, that provided support or assistance or performed
work in connection with a Federal inquiry into a civil
rights cold case.
(4) Collection.--The term ``Collection'' means the Civil Rights
Cold Case Records Collection established under section 3.
(5) Executive agency.--The term ``executive agency'' means an
agency, as defined in section 552(f) of title 5, United States
Code.
(6) Government office.--The term ``Government office'' means
any office of the Federal Government that has possession or control
of 1 or more civil rights cold case records.
(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.

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ARCHIVES AND RECORD ADMINISTRATION.
(a) In General.--
(1) Establishment of the civil rights cold case records
collection.--Not later than 60 days after the date of enactment of
this Act, the Archivist shall--
(A) commence establishing a collection of civil rights cold
case records to be known as the ``Civil Rights Cold Case
Records Collection'' that ensures the physical integrity and
original provenance of all records in the Collection;
(B) commence preparing and publishing the subject guidebook
and index to the Collection; and
(C) establish criteria for Government offices to follow
when transmitting copies of civil rights cold case records to
the Archivist, to include required metadata.
(2) Contents of collection.--The Collection shall include--
(A) a copy of each civil rights cold case record--
(i) that has not been transmitted to the Archivist,
which shall be transmitted to the Archivist in accordance
with section 2107 of title 44, United States Code, by the
entity described in section 2(3)(B) in possession of the
civil rights cold case record, except in the case of a
State or local government;
(ii) that has been transmitted to the Archivist or
disclosed to the public in an unredacted form before the
date of the enactment of this Act;
(iii) that is required to be transmitted to the
Archivist; or
(iv) the disclosure of which is postponed under this
Act; and
(B) all Review Board records, as required under this Act.
(b) Disclosure of Records.--All civil rights cold case records
transmitted to the Archivist for disclosure to the public--
(1) shall be included in the Collection;
(2) not later than 60 days after the transmission of the record
to the Archivist, shall be available to the public for inspection
and copying at the National Archives; and
(3) shall be prioritized for digitization by the National
Archives.
(c) Fees for Copying.--The Archivist shall--
(1) use efficient electronic means when possible;
(2) charge fees for copying civil rights cold case records; and
(3) grant waivers of such fees pursuant to the standard
established under section 552(a)(4) of title 5, United States Code.
(d) Additional Requirements.--The Archivist shall ensure the
security of civil rights cold case records in the Collection for which
disclosure is postponed.
(e) Transmission to the National Archives.--
(1) In general.--Subject to paragraph (2), each Government
office shall, in accordance with the criteria established by the
Archivist under subsection (a)(1)(C)--
(A) as soon as is reasonably practicable, and in any event
not later than 2 years after the date of the enactment of this
Act, transmit to the Archivist, for the Archivist to make
available to the public in accordance with subsection (b), a
copy of each civil rights cold case record that can be publicly
disclosed, including any such record that is publicly available
on the date of enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this Act; and
(B) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this Act, a copy of each civil rights cold
case record for which public disclosure has been postponed, in
whole or in part, under the standards of this Act, to become
part of the protected Collection.
(2) Reopening of cases.--If, not later than 2 years after the
date of enactment of this Act, the Attorney General submits to the
Archivist a certification that the Attorney General intends to
reopen and pursue prosecution of the civil rights cold case to
which a civil rights cold case record relates, the Attorney General
shall transmit to the Archivist the civil rights cold case record
in accordance with paragraph (1)--
(A) not later than 90 days after--
(i) final judgment is entered in the proceedings
relating to the civil rights cold case; or
(ii) proceedings relating to the civil rights cold case
are dismissed with prejudice; or
(B) not later than the date that is 1 year after the date
on which the Attorney General submits to the Archivist the
certification, if an indictment or information has not been
filed with respect to the civil rights cold case.
(f) Periodic Review of Postponed Civil Rights Cold Case Records.--
(1) In general.--Each civil rights cold case record that is
redacted or for which public disclosure is postponed shall be
reviewed not later than December 31 each year by the entity
submitting the record and the Archivist, consistent with the
recommendations of the Review Board under section 7(c)(3)(B).
(2) Requirements of periodic review.--The periodic review under
paragraph (1) shall address the public disclosure of additional
civil rights cold case records in the Collection under the
standards of this Act.
(3) Unclassified written description.--Any civil rights cold
case record for which postponement of public disclosure is
continued shall include an unclassified written description of the
reason for such continued postponement, which shall be provided to
the Archivist and made available on a publicly accessible website
upon the determination to continue the postponement.
(4) Full disclosure of civil rights cold case record
required.--
(A) In general.--Each civil rights cold case record that is
not publicly disclosed in full as of the date on which the
Review Board terminates under section 5(n) shall be publicly
disclosed in full and available in the Collection not later
than 25 years after the date of enactment of this Act unless--
(i) the head of the originating body, an executive
agency, or other Government office recommends in writing
the exemption of the record or information, the release of
which would clearly and demonstrably be expected to--
(I) cause identifiable or describable damage to
national security, military defense, law enforcement,
intelligence operations, or the conduct of foreign
relations that is of such gravity that it outweighs the
public interest in disclosure; or
(II) reveal information described in paragraphs (1)
through (9) of section 3.3(b) of Executive Order 13526
(75 Fed. Reg. 707; relating to classified national
security information);
(ii) the written recommendation described in clause
(i)--
(I) is provided to the Archivist not later than 180
days before the date that is 25 years after the date of
enactment of this Act; and
(II) includes--
(aa) a justification of the recommendation to
postpone disclosure; and
(bb) a recommended specified time at which or a
specified occurrence following which the material
may be appropriately disclosed to the public under
this Act; and
(iii) the Archivist agrees with the written
recommendation described in clause (i).
(B) Notification.--If the Archivist does not agree with the
recommendation described in subparagraph (A)(i), the Archivist
shall notify the head of the originating body, executive
agency, or other Government office making the recommendation
not later than 90 days before the date that is 25 years after
the date of enactment of this Act.
(g) Digitization of Records.--Each executive agency shall make text
searchable documents available to the Review Board pursuant to
standards established under section 552(a)(3) of title 5, United States
Code.
(h) Notice Regarding Public Disclosure.--
(1) Finding.--Congress finds that the public release of case-
related documents and information without notice may significantly
affect the victims of the events to which the case relates and
their next of kin.
(2) Notice.--Not later than 7 days before a civil rights cold
case record is publicly disclosed, the executive agency releasing
the civil rights cold case record, in coordination with the
Government office that had possession or control of the civil
rights cold case record, shall take all reasonable efforts to
provide the civil rights cold case record to the victims of the
events to which the civil rights cold case record relates, or their
next of kin.

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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);
(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.

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REVIEW BOARD.
(a) Establishment.--There is established, as an independent agency,
a board to be known as the Civil Rights Cold Case Records Review Board.
(b) Appointment.--
(1) In general.--The President shall appoint, by and with the
advice and consent of the Senate, 5 individuals to serve as members
of the Review Board, to ensure and facilitate the review,
transmission to the Archivist, and public disclosure of civil
rights cold case records.
(2) Initial appointment.--
(A) In general.--Initial appointments to the Review Board
shall, so far as practicable, be made not later than 60 days
after the date of enactment of this Act.
(B) Recommendations.--In making appointments to the Review
Board, the President may consider any individuals recommended
by the American Historical Association, the Organization of
American Historians, the Society of American Archivists, and
the American Bar Association.
(C) Extension.--If an organization described in
subparagraph (B) does not recommend at least 2 nominees meeting
the qualifications stated in paragraph (3) within 60 days after
the date of enactment of this Act, the deadline under
subparagraph (A) shall be extended until the earlier of 60 days
after the date on which such recommendations are made or 120
days after the date of enactment of this Act.
(D) Additional recommendations.--The President may request
that any organization described in subparagraph (B) submit
additional recommended nominees.
(3) Qualifications.--Individuals nominated to the Review Board
shall--
(A) not have had any previous involvement with any official
investigation or inquiry conducted by the Federal Government,
or any State or local government, relating to any civil rights
cold case;
(B) be distinguished individuals of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to fulfill their role in ensuring and facilitating
the review, transmission to the public, and public disclosure
of files related to civil rights cold cases and who possess an
appreciation of the value of such material to the public,
scholars, and government; and
(C) include at least 1 professional historian and 1
attorney.
(c) Security Clearances.--All Review Board nominees shall be
processed for the necessary security clearances in an accelerated
manner by the appropriate Federal agencies and subject to the standard
procedures for granting such clearances.
(d) Vacancy.--A vacancy on the Review Board shall be filled in the
same manner as the original appointment within 60 days of the
occurrence of the vacancy.
(e) Chairperson.--The members of the Review Board shall elect 1 of
the members as chairperson.
(f) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be removed
from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Report.--
(A) In general.--If a member of the Review Board is removed
from office, and that removal is by the President, not later
than 10 days after the removal, the President shall submit to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report specifying the
facts found and the grounds for the removal.
(B) Publication.--The President shall publish in the
Federal Register a report submitted under subparagraph (A),
except that the President may, if necessary to protect the
rights of a person named in the report or to prevent undue
interference with any pending prosecution, postpone or refrain
from publishing any or all of the report until the completion
of such pending cases or pursuant to privacy protection
requirements in law.
(3) Judicial review.--
(A) In general.--A member of the Review Board removed from
office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia.
(B) Relief.--The member may be reinstated or granted other
appropriate relief by order of the court.
(g) Compensation of Members.--
(1) In general.--A member of the Review Board shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in lieu of
subsistence, at rates for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away from the
member's home or regular place of business in the performance of
services for the Review Board.
(h) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
decisions on a determination by a Government office to seek to
postpone the disclosure of civil rights cold case records.
(2) Decisions.--In carrying out paragraph (1), the Review Board
shall consider and render decisions on--
(A) whether a record constitutes a civil rights cold case
record; and
(B) whether a civil rights cold case record or particular
information in a record qualifies for postponement of
disclosure under this Act.
(i) Powers.--
(1) In general.--The Review Board shall have the authority to
act in a manner prescribed under this Act including the authority
to--
(A) obtain access to civil rights cold case records that
have been identified and organized by a Government office;
(B) direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony from
individuals, which the Review Board has reason to believe is
required to fulfill its functions and responsibilities under
this Act;
(C) subpoena private persons to compel the production of
documents and other records relevant to its responsibilities
under this Act;
(D) require any Government office to account in writing for
the destruction of any records relating to civil rights cold
cases;
(E) receive information from the public regarding the
identification and public disclosure of civil rights cold case
records; and
(F) hold hearings, administer oaths, and subpoena documents
and other records.
(2) Enforcement of subpoenas.--Any subpoena issued under this
subsection may be enforced by any appropriate Federal court acting
pursuant to a lawful request of the Review Board.
(j) Witness Immunity.--The Review Board shall be considered to be
an agency of the United States for purposes of chapter 601 of title 18,
United States Code.
(k) Oversight.--
(1) In general.--The Committee on Oversight and Government
Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate shall have
continuing oversight jurisdiction with respect to the official
conduct of the Review Board and the disposition of postponed
records after termination of the Review Board, and shall have
access to any records held or created by the Review Board.
(2) Cooperation of review board.--The Review Board shall have a
duty to cooperate with the exercise of the oversight jurisdiction
described in paragraph (1).
(l) Support Services.--The Administrator of General Services shall
provide administrative services for the Review Board on a reimbursable
basis.
(m) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(n) Termination.--
(1) In general.--The Review Board shall terminate not later
than 4 years after the date of enactment of this Act, except that
the Review Board may, by majority vote, extend its term for an
additional 1-year period if the Review Board has not completed its
work within that 4-year period.
(2) Reports.--Before its termination, the Review Board shall
submit reports to the President and the Congress, including a
complete and accurate accounting of expenditures during its
existence, and shall complete all other reporting requirements
under this Act.
(3) Transfer of records.--
(A) In general.--Upon termination, the Review Board shall
transfer all of its records to the Archivist for inclusion in
the Collection.
(B) Preservation of records.--The records of the Review
Board shall not be destroyed, except that the Archivist may
destroy routine administrative records covered by a general
records schedule following notification in the Federal Register
and after considering comments.

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(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 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.

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(a) Custody of Records Reviewed by the Board.--Pending the outcome
of the Review Board's review activity, a Government office shall retain
custody of a civil rights cold case record for purposes of
preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of records
for reasons of conducting an independent and impartial review; or
(2) such transfer is necessary for an administrative hearing or
other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date on which all members
of the Review Board are appointed, publish a schedule for review of
all civil rights cold case records in the Federal Register; and
(2) not later than 180 days after the enactment of this Act,
begin its review of civil rights cold case records under this Act.
(c) Determination of the Review Board.--
(1) In general.--The Review Board shall direct that copies of
all civil rights cold case records be transmitted to the Archivist
and disclosed to the public in the Collection in the absence of
clear and convincing evidence that--
(A) a Government record is not a civil rights cold case
record; or
(B) a Government record or particular information within a
civil rights cold case record qualifies for postponement of
public disclosure under this Act, which shall include
consideration by the Review Board of relevant laws and policies
protecting criminal records of juveniles.
(2) Postponement.--In approving postponement of public
disclosure of a civil rights cold case record, the Review Board
shall work to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body
and consistent with the standards for postponement under this
Act, which of the following alternative forms of disclosure
shall be made by the originating body:
(i) Any reasonably segregable particular information in
a civil rights cold case record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of a civil rights cold case record.
(3) Report.--With respect to each civil rights cold case record
or particular information in civil rights cold case records the
public disclosure of which is postponed under section 4, or for
which only substitutions or summaries have been disclosed to the
public, the Review Board shall create and transmit to the Archivist
a report containing--
(A) a description of actions by the Review Board, the
originating body, the President, or any Government office
(including a justification of any such action to postpone
disclosure of any record or part of any record) and of any
official proceedings conducted by the Review Board with regard
to specific civil rights cold case records; and
(B) a statement, based on a review of the proceedings and
in conformity with the decisions reflected therein, designating
a recommended specified time at which or a specified occurrence
following which the material may be appropriately disclosed to
the public under this Act.
(4) Notice.--Not later than 14 days after the Review Board
makes a determination that a civil rights cold case record shall be
publicly disclosed in the Collection or postponed for disclosure
and held in the protected Collection, the Review Board shall notify
the head of the originating body of its determination and publish a
copy of the determination in the Federal Register.
(5) Other notice.--Contemporaneous notice shall be made to the
President of Review Board determinations regarding executive branch
civil rights cold case records, and to the oversight committees
designated in this Act in the case of legislative branch records.
Such notice shall contain an unclassified written justification for
public disclosure or postponement of disclosure, including an
explanation of the application of any standards under section 4.
(d) Presidential Authority Over Review Board Determination.--
(1) Public disclosure or postponement of disclosure.--After the
Review Board has made a formal determination concerning the public
disclosure or postponement of disclosure of an executive branch
civil rights cold case record or information contained in a civil
rights cold case record, obtained or developed solely within the
executive branch, the President shall have the sole and
nondelegable authority to require the disclosure or postponement of
such record or information under the standards set forth in section
4, and the President shall provide the Review Board with an
unclassified written certification specifying the President's
decision within 30 days after the Review Board's determination and
notice to the executive agency as required under this Act, stating
the justification for the President's decision, including the
applicable grounds for postponement under section 4.
(2) Periodic review.--Any executive branch civil rights cold
case record for which public disclosure is postponed by the
President shall be subject to the requirements of periodic review
and declassification of classified information and public
disclosure in the Collection set forth in section 3.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt, publish in the Federal Register a copy of
any unclassified written certification, statement, or other
materials transmitted by or on behalf of the President with regard
to postponement of the public disclosure of civil rights cold case
records.
(e) Notice to the Public.--On each day that is on or after the date
that is 60 days after the Review Board first approves the postponement
of disclosure of a civil rights cold case record, the Review Board
shall publish on a publicly available website a notice that summarizes
the postponements approved by the Review Board or initiated by the
President, including a description of the subject, originating body,
length or other physical description, and each ground for postponement
that is relied upon.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its activities
to the Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the Committee on Oversight and
Government Reform of the House of Representatives, the Majority
Leader of the Senate, the Minority Leader of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the President, the Archivist, and the head of any
Government office whose records have been the subject of Review
Board activity.
(2) Deadlines.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until termination
of the Review Board, the Review Board shall issue a report under
paragraph (1).
(3) Contents.--Each report under paragraph (1) shall include
the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
employees.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of civil rights cold case
records.
(C) The estimated time and volume of civil rights cold case
records involved in the completion of the Review Board's
performance under this Act.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to operate as required by this Act.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized by this Act, and a record of the volume of
records reviewed and postponed.
(F) Recommendations and requests to Congress for additional
authorization.
(G) An appendix containing copies of reports of postponed
records to the Archivist required under subsection (c)(3) made
since the date of the preceding report under this subsection.
(4) Notice of termination.--Not later than 90 days before
terminating, the Review Board shall provide written notice to the
President and the Congress of its intention to terminate its
operations at a specified date.

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(a) Materials Under the Seal of the Court.--
(1) In general.--The Review Board may request the Attorney
General to petition any court in the United States or abroad to
release any information relevant to civil rights cold cases that is
held under seal of court.
(2) Grand jury materials.--
(A) In general.--The Review Board may request the Attorney
General to petition any court in the United States to release
any information relevant to civil rights cold cases that is
held under the injunction of secrecy of a grand jury.
(B) Particularized need.--A request for disclosure of civil
rights cold case records under this Act shall be deemed to
constitute a showing of particularized need under rule 6 of the
Federal Rules of Criminal Procedure.
(3) Deadline.--
(A) In general.--The Attorney General shall respond to any
request that is subject to this subsection within 45 days.
(B) Nondisclosure of grand jury information.--If the
Attorney General determines that information relevant to a
civil rights cold case that is held under the injunction of
secrecy of a grand jury should not be made public, the Attorney
General shall set forth in the response to the request the
reasons for the determination.
(b) Cooperation With Agencies.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in good
faith to unseal any records that the Review Board determines to be
relevant and held under the seal by a court or under the injunction
of secrecy of a grand jury; and
(2) all departments and agencies of the United States
Government should cooperate in full with the Review Board to seek
the disclosure of all information relevant to civil rights cold
cases consistent with the public interest.

4b65c23ceb8bcfe8d0dd353059cb850b59cf3f63cda9ddc30afd9dbf816ef14e

(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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Civil Rights Cold Case Records Collection Act of 2018 — S. 3191

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