,,ii #aaeth ,,congress #b;d ,session ,s4 #caia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjah,mr4 ,jones 7for himself1 ,mrs4 ,mc,caskill1 and ,ms4 ,harris7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 ,civil ,rights ,cold ,case ,records ,collection ,act of #bjah4 #b4 ,findings ,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 information7 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-- 7,a7 arising out of events which occurred during the period beginning on ,january #a1 #aidj and ending on ,december #ca1 #aigi2 and 7,b7 related to-- 7i7 section #bda of title #ah1 ,united ,states ,code 7relating to conspiracy against rights72 7ii7 section #bdb of title #ah1 ,united ,states ,code 7relating to deprivation of rights under color of law72 7iii7 section #bde of title #ah1 ,united ,states ,code 7relating to federally protected activities72 7iv7 sections #aeha and #aehd of title #ah1 ,united ,states ,code 7relating to peonage and involuntary servitude72 7v7 section #ija of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfca72 or 7vi7 any other ,federal law that was-- 7,i7 in effect on or before ,december #ca1 #aigi2 and 7,,ii7 enforced by the criminal section of the ,civil ,rights ,division of the ,department of ,justice before the date of enactment of this ,act4 7#c7 ,civil rights cold case record ,the term civil rights cold case record means a record that-- 7,a7 is related to a civil rights cold case2 and 7,b7 was created or made available for use by1 obtained by1 or otherwise came into the possession of-- 7i7 the ,library of ,congress2 7ii7 the ,national ,archives and ,records ,administration2 7iii7 any executive agency2 7iv7 any independent agency2 7v7 any other entity of the ,federal ,government2 and 7vi7 any ,state or local government1 or component thereof1 that provided support or assistance or performed work in connection with a ,federal inquiry into a civil rights cold case4 7#d7 ,collection ,the term ,collection means the ,civil ,rights ,cold ,cases ,collection established under section #d4 7#e7 ,executive agency ,the term executive agency means an agency1 as defined in subsection #eeb7;f7 of title #e1 ,united ,states ,code4 7#f7 ,government office ,the term ,government office means any office of the ,federal ,government that has possession or control of #a or more civil rights cold case records4 7#g7 ,government official ,the term ,government official means any officer or employee of the ,united ,states1 including elected and appointed officials4 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 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 ,states4 7#ab7 ,record ,the term record has the meaning given the term in section #ccja of title #dd1 ,united ,states ,code4 7#ac7 ,review board ,the term ,review ,board means the ,civil ,rights ,cold ,case ,records ,review ,board established under section #f4 #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 enactment of this ,act1 the ,archivist shall-- 7,a7 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 ,collection2 and 7,b7 commence preparing and publishing the subject guidebook and index to the ,collection2 and 7,c7 establish criteria for ,government offices to follow when transmitting copies of civil rights cold case records to the ,archivist1 to include required metadata4 7#b7 ,contents of collection ,the ,collection shall include-- 7,a7 a copy of each civil rights cold case record-- 7i7 that has not been transmitted to the ,archivist1 which shall be transmitted by the entity described in section #c7c7 in possession of the civil rights cold case record to the ,archivist in accordance with section #bajg of title #dd1 ,united ,states ,code2 or 7ii7 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 7iii7 that is required to be transmitted to the ,archivist2 or 7iv7 the disclosure of which is postponed under this ,act2 and 7,b7 all ,review ,board records1 as required under this ,act4 7b7 ,disclosure of records ,all civil rights cold case records transmitted to the ,archivist for disclosure to the public-- 7#a7 shall be included in the ,collection2 7#b7 not later than #fj days after the transmission of the record to the ,archivist1 shall be available to the public for inspection and copying at the ,national ,archives2 and 7#c7 shall be prioritized for digitization by the ,national ,archives4 7c7 ,fees for copying ,the ,archivist shall-- 7#a7 use efficient electronic means when possible2 7#b7 charge fees for copying civil rights cold case records2 and 7#c7 grant waivers of such fees pursuant to the standard established under section #eeb7;a77#d7 of title #e1 ,united ,states ,code4 7d7 ,additional requirements ,the ,archivist shall ensure the security of civil rights cold case records in the ,collection for which disclosure is postponed4 7e7 ,transmission to the national archives ,each ,government office shall1 in accordance with the criteria established by the ,archivist under subsection 7a77#a77;,c7-- 7#a7 not later than #cjj days after the date of the enactment of this ,act1 transmit to the ,archivist1 for the ,archivist to make available to the public in accordance with subsection 7b71 a copy of each civil rights cold case record that can be publicly disclosed1 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 a copy of each civil rights 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 ,periodic review of postponed civil rights cold case records 7#a7 ,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 #ca each year by the entity submitting the record and the ,archivist1 consistent with the recommendations of the ,review ,board under section #h7;c77#c77;,b74 7#b7 ,requirements of periodic review ,the periodic review under paragraph 7#a7 shall-- 7,a7 address the public disclosure of additional civil rights cold case records in the ,collection under the standards of this ,act2 and 7,b7 serve to declassify classified information1 with the presumption of providing public disclosure4 7#c7 ,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 postponement1 which shall be provided to the ,archivist and made available on a publicly accessible website upon the determination to continue the postponement4 7#d7 ,full disclosure of civil rights cold case record required 7,a7 ,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 #f7n7 shall be publicly disclosed in full and available in the ,collection not later than #be years after the date of enactment of this ,act unless-- 7i7 the head of the originating body1 an executive agency1 or other ,government office recommends in writing that continued postponement is made necessary by an identifiable harm to military defense1 law enforcement1 intelligence operations1 or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure2 7ii7 the written recommendation described in clause 7i7-- 7,i7 is provided to the ,archivist not later than #ahj days before the date that is #be years after the date of enactment of this ,act2 and 7,,ii7 includes-- 7aa7 a justification of the recommendation to postpone disclosure2 and 7bb7 a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this ,act2 and 7iii7 the ,archivist agrees with the written recommendation described in clause 7i74 7,b7 ,notification ,if the ,archivist does not agree with the recommendation described in subparagraph 7,a77#a71 the ,archivist shall notify the head of the originating body1 executive agency1 or other ,government office making the recommendation not later than #ij days before the date that is #be years after the date of enactment of this ,act4 7g7 ,digitization of records ,each executive agency shall make text searchable documents available to the ,review ,board pursuant to standards established under 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 civil rights cold case record to the public may be postponed subject to the limitations of this ,act if there is clear and convincing evidence of any of the following3 7#a7 ,the threat to the military defense1 law enforcement1 intelligence operations1 or the conduct of domestic affairs of the ,united ,states posed by the public disclosure of the civil rights cold case record is of such gravity that the disclosure outweighs the public interest and would reveal information described in paragraphs 7#a7 through 7#i7 of section #c4c7;b7 of ,executive ,order #acebf 7#ge ,fed4 ,reg4 #gjg2 relating to classified national security information74 7#b7 ,the public disclosure of the civil rights cold case record would reveal the name or identity of a living individual who provided confidential information to the ,united ,states and would pose a substantial risk of harm to that individual4 7#c7 ,the public disclosure of the civil rights 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 civil rights 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 #f4 ,establishment and powers of the civil rights cold case records review board 7a7 ,establishment ,there is established1 as an independent agency1 a board to be known as the ,civil ,rights ,cold ,case ,records ,review ,board4 7b7 ,appointment 7#a7 ,in general ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #e individuals to serve as members of the ,review ,board to ensure and facilitate the review1 transmission to the ,archivist1 and public disclosure of civil rights cold case records4 7#b7 ,initial appointment 7,a7 ,in general ,initial appointments to the ,review ,board shall1 so far as practicable1 be made not later than #fj days after the enactment of this ,act4 7,b7 ,recommendations ,in making appointments to the ,review ,board1 the ,president shall consider any individuals recommended by the ,american ,historical ,association1 the ,organization of ,american ,historians1 the ,society of ,american ,archivists1 and the ,american ,bar ,association4 7,c7 ,extension ,if an organization described in subparagraph 7,b7 does not recommend at least #b nominees meeting the qualifications stated in paragraph 7#c7 within #fj days after the date of enactment of this ,act1 the deadline under subparagraph 7,a7 shall be extended until the earlier of #fj days after the date on which such recommendations are made or #abj days after the date of enactment of this ,act4 7,d7 ,additional recommendations ,the ,president may request that any organization described in subparagraph 7,b7 submit additional recommended nominees4 7#c7 ,qualifications ,individuals nominated to the ,review ,board shall-- 7,a7 not 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 case2 7,b7 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 review1 transmission to the public1 and public disclosure of files related to civil rights 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 #a professional historian and #a attorney4 7c7 ,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 clearances4 7d7 ,vacancy ,a vacancy on the ,review ,board shall be filled in the same manner as the original appointment within #fj days of the occurrence of the vacancy4 7e7 ,chairperson ,the members of the ,review ,board shall elect #a of the members as chairperson4 7f7 ,removal of review board member 7#a7 ,in general ,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 ,report 7,a7 ,in general ,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 removal1 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 ,publication ,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 ,judicial review 7,a7 ,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 ,columbia4 7,b7 ,relief ,the member may be reinstated or granted other appropriate relief by order of the court4 7g7 ,compensation of members 7#a7 ,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 #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 ,travel expenses ,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 ,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 records4 7#b7 ,decisions ,in carrying out paragraph 7#a71 the ,review ,board shall consider and render decisions-- 7,a7 whether a record constitutes a civil rights cold case record2 and 7,b7 whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this ,act4 7i7 ,powers 7#a7 ,in general ,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 civil rights 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 civil rights cold case records2 and 7,f7 hold hearings1 administer oaths1 and subpoena witnesses and documents4 7#b7 ,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 ,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 7#a7 ,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 ,board1 and shall have access to any records held or created by the ,review ,board4 7#b7 ,cooperation of ,review ,board ,the ,review ,board shall have a duty to cooperate with the exercised of the oversight jurisdiction described in paragraph 7#a74 7l7 ,support services ,the ,administrator of ,general ,services 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 ,in general ,the ,review ,board shall terminate not later than #c 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 the ,review ,board has not completed its work within that #c-year period4 7#b7 ,reports ,before 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 ,transfer of records 7,a7 ,in general ,upon termination1 the ,review ,board shall transfer all of its records to the ,archivist for inclusion in the ,collection4 7,b7 ,preservation of records ,the records of the ,review ,board shall not be destroyed1 except that the ,archivist may destroy routine administrative records covered by a general records schedule following notification in the ,federal ,register and after considering comments4 #g4 ,review ,board personnel 7a7 ,chief of staff 7#a7 ,appointment ,not later than #de days after the initial meeting of the ,review ,board1 and without regard to political affiliation1 the ,review ,board shall appoint an individual to the position of ,chief of ,staff of the ,review ,board4 7#b7 ,requirements ,the individual appointed as ,chief of ,staff-- 7,a7 shall be a citizen of the ,united ,states of integrity and impartiality who is a distinguished professional2 and 7,b7 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 appointed 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 except upon a majority vote of the ,review ,board to remove the ,chief of ,staff 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 employees 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 laws and regulations for appointments in the competitive service under subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 appoint and terminate additional employees as are necessary to enable the ,review ,board and its ,chief of ,staff to perform its duties4 7#b7 ,requirements ,an individual appointed as an employee of the ,review ,board-- 7,a7 shall be a private citizen of integrity and impartiality2 and 7,b7 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 appointed by the ,review ,board4 7c7 ,compensation ,the ,review ,board shall fix the compensation of the ,chief of ,staff and other employees in accordance with title #e1 ,united ,states ,code1 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 #ecaf of that title4 7d7 ,advisory committees ,the ,review ,board may create advisory committees to assist in fulfilling the responsibilities of the ,review ,board under this ,act4 #h4 ,review of records by the ,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 a civil rights 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 on which all members of the ,review ,board are appointed1 publish a schedule for review of all civil rights 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 civil rights cold case records under this ,act4 7c7 ,determination of the review board 7#a7 ,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-- 7,a7 a ,government record is not a civil rights cold case record2 or 7,b7 a ,government record or particular information within a civil rights cold case record qualifies for postponement of public disclosure under this ,act4 7#b7 ,postponement ,in approving postponement of public disclosure of a civil rights 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 civil rights cold case record4 7ii7 ,a substitute record for that information which is postponed4 7iii7 ,a summary of a civil rights cold case record4 7#c7 ,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 #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 civil rights 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 ,notice ,not later than #ad 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 ,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 ,register4 7#e7 ,other notice ,contemporaneous notice shall be made to the ,president of ,review ,board determinations regarding executive branch civil rights 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 under 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 civil rights cold case record or information contained in a civil rights 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 agency as required under this ,act1 stating the justification for the ,president's decision1 including the applicable grounds for postponement under section #e4 7#b7 ,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 #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 the public disclosure of civil rights cold case records4 7e7 ,notice to the public ,on each day that is on or after the date that is #fj days after the ,review ,board first approves the postponement of disclosure of a civil rights cold case record1 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 ,president1 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 ,in general ,the ,review ,board shall report its activities to the ,speaker of the ,house of ,representatives1 the ,minority ,leader of the ,house of ,representatives1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 the ,majority ,leader of the ,senate1 the ,minority ,leader of the ,senate1 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 ,deadlines ,not later than #a year after the date of enactment of this ,act1 and every year thereafter until termination of the ,review ,board1 the ,review ,board shall issue a report under paragraph 7#a74 7#c7 ,contents ,each 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 employees4 7,b7 ,the progress made on review1 transmission to the ,archivist1 and public disclosure of civil rights cold case records4 7,c7 ,the estimated time and volume of civil rights 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 subsection 7c77#c7 made since the date of the preceding report under this subsection4 7#d7 ,notice of termination ,not later than #ij days before terminating1 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 ,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 court4 7#b7 ,grand jury materials 7,a7 ,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 jury4 7,b7 ,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 #f of the ,federal ,rules of ,criminal ,procedure4 7#c7 ,deadline ,the ,attorney ,general shall comply with any request that is subject to this subsection within #de days4 7b7 ,cooperation with agencies ,it is the sense of ,congress that-- 7#a7 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 jury2 and 7#b7 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 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 ,code of #aihf71 judicial decisions construing such law1 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 ,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 under 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 actions 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 #aa4 ,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