,i #aaeth ,,congress #ast ,session ,h4 ,r4 #abgb ,,in ,,the ,,house ,,of ,,representatives ,march #a1 #bjag,mr4 ,rush introduced the following bill2 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 cases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cold ,case ,record ,collections ,act of #bjag4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,all government records related to civil rights cold cases shall be preserved for historical and governmental purposes4 7#b7 ,all government records concerning civil rights cold cases shall carry a presumption of immediate disclosure1 and all records shall be eventually disclosed to enable the public to become fully informed about the history surrounding the cases4 7#c7 ,legislation is necessary to create an enforceable1 independent1 and accountable process for the public disclosure of such records4 7#d7 ,legislation is necessary because congressional records related to civil rights cold cases would not otherwise be subject to public disclosure4 7#e7 ,legislation is necessary because section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 as implemented by the executive branch1 has prevented the timely and adequate public disclosure of records relating to civil rights cold cases4 7#f7 ,legislation is necessary because ,executive ,order #acebf 7#ge ,fed4 ,reg4 #gjg2 relating to classified national security information71 while eliminating the declassification and downgrading of schedules relating to classified information across government1 has not resulted in the timely and adequate public disclosure of records relating to civil rights cold cases4 7#g7 ,most of the records related to the civil rights cold cases are almost #ej years old and only in the rarest cases is there any legitimate need for continued protection of such records4 #c4 ,definitions ,in this ,act3 7#a7 ,archivist ,the term ,archivist means the ,archivist of the ,united ,states4 7#b7 ,civil ,rights ,cold ,case ,the term ,civil ,rights ,cold ,case means any unsolved case related to criminal civil rights statutes specifically-- 7,a7 section #bda of title #ah1 ,united ,states ,code 7relating to conspiracy against rights72 7,b7 section #bdb of title #ah1 ,united ,states ,code 7relating to deprivation of rights under color of law72 7,c7 section #bde of title #ah1 ,united ,states ,code 7relating to federally protected activities72 7,d7 sections #aeha and #aehd of title #ah1 ,united ,states ,code 7relating to involuntary servitude and peonage72 7,e7 section #ija of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfca72 and 7,f7 any other ,federal law that-- 7i7 was in effect on or before ,december #ca1 #aifi2 and 7ii7 the criminal section of the ,civil ,rights ,division of the ,department of ,justice enforced1 prior to the date of enactment of this ,act4 7#c7 ,collection ,the term ,collection means the ,civil ,rights ,cold ,cases ,collection established under section #d4 7#d7 ,executive ,agency ,the term ,executive ,agency means an executive agency as defined in subsection #eeb7;f7 of title #e1 ,united ,states ,code1 and includes any executive department1 military department1 ,government ,corporation1 government controlled corporation1 or other establishment in the executive branch of the government1 including the ,executive ,office of the ,president1 or any independent regulatory agency4 7#e7 ,government office ,the term ,government office means any office of the ,federal ,government that has possession or control of civil rights cold cases records4 7#f7 ,government official ,the term ,government official means any officer or employee of the ,united ,states1 including elected and appointed officials4 7#g7 ,identification aid ,the term ,identification aid means the written description prepared for each record as required in section #bbd4 7#h7 ,national ,archives ,the term ,national ,archives means the ,national ,archives and ,records ,administration and all components thereof1 including ,presidential archival depositories established under section #baab of title #dd1 ,united ,states ,code4 7#i7 ,official ,investigation ,the term ,official ,investigation means the reviews of ,civil ,rights ,cold ,cases conducted by any entity of the ,federal ,government either independently1 at the request of any ,presidential commission or congressional committee1 or at the request of any government official4 7#aj7 ,originating body ,the term ,originating body means the executive agency1 government commission1 congressional committee1 or other governmental entity that created a record or particular information within a record4 7#aa7 ,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 ,states4 7#ab7 ,record ,the term ,record includes a book1 paper1 map1 photograph1 sound or video recording1 machine readable material1 computerized1 digitized1 or electronic information1 regardless of the medium on which it is stored1 or other documentary material1 regardless of its physical form or characteristics4 7#ac7 ,civil ,rights ,cold ,case ,record ,the term ,civil ,rights ,cold ,case ,record means a record that is related to ,civil ,rights ,cold ,cases1 that was created or made available for use by1 obtained by1 or otherwise came into the possession of-- 7,a7 the ,library of ,congress2 7,b7 the ,national ,archives and ,records ,administration2 7,c7 any executive agency2 7,d7 any independent agency2 7,e7 any other entity of the ,federal ,government2 and 7,f7 any ,state or local government1 or component thereof1 that provided support or assistance or performed work in connection with a ,federal inquiry into ,civil ,rights ,cold ,cases4 7#ad7 ,review board ,the term ,review ,board means the ,civil ,rights ,cold ,cases ,records ,review ,board established by section #f4 7#ae7 ,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 agency4 7#af7 ,widely accessible format ,the term ,widely accessible format refers to an open format that is platform independent1 machine readable1 and made available to the public without restrictions that would impede the re-use of that information4 #d4 ,civil rights cold case records collection at the national archives and record administration 7a7 ,in general 7#a7 ,establishment of the civil rights cold case records collection ,not later than #fj days after the date of the enactment of this ,act1 the ,archivist shall-- 7,a7 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 ,collection2 and 7,b7 prepare and publish the subject guidebook and index to the ,collection4 7#b7 ,contents of collection ,the ,collection shall include-- 7,a7 a copy of each cold case record that shall be transmitted to the ,archivist in accordance with section #bajg of title #dd1 ,united ,states ,code2 7,b7 each cold case record-- 7i7 that has been transmitted to the ,archivist or disclosed to the public in an unredacted form before the date of the enactment of this ,act2 7ii7 that is required to be transmitted to the ,archivist2 and 7iii7 the disclosure of which is postponed under this ,act2 7,c7 a central directory comprised of identification aids created for each record transmitted to the ,archivist under section #e2 and 7,d7 all ,review ,board records as required by this ,act4 7b7 ,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 #cj days after the transmission of such record to the ,archivist4 7c7 ,fees for copying ,the ,archivist shall-- 7#a7 use efficient electronic means when possible2 7#b7 charge fees for copying cold case records2 and 7#c7 grant waivers of such fees pursuant to the standard established by section #eeb7;a77#d7 of title #e1 ,united ,states ,code4 7d7 ,additional requirements ,the ,archivist1 in consultation with the ,information ,security ,oversight ,office1 shall ensure the security of the postponed cold case records in the ,collection4 7e7 ,transmission to the national archives ,each ,government office shall-- 7#a7 transmit to the ,archivist and make available to the public not later than #cjj days after the date of the enactment of this ,act1 each cold case record that can be publicly disclosed including any such record that is publicly available on the date of enactment of this ,act1 without any redaction1 adjustment1 or withholding under the standards of this ,act2 and 7#b7 transmit to the ,archivist upon approval for postponement by the ,review ,board or upon completion of other action authorized by this ,act1 each cold case record for which public disclosure has been postponed1 in whole or in part1 under the standards of this ,act1 to become part of the protected ,collection4 7f7 ,custody of postponed cold case records ,a cold case record for which public disclosure has been postponed shall1 pending transmission to the ,archivist1 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 #d7;c77#b74 7g7 ,periodic review of postponed cold case records 7#a7 ,in general ,each postponed or redacted record shall be reviewed every #ahj days by the originating agency and the ,archivist consistent with the recommendations of the ,review ,board under section #h7;c77#c77;,b74 7#b7 ,requirements of periodic review ,the periodic review shall-- 7,a7 address the public disclosure of additional cold case records in the ,collection under the standards of this ,act2 and 7,b7 serve to downgrade and declassify classified information1 with the presumption of providing public disclosure4 7#c7 ,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 postponement4 ,such description shall be provided to the ,archivist and published in the ,federal ,register upon determination4 7#d7 ,full disclosure of cold case record required ,each cold case record shall be publicly disclosed in full1 and available in the ,collection not later than #be years after the date of enactment of this ,act unless-- 7,a7 continued postponement is made necessary by an identifiable harm to military defense1 intelligence operations1 or the conduct of foreign relations2 and 7,b7 the identifiable harm is of such gravity that it outweighs the public interest in disclosure4 7h7 ,digitization of records ,executive branch agencies shall make text searchable documents available to the ,review ,board pursuant to standards established by section #eeb7;a77#c7 of title #e1 ,united ,states ,code4 #e4 ,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 that3 7#a7 ,the threat to the military defense1 intelligence operations1 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-- 7,a7 an intelligence source or method that is currently used1 or reasonably expected to be used1 by the ,united ,states ,government and which has not been officially disclosed1 the disclosure of which would interfere with the conduct of intelligence activities2 or 7,b7 any other matter relating to the military defense1 intelligence operations1 or conduct of foreign relations with the ,united ,states1 the disclosure of which would demonstrably impair the national security of the ,united ,states4 7#b7 ,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 person4 7#c7 ,the public disclosure of the cold case record could reasonably be expected to constitute an unwarranted invasion of personal privacy1 and that invasion of privacy is so substantial that the protection of privacy outweighs the public interest4 7#d7 ,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 interest4 7#e7 ,the public record of the cold case record would reveal a security or protective procedure used1 or reasonably expected to be used1 by the ,united ,states ,secret ,service or another executive agency responsible for protecting ,government officials1 and public disclosure would be so harmful that protective procedure outweighs the public interest4 #f4 ,establishment and powers of the cold case records review board 7a7 ,establishment ,there is established1 as an independent agency1 a board to be known as the ,cold ,case ,records ,review ,board4 7b7 ,appointment 7#a7 ,the ,president shall appoint #e persons to serve as members of the ,review ,board to ensure and facilitate the review1 transmission to the ,archivist1 and public disclosure of government records related to civil rights cold cases4 7#b7 ,initial appointments to the ,review ,board shall1 so far as practicable1 be made not later than #cj days after the enactment of this ,act4 7#c7 ,in making appointments to the ,review ,board the ,president shall consider any persons recommended by the ,american ,historical ,association1 the ,organization of ,american ,historians1 the ,society of ,american ,archivists1 and the ,american ,bar ,association4 7#d7 ,if an organization described in paragraph 7#c7 does not recommend at least two nominees meeting the qualifications stated in paragraph 7#d7 within #cj days after the enactment of this ,act1 the requirements of paragraph 7#b7 shall be extended until such recommendations are made or #fj days1 whichever comes first4 7#e7 ,the ,president may request any organization described in paragraph 7#b7 to submit additional nominations4 7#f7 ,persons nominated to the ,review ,board shall-- 7,a7 be impartial private citizens1 none of whom is presently employed by any branch of the ,government1 and none of whom shall have had any previous involvement with any official investigation or inquiry conducted by the ,federal ,government1 or any ,state or local government1 relating to any ,civil ,rights ,cold ,cases2 7,b7 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 review1 transmission to the public1 and public disclosure of files related to ,cold ,cases and who possess an appreciation of the value of such material to the public1 scholars1 and government2 and 7,c7 include at least one professional historian and one attorney4 7c7 ,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 clearances4 7d7 ,vacancy ,a vacancy on the ,review ,board shall be filled in the same manner as the original appointment within #cj days of the occurrence of the vacancy4 7e7 ,chairperson ,the members of the ,review ,board shall elect one of its members as chairperson4 7f7 ,removal of review board member 7#a7 ,no member of the ,review ,board shall be removed from office1 other than-- 7,a7 by impeachment and conviction2 or 7,b7 by the action of the ,president for inefficiency1 neglect of duty1 malfeasance in office1 physical disability1 mental incapacity1 or any other condition that substantially impairs the performance of the member's duties4 7#b7 7,a7 ,if a member of the ,review ,board is removed from office1 and that removal is by the ,president1 not later than #aj 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 removal4 7,b7 ,the ,president shall publish in the ,federal ,register a report submitted under subparagraph 7,a71 except that the ,president may1 if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution1 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 law4 7#c7 7,a7 ,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 ,columbia4 7,b7 ,the member may be reinstated or granted other appropriate relief by order of the court4 7g7 ,compensation of members 7#a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,review ,board4 7#b7 ,a member of the ,review ,board shall be allowed reasonable travel expenses1 including per diem in lieu of subsistence1 at rates for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the member's home or regular place of business in the performance of services for the ,review ,board4 7h7 ,duties of the review board 7#a7 ,the ,review ,board shall consider and render decisions on a determination by a ,government office to seek to postpone the disclosure of ,cold ,case ,records4 7#b7 ,in carrying out paragraph 7#a71 the ,review ,board shall consider and render decisions-- 7,a7 whether a record constitutes a ,cold ,case ,record2 and 7,b7 whether a ,cold ,case ,record or particular information in a record qualifies for postponement of disclosure under this ,act4 7i7 ,powers ,the ,review ,board shall have the authority to act in a manner prescribed under this ,act including the authority to-- 7#a7 obtain access to ,cold ,case records that have been identified and organized by a ,government office2 7#b7 direct a ,government office to make available to the ,review ,board1 and if necessary investigate the facts surrounding1 additional information1 records1 or testimony from individuals1 which the ,review ,board has reason to believe is required to fulfill its functions and responsibilities under this ,act2 7#c7 subpoena private persons to compel testimony1 records1 and other information relevant to its responsibilities under this ,act2 7#d7 require any ,government office to account in writing for the destruction of any records relating to ,civil ,rights ,cold ,cases2 7#e7 receive information from the public regarding the identification and public disclosure of ,cold ,case records2 and 7#f7 hold hearings1 administer oaths1 and subpoena witnesses and documents4 ,any subpoena issued under this paragraph may be enforced by any appropriate ,federal court acting pursuant to a lawful request of the ,review ,board4 7j7 ,witness immunity ,the ,review ,board shall be considered to be an agency of the ,united ,states for purposes of chapter #fja of title #ah1 ,united ,states ,code4 7k7 ,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 ,board2 and shall have access to any records held or created by the ,review ,board4 7l7 ,support services ,the ,administrator of the ,general ,services ,administration shall provide administrative services for the ,review ,board on a reimbursable basis4 7m7 ,interpretive ,regulations ,the ,review ,board may issue interpretive regulations4 7n7 ,termination 7#a7 ,the ,review ,board shall terminate not later than #b years after the enactment of this ,act1 except that the ,review ,board may1 by majority vote1 extend its term for an additional #a-year period if it has not completed its work within that #b-year period4 7#b7 ,upon its termination1 the ,review ,board shall submit reports to the ,president and the ,congress1 including a complete and accurate accounting of expenditures during its existence1 and shall complete all other reporting requirements under this ,act4 7#c7 ,upon termination1 the ,review ,board shall transfer all of its records to the ,archivist for inclusion in the ,collection1 and the records of the ,review ,board shall not be destroyed4 #g4 ,cold case records review board personnel 7a7 ,chief of staff 7#a7 ,appointment ,not later than #de days after the initial meeting of the ,review ,board1 the ,review ,board shall appoint one ,united ,states citizen1 without regard to political affiliation1 to the position of ,chief of ,staff4 7#b7 ,requirements ,the individual appointed as ,chief of ,staff-- 7,a7 shall be a private citizen of integrity and impartiality who is a distinguished professional2 7,b7 may not be a present employee of the ,federal ,government2 and 7,c7 shall have had no previous involvement with any official investigation or inquiry relating to ,civil ,rights ,cold ,cases4 7#c7 ,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 clearances4 7#d7 ,approval contingent on prior clearance ,a candidate shall qualify for the necessary security clearance prior to being approved by the ,review ,board4 7#e7 ,duties ,the ,chief of ,staff shall-- 7,a7 serve as principal liaison to ,government offices2 7,b7 be responsible for the administration and coordination of the ,review ,board's review of records2 7,c7 be responsible for the administration of all official activities conducted by the ,review ,board2 and 7,d7 have no authority to decide or determine whether any record shall be disclosed to the public or postponed for disclosure4 7#f7 ,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 inefficiency1 neglect of duty1 malfeasance in office1 physical disability1 mental incapacity1 or any other condition that substantially impairs the performance of the responsibilities of the ,chief of ,staff or the staff of the ,review ,board4 7b7 ,staff 7#a7 ,additional personnel ,the ,review ,board may1 in accordance with the civil service laws but without regard to civil service law and regulation for competitive service as defined in subchapter #a of chapter #cc of title #e1 ,united ,states ,code1 appoint and terminate additional personnel as are necessary to enable the ,review ,board and its ,chief of ,staff to perform its duties4 7#b7 ,requirements ,a person appointed to the staff of the ,review ,board-- 7,a7 shall be a private citizen of integrity and impartiality2 7,b7 may not be an employee of the ,federal ,government2 and 7,c7 shall have had no previous involvement with any official investigation or inquiry relating to the ,civil ,rights ,cold ,cases4 7#c7 ,nominations ,before making an appointment pursuant to paragraph 7#a71 the ,review ,board shall consider individuals recommended by the ,american ,historical ,association1 the ,organization of ,american ,historians1 the ,society of ,american ,archivists1 and the ,american ,bar ,association4 7#d7 ,security ,clearances ,a candidate shall qualify for the necessary security clearance prior to being approved by the ,review ,board4 7c7 ,compensation ,the ,review ,board shall fix the compensation of the ,chief of ,staff and or personnel in accordance with title #e1 ,united ,states ,code1 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 #ecaf of that title4 7d7 ,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 ,act4 #h4 ,review of records by the cold case records review board 7a7 ,custody of records reviewed by the board ,pending the outcome of the ,review ,board's review activity1 a ,government office shall retain custody of its cold case records for purposes of preservation1 security1 and efficiency1 unless-- 7#a7 the ,review ,board requires the physical transfer of records for reasons of conducting an independent and impartial review2 or 7#b7 such transfer is necessary for an administrative hearing or other official ,review ,board function4 7b7 ,startup requirements ,the ,review ,board shall-- 7#a7 not later than #ij days after the date of its appointment1 publish a schedule for review of all cold case records in the ,federal ,register2 and 7#b7 not later than #ahj days after the enactment of this ,act1 begin its review of cold case records under this ,act4 7c7 ,determination of the review board 7#a7 ,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-- 7,a7 a ,government record is not a cold case record2 or 7,b7 a ,government record or particular information within a cold case record qualifies for postponement of public disclosure under this ,act4 7#b7 ,in approving postponement of public disclosure of a cold case record1 the ,review ,board shall work to-- 7,a7 provide for the disclosure of segregable parts1 substitutes1 or summaries of such a record2 and 7,b7 determine1 in consultation with the originating body and consistent with the standards for postponement under this ,act1 which of the following alternative forms of disclosure shall be made by the originating body3 7i7 ,any reasonably segregable particular information in a cold case record4 7ii7 ,a substitute record for that information which is postponed4 7iii7 ,a summary of a cold case record4 7#c7 ,with respect to each cold case record or particular information in cold case records the public disclosure of which is postponed pursuant to section #e1 or for which only substitutions or summaries have been disclosed to the public1 the ,review ,board shall create and transmit to the ,archivist a report containing-- 7,a7 a description of actions by the ,review ,board1 the originating body1 the ,president1 or any ,government office 7including a justification of any such action to postpone disclosure of any record or part of any record7 and of any official proceedings conducted by the ,review ,board with regard to specific cold case records2 and 7,b7 a statement1 based on a review of the proceedings and in conformity with the decisions reflected therein1 designating a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this ,act4 7#d7 ,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 ,collection1 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 #ad days after the determination is made4 7#e7 ,contemporaneous notice shall be made to the ,president for ,review ,board determinations regarding executive branch cold case records1 and to the oversight committees designated in this ,act in the case of legislative branch records4 ,such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure1 including an explanation of the application of any standards in section #e4 7d7 ,presidential authority over review board determination 7#a7 ,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 record1 obtained or developed solely within the executive branch1 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 #e1 and the ,president shall provide the ,review ,board with an unclassified written certification specifying the ,president's decision within #cj days after the ,review ,board's determination and notice to the executive branch agency as required under this ,act1 stating the justification for the ,president's decision1 including the applicable grounds for postponement under section #e1 accompanied by a copy of the identification aid required under section #d4 7#b7 ,periodic review ,any executive branch cold case record postponed by the ,president shall be subject to the requirements of periodic review1 downgrading1 and declassification of classified information1 and public disclosure in the ,collection set forth in section #d4 7#c7 ,record of presidential postponement ,the ,review ,board shall1 upon its receipt1 publish in the ,federal ,register a copy of any unclassified written certification1 statement1 and other materials transmitted by or on behalf of the ,president with regard to postponement of cold case records4 7e7 ,notice to the public ,every calendar day1 beginning #fj days after the ,review ,board first approves the postponement of disclosure of an cold case record1 the ,review ,board shall publish in the ,federal ,register a notice that summarizes the postponements approved by the ,review ,board or initiated by the ,president1 the ,house of ,representatives1 or the ,senate1 including a description of the subject1 originating agency1 length or other physical description1 and each ground for postponement that is relied upon4 7f7 ,reports by the review board 7#a7 ,the ,review ,board shall report its activities to the ,speaker1 ,minority ,leader and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,majority ,leader1 ,minority ,leader1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,president1 the ,archivist1 and the head of any ,government office whose records have been the subject of ,review ,board activity4 7#b7 ,the first report shall be issued #a year after the enactment of this ,act1 and subsequent reports shall be issued every #ab months thereafter until termination of the ,review ,board4 7#c7 ,a report under paragraph 7#a7 shall include the following information3 7,a7 ,a financial report of the expenses for all official activities and requirements of the ,review ,board and its personnel4 7,b7 ,the progress made on review1 transmission to the ,archivist1 and public disclosure of cold case records4 7,c7 ,the estimated time and volume of cold case records involved in the completion of the ,review ,board's performance under this ,act4 7,d7 ,any special problems1 including requests and the level of cooperation of ,government offices1 with regard to the ability of the ,review ,board to operate as required by this ,act4 7,e7 ,a record of review activities1 including a record of postponement decisions by the ,review ,board or other related actions authorized by this ,act1 and a record of the volume of records reviewed and postponed4 7,f7 ,recommendations and requests to ,congress for additional authorization4 7,g7 ,an appendix containing copies of reports of postponed records to the ,archivist required under section #h7;c77#c7 made since the date of the preceding report under this subsection4 7#d7 ,at least #ij calendar days before completing its work1 the ,review ,board shall provide written notice to the ,president and the ,congress of its intention to terminate its operations at a specified date4 #i4 ,disclosure of other information and additional study 7a7 ,materials under the seal of the court 7#a7 ,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 court4 7#b7 ,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 jury4 7#c7 ,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 #f of the ,federal ,rules of ,criminal ,procedure4 7#d7 ,the ,attorney ,general shall comply with any request made subject to provisions of the section within #de days4 7b7 ,cooperation with agencies ,it is the sense of ,congress that-- 7#a7 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 jury2 and 7#b7 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 interest4 #aj4 ,rules of construction 7a7 ,precedence over other law ,when this ,act requires transmission of a record to the ,archivist or public disclosure1 it shall take precedence over any other law 7except section #fajc of the ,internal ,revenue ,code71 judicial decisions construing such law1 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 ,government4 7b7 ,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 #eeb of title #e1 ,united ,states ,code4 7c7 ,judicial review ,nothing in this ,act shall be construed to preclude judicial review1 under chapter #g of title #e1 ,united ,states ,code1 of final sections taken or required to be taken under this ,act4 7d7 ,existing authority ,nothing in this ,act revokes or limits the existing authority of the ,president1 any executive agency1 the ,senate1 the ,house of ,representatives1 or any other entity of the ,government to publicly disclose records in its possession4 7e7 ,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 ,representatives1 such provision is adopted-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #aa4 ,termination of effect of ,act 7a7 ,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 #f7n74 7b7 ,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 ,act4 #ab4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as are necessary to carry out this ,act1 to remain available until expended4 7b7 ,interim provisions ,until such time as funds are appropriated pursuant to subsection 7a71 the ,president shall use such sums as are available for discretionary use to carry out this ,act4