[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2554 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2554
To provide for the expeditious disclosure of records relevant to the
life and assassination of Reverend Doctor Martin Luther King, Jr.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2005
Ms. McKinney introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To provide for the expeditious disclosure of records relevant to the
life and assassination of Reverend Doctor Martin Luther King, Jr.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Martin Luther
King, Jr., Records Collection Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings, declarations, and purposes.
Sec. 3. Definitions.
Sec. 4. Reverend Dr. Martin Luther King, Jr., Records Collection at the
National Archives.
Sec. 5. Review, identification, transmission to the National Archives,
and public disclosure of related records by
Government offices.
Sec. 6. Postponement of public disclosure of records.
Sec. 7. Establishment and powers of the Records Review Board.
Sec. 8. Records Review Board personnel.
Sec. 9. Review of records by the Records Review Board.
Sec. 10. Disclosure of materials under seal of court.
Sec. 11. Private right of action.
Sec. 12. Rules of construction.
Sec. 13. Termination of effect of Act.
Sec. 14. Authorization of appropriations.
Sec. 15. Records pending.
Sec. 16. Whistleblower protection.
Sec. 17. Severability.
SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--The Congress finds and declares
that--
(1) all Government records related to the life and
assassination of Reverend Dr. Martin Luther King, Jr., should
be preserved for historical and governmental purposes;
(2) all Government records concerning the life and
assassination of Reverend Dr. Martin Luther King, Jr., should
carry a presumption of immediate disclosure, and all records
should be eventually disclosed to enable the public to become
fully informed about the history surrounding his life and
assassination;
(3) legislation is necessary to create an enforceable,
independent, and accountable process for the public disclosure
of such records;
(4) legislation is necessary because congressional records
related to the life and assassination of Reverend Dr. Martin
Luther King, Jr., would not otherwise be subject to public
disclosure until at least the year 2028;
(5) legislation is necessary because the Freedom of
Information Act, as implemented by the executive branch, has
prevented the timely public disclosure of records relating to
the life and assassination of Reverend Dr. Martin Luther King,
Jr.;
(6) legislation is necessary because Executive Order No.
12356, entitled ``National Security Information'', has
eliminated the declassification and downgrading schedules
relating to classified information across government and has
prevented the timely public disclosure of records relating to
the life and assassination of Reverend Dr. Martin Luther King,
Jr.;
(7) legislation is necessary because records relating to
the life and assassination of Reverend Dr. Martin Luther King,
Jr., that were previously declassified and released to the
public are being reevaluated for reclassification; and
(8) most of the records related to the life and
assassination of Reverend Dr. Martin Luther King, Jr., are
almost 35 years old, and only in the rarest cases is there any
legitimate need for continued protection of such records.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the creation of the Reverend Dr. Martin
Luther King, Jr., Records Collection at the National Archives;
and
(2) to require the expeditious public transmission to the
Archivist and public disclosure (including by electronic means)
of such records.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Archivist'' means the Archivist of the
United States.
(2) The term ``related record'' includes all records,
public and private, regardless of how labeled or identified,
that document, describe, report on, analyze or interpret
activities, persons, or events reasonably related to the life
and assassination of Dr. Martin Luther King, Jr., and
investigations of or inquiries into his life or death,
including a record--
(A) that was created or made available for use by,
obtained by, or otherwise came into the possession of--
(i) the Commission on Central Intelligence
Agency Activities Within the United States (the
``Rockefeller Commission'');
(ii) the Senate Select Committee to Study
Governmental Operations with Respect to
Intelligence Activities (the ``Church
Committee'');
(iii) the Select Committee on
Assassinations (the ``House Assassinations
Committee'') of the House of Representatives;
(iv) the Select Committee on Intelligence
(the ``Pike Committee'') of the House of
Representatives;
(v) the Library of Congress;
(vi) the National Archives;
(vii) any Presidential library;
(viii) any Executive agency;
(ix) any independent agency;
(x) any Government office;
(xi) any State or local law enforcement
office that provided support or assistance or
performed work in connection with a Federal
inquiry into the life and assassination of
Reverend Dr. Martin Luther King, Jr.; or
(xii) any donated deed or gift; or
(B) that is any of the following:
(i) A record created in the course of a
Federal, State, or local governmental
investigation that is no longer in possession
of the Federal, State, or local government.
(ii) A record located at, or under the
control of--
(I) record repositories and
archives of a Federal, State, or local
government;
(II) record repositories and
archives of a university, library,
historical society, or similar
organization;
(III) an individual who possesses
the record by virtue of service with a
Government office;
(IV) a person, including an
individual or corporation, who obtained
such record from Government sources or
individuals identified in this Act; or
(V) a person, including an
individual or corporation, who created
or has obtained such record from
sources other than those identified in
this clause.
(iii) A record of a Federal or State
criminal or civil court, including a record
under seal released in accordance with section
10.
(iv) A record generated by a foreign
government.
(v) A record in possession of a contractor
of the Federal Government.
(vi) All records collected by or segregated
by all Federal, State, and local government
agencies in conjunction with any investigation
or analysis of or inquiry into the life and
assassination of Dr. Martin Luther King, Jr.,
including any intra-agency investigation or
analysis, any interagency communications, any
request by the Select Committee on
Assassinations of the House of Representatives
to collect documents and other materials, or
any intra-agency collection or segregation of
documents and other materials regarding the
life and assassination of Dr. Martin Luther
King, Jr.
(vii) All documents used by Government
offices and agencies during their
declassification review of related records as
well as all other documents, indices, and other
material, including but not limited to those
that disclose cryptonyms, code names, or other
identifiers that appear in related records that
would reasonably constitute a related record or
would assist in the identification, evaluation,
or interpretation of a related record,
including--
(I) with respect to records that
are identified with respect to a
particular person, all records relating
to that person that use or reflect the
true name or any other name, pseudonym,
codeword, symbol, number, cryptonym, or
alias used to identify that person;
(II) with respect to records that
are identified with respect to a
particular operation or program, all
records pertaining to that program by
any other name, pseudonym, codeword,
symbol, number, or cryptonym; and
(III) any other record that does
not fall within the scope of a related
record as described in the Act, but
which has the potential to enhance,
enrich, and broaden the historical
record of the life and death of Dr.
Martin Luther King, Jr.
(3) The term ``Collection'' means the Reverend Dr. Martin
Luther King, Jr., Records Collection established under section
4.
(4) The term ``Executive agency'' means an Executive agency
as defined in subsection 552(f) of title 5, United States Code,
and includes any Executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Government,
including the Executive Office of the President, or any
independent regulatory agency.
(5) The term ``Government office'' includes--
(A) all current, past, and former departments,
agencies, offices, divisions, foreign offices, bureaus,
and deliberative bodies of any Federal, State, or local
government and includes all inter- or intra-agency
working groups, committees, and meetings that possess
or created records relating to the life and
assassination of Dr. Martin Luther King, Jr.; and
(B) any office of the Federal Government that has
possession or control of related records, including--
(i) the House Committee on Administration
with regard to the Select Committee on
Assassinations of the records of the House of
Representatives;
(ii) the Select Committee on Intelligence
of the Senate with regard to records of the
Senate Select Committee to Study Governmental
Operations with Respect to Intelligence
Activities and other related records;
(iii) the Library of Congress;
(iv) the National Archives as custodian of
related records that it has obtained or
possesses, including the Commission on Central
Intelligence Agency Activities in the United
States; and
(v) any other executive branch office or
agency, and any independent agency.
(6) The term ``identification aid'' means the written
description prepared by the Archivist for each record as
required by section 4.
(7) The term ``National Archives'' means the National
Archives and all components thereof, including Presidential
archival depositories established under section 2112 of title
44, United States Code.
(8) The term ``official investigation'' means the reviews
of the activities or assassination of Reverend Dr. Martin
Luther King, Jr., conducted by any Presidential commission, any
authorized congressional committee, and any Government agency
either independently, at the request of any Presidential
commission or congressional committee, or at the request of any
Government official.
(9) 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.
(10) The term ``public interest'' means the compelling
interest in the prompt public disclosure of related records for
historical and governmental purposes and for the purpose of
fully informing the American people about the history
surrounding the life and assassination of Reverend Dr. Martin
Luther King, Jr.
(11) The term ``record'' includes a book, paper, map,
photograph, sound or video recording, machine readable
material, computerized, digitized, or electronic information,
regardless of the medium on which it is stored, or other
documentary material or physical evidence or artifact
regardless of its physical form or characteristics.
(12) The term ``Review Board'' means the Records Review
Board established by section 7.
(13) The term ``third agency'' means a Government agency
that originated a related record that is in the possession of
another agency.
SEC. 4. REVEREND DR. MARTIN LUTHER KING, JR., RECORDS COLLECTION AT THE
NATIONAL ARCHIVES.
(a) In General.--(1) Not later than 60 days after the date of
enactment of this Act, the National Archives shall commence
establishment of a collection of records to be known as the ``Reverend
Dr. Martin Luther King, Jr., Records Collection.'' In so doing, the
Archivist shall ensure the physical integrity and original provenance
of all records. The Collection shall consist of originals or record
copies of all Government records relating to the life and assassination
of Reverend Dr. Martin Luther King, Jr., which shall be transmitted to
the National Archives in accordance with section 2107 of title 44,
United States Code. The Archivist shall prepare and publish a subject
guidebook and index to the collection, including the central directory
described in paragraph (2)(B), which shall be available to the public
and searchable electronically.
(2) The Collection shall include--
(A) all related records--
(i) that have been transmitted to the National
Archives or disclosed to the public in an unredacted
form prior to the date of enactment of this Act, or
were so transmitted or disclosed and reclassified prior
to such date of enactment;
(ii) that are required to be transmitted to the
National Archives;
(iii) the disclosure of which is postponed under
this Act; or
(iv) that meets the definition of a related record
discovered after termination of the existence of the
Records Review Board;
(B) a central directory comprised of identification aids
created for each record transmitted to the Archivist under
section 5; and
(C) all Review Board records as required by this Act.
(b) Use of Secondary Location for Portion of Collection.--
(1) In general.--The Archivist shall enter into an
agreement with an entity outside the National Archives for the
establishment of a secondary location for copies of such
portion of the Collection as the Archivist considers
appropriate.
(2) Process for entering into agreement.--The Archivist
shall enter into an agreement under this subsection through the
solicitation of proposals from public and private institutions
of higher education, research institutions, museums, and other
archival institutions.
(3) Criteria for selection.--In selecting from the
proposals submitted under paragraph (2), the Archivist shall
give preference to an entity--
(A) with a proven record of archival collecting;
(B) which will provide a maximum level of public
access to copies of the portion of the Collection
involved; and
(C) which will encourage continuing study and
education regarding the life and assassination of Dr.
Reverend Martin Luther King, Jr.
(4) Treatment of collection at secondary location.--The
copies of the portion of the Collection maintained at the
secondary location pursuant to this subsection, and the entity
responsible for maintaining such copies of the collection under
the agreement under this subsection, shall be subject to the
same terms, conditions, and requirements as apply under this
Act to the portion of the Collection maintained at the National
Archives and the Archivist.
(c) Availability of Collection at Archives and Electronically.--
Each item in the Collection (as described in subsection (a)(2)), other
than an artifact or a record the disclosure of which is postponed under
this Act, shall be available to the public for inspection and copying
at the National Archives and through an electronic format within 30
days after its transmission to the National Archives.
(d) Fees for Copying.--The Archivist shall--
(1) charge fees for copying such records; and
(2) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(e) Additional Requirements.--(1) The Collection shall be
preserved, protected, archived, and made available to the public at the
National Archives.
(2) Whenever artifacts are included in the Collection, it shall be
sufficient to comply with this Act if the public is provided with
access to photographs, drawings, or similar materials depicting the
artifacts. Additional display, examination, or testing by the public of
artifacts in the Collection shall occur if there is a reasonable claim
that such examination or testing will reveal aspects of the artifact
that cannot be determined from such photographs or depictions, and
shall occur under the terms and conditions established by the National
Archives to ensure their preservation and protection for prosperity.
(3) The National Archives, in consultation with its Information
Security Oversight Office, shall ensure the security of the records in
the Collection that qualify for postponement of public disclosure
pursuant to section 6.
(f) Oversight.--The Committee on 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 Collection and shall conduct biannual hearings, up to
and including the final Archivist determination.
SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES,
AND PUBLIC DISCLOSURE OF RELATED RECORDS BY GOVERNMENT
OFFICES.
(a) In General.--
(1) Preparation for review.--As soon as practicable after
the date of enactment of this Act, each Government office shall
identify and organize its records relating to the life and
assassination of Reverend Dr. Martin Luther King, Jr., and
prepare them for transmission to the Archivist for inclusion in
the Collection.
(2) Determination of use of originals or copies.--
(A) For purposes of determining whether originals
or copies of related records are to be made part of the
Collection established under this Act, the following
shall apply:
(i) In the case of papers, maps, and other
documentary materials, the Review Board may
determine that record copies of Government
records, either the signed original, original
production, or a reproduction that has been
treated as the official record maintained to
chronicle government functions or activities
may be placed in the Collection.
(ii) In the case of other papers, maps, and
other documentary material, the Review Board
may determine that a true and accurate copy of
a record in lieu of the original may be placed
in the Collection.
(iii) In the case of photographs, the
original negative, whenever available
(otherwise the nearest generation print that is
a true and accurate copy), may be placed in the
Collection.
(iv) In the case of motion pictures, the
camera original, whenever available (otherwise
the earliest generation print that is a true
and accurate copy) may be placed in the
Collection.
(v) In the case of sound and video
recordings, the original recording, whenever
available (otherwise the earliest generation
copy that is a true and accurate copy) may be
placed in the Collection.
(vi) In the case of machine-readable
information, a true and accurate copy of the
original (duplicating all information contained
in the original and in a format that permits
retrieval of the information) may be placed in
the Collection.
(vii) In the case of artifacts, the
original objects themselves shall be placed in
the Collection.
(B) To the extent records from foreign governments
are included in the Collection, copies of the original
records shall be sufficient for inclusion in the
Collection.
(C) In cases where a copy, as defined in
subparagraph (D), is authorized by the Review Board to
be included in the Collection, the Review Board may
require that a copy be certified if, in its discretion,
it determines a certification to be necessary to ensure
the integrity of the Collection. In cases where an
original, as defined in subparagraph (A), is required
for inclusion in the Collection, the Review Board may,
at its discretion, accept the best available copy. In
such cases that records included in the Collection,
whether originals or copies, contain illegible
portions, such records shall have attached thereto a
certified transcription of the illegible language to
the extent practicable.
(D) For purposes of implementing this Act, the term
``copy'' means true and accurate photocopy duplication
by a means appropriate to the medium of the original
record that preserves and displays the integrity of the
record and the information contained in it.
(E) Nothing in this paragraph shall be interpreted
to suggest that additional copies of any related
records contained in the Collection are not also
related records that, at the Review Board's discretion,
may also be placed in the Collection.
(F) Nothing in this paragraph shall be interpreted
to prevent or to preclude copies of any electronic
related records from being reformatted electronically
in order to conform to different hardware or software
requirements of audiovisual or machine readable formats
if such is the professional judgment of the National
Archives.
(3) Related records.--In carrying out this section, a
Government office may not destroy, alter, or mutilate in any
way a related record.
(4) Prior disclosure.--
(A) Except as provided in subparagraph (B), in
carrying out this section, a Government office may not
withhold, redact, postpone for public disclosure, or
reclassify a related record that was made available or
disclosed to the public prior to the date of enactment
of this Act.
(B) For purposes of subparagraph (A), a Government
office may withhold names or identifies, consistent
with the requirements of section 6, in a related record
created by a person or entity outside government.
(b) Custody of Related Records Pending Review.--During the review
by a Government office and pending review activity by the Review Board,
the Government office shall retain custody of its related records for
purposes of preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of
records for purposes of conducting an independent and impartial
review;
(2) transfer is necessary for an administrative hearing or
other Review Board function;
(3) it is a third agency record described in subsection
(c)(2)(C); or
(4) any other records are transferred to the Archives for
public disclosure.
(c) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, each Government office shall review each
related record in its custody or possession in accordance with
paragraph (2).
(2) Related records.--In carrying out paragraph (1), a
Government office shall--
(A) determine which of its records are related
records;
(B) determine which of its related records have
been officially disclosed or publicly available in a
complete and unredacted form;
(C)(i) determine which of its related records, or
particular information contained in such a record, was
created by a third agency or by another Government
office; and
(ii) transmit to a third agency or other Government
office those records, or particular information
contained in those records, or complete and accurate
copies thereof;
(D)(i) determine whether its related records or
particular information in related records are covered
by the standards for postponement of public disclosure
under this Act; and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision
contained in section 6;
(E) organize and make available to the Review Board
all related records identified under subparagraph (D)
the public disclosure of which in whole or in part may
be postponed under this Act;
(F) organize and make available to the Review Board
any record concerning which the office has any
uncertainty as to whether the record is a related
record governed by this Act;
(G) give priority to--
(i) the identification, review, and
transmission of all related records publicly
available or disclosed as of the date of
enactment of this Act in a redacted or edited
form; and
(ii) the identification, review, and
transmission, under the standards for
postponement set forth in this Act, of related
records that on the date of enactment of this
Act are the subject of litigation under section
552 of title 5, United States Code; and
(H) make available to the Review Board any
additional information and records that the Review
Board has reason to believe it requires for conducting
a review under this Act, including the following:
(i) All training manuals, instructional
materials and guidelines created or used by the
Government office in furtherance of its review
of related records.
(ii) All records, lists, and documents
describing the procedure by which the office
identified or selected related records for
review.
(iii) Organizational charts of the office.
(iv) Records necessary and sufficient to
describe the office's--
(I) records policies and schedules;
(II) filing systems and
organization;
(III) storage facilities and
locations;
(IV) indexing symbols, marks,
codes, instructions, guidelines,
methods, and procedures; and
(V) search methods and procedures
used in the performance of the duties
of the office under this Act.
(v) Reclassification to a higher level,
transfer, destruction, or other information
(e.g., theft) regarding the status of related
records.
(3) Archival depositories.--The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review for
public disclosure of related records in the possession and
custody of the depository, and shall make such records
available to the Review Board as required by this Act.
(d) Identification Aids.--
(1) In general.--
(A) Standard form.--Not later than 45 days after
the date of enactment of this Act, the Archivist, in
consultation with the appropriate Government offices,
shall prepare and make available to all Government
offices a standard form of identification or finding
aid for use with each related record subject to review
under this Act.
(B) Uniform system.--The Archivist shall ensure
that the identification aid program is established in
such a manner as to result in the creation of a uniform
system of electronic records by Government offices that
are compatible with each other and which shall be made
publicly available and searchable electronically.
(2) Printed copies.--Upon completion of an identification
aid by the Archivist, a Government office shall--
(A) attach a printed copy to the record it
describes;
(B) transmit to the Review Board a printed copy;
and
(C) attach a printed copy to each related record it
describes when it is transmitted to the Archivist.
(3) Publicly available records.--Related records which are
in the possession of the National Archives on the date of
enactment of this Act, and which have been publicly available
in their entirety without redaction, shall be made available in
the Collection without any additional review by the Review
Board or another authorized office under this Act.
(e) Transmission to the National Archives.--Each Government office
shall--
(1) transmit to the Archivist, and make immediately
available to the public, all related records that can be
publicly disclosed, including those that are publicly available
on the date of enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this Act; and
(2) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this Act, all related records the public
disclosure of which has been postponed, in whole or in part,
under the standards of this Act, to become part of the
protected Collection.
(f) Record Availability.--Executive branch agencies shall--
(1) charge fees for copying related records;
(2) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code;
(3) permit, when not deemed a risk by the Board, the use of
personal copying devices, including, but not limited to
portable scanners, digital cameras, and the like; and
(4) make available to the public electronic versions of
related records, identification aids, and indexes.
SEC. 6. POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) Grounds for Postponement.--Disclosure of related records or
particular information in related records to the public may be
postponed subject to the limitations of this Act if there is clear and
convincing evidence that--
(1) the threat, as of the time the postponement decision is
made, to the military defense, intelligence operations, or
conduct of foreign relations of the United States posed by the
public disclosure of the related record is of such gravity that
it outweighs the public interest, and such public disclosure
would reveal--
(A) a living intelligence agent whose identity
currently requires protection;
(B) an intelligence source or method which is
currently utilized, or reasonably expected to be
utilized, by the United States Government and which has
not been officially disclosed, the disclosure of which
would interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the United States;
(2) the public disclosure of the related record would
reveal the name or identity of a living person who provided
confidential information to the United States and would pose a
substantial risk of harm to that person;
(3) the public disclosure of the related record could
reasonably be expected to constitute an unwarranted invasion of
a living person's personal privacy, and that invasion of
privacy is so substantial that it outweighs the public
interest; or
(4) the public disclosure of the related record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
living cooperating individual or a foreign government, and
public disclosure would be so harmful that it outweighs the
public interest.
(b) Custody of Postponed Related Records.--A related record the
public disclosure of which has been postponed shall, pending
transmission to the Archivist, be held for reasons of security and
preservation by the originating body until such time as the information
security program has been established at the National Archives as
required by section 4(e)(2).
(c) Annual Review of Postponed Related Records.--(1) All postponed
or redacted records shall be reviewed annually by the originating
agency and the Archivist consistent with the recommendations of the
Review Board under section 9(c)(3)(B).
(2) An annual review shall address the public disclosure of
additional related records in the Collection. Any related records
discovered since the preceding annual review in possession of any
Federal, State, or local agency, Government office, organization, or
person shall be added to the Collection, and the annual review also
shall address the public disclosure of such records under the standard
of this Act.
(3) All postponed related records determined to require continued
postponement shall require an unclassified written description of the
record and the reason for such continued postponement. Such description
shall be provided to the Archivist and published in the Federal
Register upon determination.
(4) The annual review of postponed related records shall serve to
downgrade and declassify security classified information and implement
the presumption of release required by section 15.
(d) Requirement to Disclose Postponed Records.--Each related record
shall be publicly disclosed in full, and available in the Collection no
later than 1 year after the termination of the Review Board or the date
that is 8 years after the date of enactment of this Act, whichever is
earlier, unless the President certifies, as required by this Act, that
continued postponement is made necessary by--
(1) a current and identifiable harm to the military
defense, intelligence operations, law enforcement, or conduct
of foreign relations; and
(2) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
SEC. 7. ESTABLISHMENT AND POWERS OF THE RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent agency a
board to be known as the ``Martin Luther King Records Review Board''.
(b) Appointment.--
(1) Five members.--The President, by and with the advice
and consent of the Senate, shall appoint, without regard to
political affiliation, 5 citizens to serve as members of the
Review Board to ensure and facilitate the review, transmission
to the Archivist, and public disclosure of Government records
related to the life and assassination of Reverend Dr. Martin
Luther King, Jr.
(2) Three alternate members.--The President shall appoint,
without regard to political affiliation, 3 citizens to serve as
alternate members of the Review Board in the case of a vacancy.
The appointments shall be made at the same time members under
paragraph (1) are nominated.
(3) Nominations.--The President shall make nominations to
the Review Board not later than 90 calendar days after the date
of enactment of this Act.
(4) Additional nominations.--If the Senate votes not to
confirm a nomination to the Review Board, the President shall
make an additional nomination not later than 30 days
thereafter.
(5) Recommendations.--(A) The President shall make
nominations to the Review Board after considering persons
recommended by the Society of American Archivists, the National
Bar Association, the Black Caucus of the American Library
Association, Inc., and the National Conference of Black
Political Scientists.
(B) If an organization described in subparagraph (A) does
not recommend at least 2 nominees meeting the qualifications
stated in paragraph (6) by the date that is 45 days after the
date of enactment of this Act, the President shall consider for
nomination the persons recommended by the other organizations
described in subparagraph (A).
(C) The President may request an organization described in
subparagraph (A) to submit additional nominations.
(6) Nominations.--Persons nominated to the Review Board--
(A) shall be impartial private citizens, none of
whom is presently employed by any branch of the
Government, none of whom shall have had any previous
involvement with any official investigation or inquiry
into the life or death of Dr. Martin Luther King, Jr.,
conducted by a Federal, State, or local government, and
none of whom shall have been previously employed by any
Federal intelligence or law enforcement agency,
relating to the life or assassination of Reverend Dr.
Martin Luther King, Jr.;
(B) shall be distinguished persons of high national
professional reputation in their respective fields who
are capable of exercising the independent and objective
judgment necessary to the fulfillment of their role in
ensuring and facilitating the review, transmission to
the public, and public disclosure of records related to
the life and assassination of Dr. Reverend Martin
Luther King, Jr., and who possess an appreciation of
the value of such material to the public, scholars, and
government; and
(C) shall include at least 1 professional
historian, 1 attorney, 1 researcher, and 1
representative of the civil rights community.
(c) Security Clearances.--(1) All Review Board nominees shall be
granted the necessary security clearances in an accelerated manner,
commensurate with that of other executive nominations, subject to the
standard procedures for granting such clearances.
(2) All nominees shall qualify for the necessary security clearance
prior to being considered for confirmation by the Committee on Homeland
Security and Governmental Affairs of the Senate.
(d) Confirmation Hearings.--(1) The Committee on Homeland Security
and Governmental Affairs of the Senate shall hold confirmation hearings
within 30 days in which the Senate is in session after the nomination
of 3 Review Board members.
(2) The Committee on Homeland Security and Governmental Affairs
shall vote on the nominations within 14 days in which the Senate is in
session after the confirmation hearings, and shall report its results
to the full Senate immediately.
(3) The Senate shall vote on each nominee to confirm or reject
within 14 days in which the Senate is in session after reported by the
Committee on Homeland Security and Governmental Affairs.
(e) Vacancy.--A vacancy on the Review Board shall be filled in the
same manner as specified for original appointment within 30 days of the
occurrence of the vacancy. Nominations for a vacancy shall be made from
among the alternate members appointed under subsection (b)(2).
(f) Chairperson.--The Members of the Review Board shall elect one
of its members as chairperson at its initial meeting.
(g) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be
removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for
inefficiency, neglect of duty, malfeasance in office,
physical disability, mental incapacity, failure to meet
or falsification of any qualifications under subsection
(b)(6), or any other condition that substantially
impairs the performance of the member's duties.
(2) Report.--
(A) Facts and grounds.--If a member of the Review
Board is removed from office, and that removal is by
the President, not later than 10 days after the removal
the President shall submit to the Committee on
Government Reform of the House of Representatives and
the Committee on 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) Civil action.--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) Reinstatement.--The member may be reinstated or
granted other appropriate relief by order of the court.
(h) Compensation of Members.--(1) A member of the Review Board
shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
performance of the duties of the Review Board.
(2) A member of the Review Board shall be allowed reasonable travel
expenses, including per diem in lieu of subsistence, at rates for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from the member's home or regular place
of business in the performance of services for the Review Board.
(i) Duties of the Review Board.--The Review Board shall carry out
sections 9 and 10 of this Act and any other duties of the Board as
specified in this Act.
(j) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this Act including
authority to--
(A) direct Government offices to complete
identification aids and organize related records;
(B) direct Government offices to transmit to the
Archivist related records as required under this Act,
including segregable portions of related records, and
substitutes and summaries of related records that can
be publicly disclosed to the fullest extent;
(C)(i) obtain access to related records that have
been identified and organized by a Government office;
(ii) 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; and
(iii) request the Attorney General to subpoena
private persons and State and Federal employees to
compel testimony, records, and other information
relevant to its responsibilities under this Act;
(D) require any Government office to account in
writing for the previous destruction of any records
relating to the life or assassination of Reverend Dr.
Martin Luther King, Jr.;
(E) receive information from the public regarding
the identification and public disclosure of related
records;
(F) hold hearings, administer oaths, and subpoena
witnesses and documents;
(G) use the Federal Supply Service in the same
manner and under the same conditions as other
departments and agencies of the United States;
(H) use the United States mails in the same manner
and under the same conditions as other departments and
agencies of the United States; and
(I) appoint within 30 days after the appointment of
the Review Board an independent citizen advisory
committee, subject to the Federal Advisory Committee
Act (5 U.S.C. App.), that includes members of the civil
rights community and the King family.
(2) Enforcement.--A subpoena issued under paragraph
(1)(C)(iii) may be enforced by any appropriate Federal court
acting pursuant to a lawful request of the Review Board.
(k) Witness Immunity.--The Review Board shall be considered to be
an agency of the United States for purposes of section 6001 of title
18, United States Code.
(l) Oversight.--(1) The Committee on Government Reform of the House
of Representatives and the 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 or newly discovered records after
termination of the Review Board, shall conduct periodic hearings on the
conduct of the board not less than every 2 years for a period ending 2
years after termination of the Review Board or 1 year after the
certification of the Archivist under section 13(b), and shall have
access to any records held or created by the Review Board.
(2) The Review Board, all Federal Government agencies, and the
National Archives shall have the duty to cooperate with the exercise of
such oversight jurisdiction.
(m) Support Services.--The Administrator of the General Services
Administration shall provide administrative services for the Review
Board on a reimbursable basis.
(n) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(o) Termination and Winding Up.--(1) The Review Board and the terms
of its members shall terminate not later than 5 years after the
enactment of this Act, except that the Review Board may, by majority
vote, extend its term for an additional 2-year period if it has not
completed its work within that 5-year period.
(2) Upon its termination, the Review Board shall submit reports to
the President and the Congress including a complete and accurate
accounting of expenditures during its existence, and shall complete all
other reporting requirements under this Act.
(3) Upon termination and winding up, the Review Board shall
transfer all of its records to the Archivist for inclusion in the
Collection, and no record of the Review Board shall be destroyed and
records created in the course of its duties will be released to the
public within 60 days of its termination.
SEC. 8. RECORDS REVIEW BOARD PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the initial
meeting of the Review Board, the Review Board shall appoint one
citizen, without regard to political affiliation, to the
position of Executive Director.
(2) Qualifications.--The person appointed as Executive
Director shall be a private citizen of integrity and
impartiality who is a distinguished professional and who is not
a present employee of any branch of the Government, has not
previously been employed by an intelligence agency, and has had
no previous involvement with any official investigation or
inquiry relating to the life or assassination of Reverend Dr.
Martin Luther King, Jr.
(3) Security clearances.--
(A) A candidate for Executive Director shall be
granted the necessary security clearances in an
accelerated manner subject to the standard procedures
for granting such clearances.
(B) A candidate shall qualify for the necessary
security clearance prior to being approved by the
Review Board.
(4) Duties.--The Executive Director 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 should be disclosed to the public or
postponed for disclosure.
(5) Removal.--The Executive Director shall not be removed
for reasons other than by a majority vote of the Review Board
for cause on the grounds of inefficiency, neglect of duty,
malfeasance in office, physical disability, mental incapacity,
failure to meet or falsification of any qualifications under
paragraph (2), or any other condition that substantially
impairs the performance of the responsibilities of the
Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service and without regard to
the provisions of chapter 51 and chapter 53 of that title
relating to classification and General Service pay rates, may
appoint and terminate additional personnel as are necessary to
enable the Review Board and its Executive Director to perform
its duties.
(2) Qualifications.--A person appointed to the staff of the
Review Board shall be a private citizen of integrity and
impartiality who is not a present employee of any branch of the
Government, has not previously been in the employ of any
intelligence agency, and who has had no previous involvement
with any official investigation or inquiry relating to the life
or assassination of Reverend Dr. Martin Luther King, Jr.
(3) Security clearances.--
(A) Acceleration.--A candidate for staff shall be
granted the necessary security clearances in an
accelerated manner subject to the standard procedures
for granting such clearances.
(B) Conditional employment.--(i) The Review Board
may offer conditional employment to a candidate for a
staff position pending the completion of security
background investigations. During the pendency of such
investigations, the Review Board shall ensure that any
such employee does not have access to, or
responsibility involving, classified or otherwise
restricted related record materials.
(ii) If a person hired on a conditional basis under
clause (i) is denied other otherwise does not qualify
for all security clearances necessary to carry out the
responsibilities of the position for which conditional
employment has been offered, the Review Board shall
immediately terminate the person's employment.
(c) Compensation.--Subject to such rules as may be adopted by the
Review Board, the chairperson, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service and without regard to the provisions of chapter 51 and chapter
53 of that title relating to classification and General Service pay
rates, may--
(1) appoint an Executive Director, who shall be paid at a
rate not to exceed the rate of basic pay for level V of the
Executive Schedule; and
(2) appoint and fix compensation of such other personnel as
may be necessary to carry out this Act.
(d) Security Clearance Required.--An individual employed in any
position by the Review Board (including an individual appointed as
Executive Director) shall be required to qualify for any necessary
security clearance prior to taking office in that position, but may be
employed conditionally in accordance with subsection (b)(3)(B) before
qualifying for that clearance.
SEC. 9. REVIEW OF RECORDS BY THE RECORDS REVIEW BOARD.
(a) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its
appointment, publish a schedule for review of all assassination
records in the Federal Register; and
(2) not later than 180 days after the date of its
appointment, begin its review of related records under this
Act.
(b) Determinations of the Review Board Relating to Public
Disclosure and Postponement.--
(1) Transmittal.--The Review Board shall direct that all
related 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 related record; or
(B) a Government record or particular information
within a related record qualifies for postponement of
public disclosure under this Act.
(2) Notice of related record designation.--
(A) In determining to designate related records,
the Review Board must determine that the record or
group of records will more likely than not enhance,
enrich, and broaden the historical record of the life
and assassination of Dr. Martin Luther King, Jr.
(B) A Notice or Related Record Designation (NRRD)
shall be the mechanism for the Review Board to announce
publicly its determination that a record or group of
records meets the definition of related records.
(3) Postponement.--
(A) The Review Board shall consider and render
decisions on a determination by a Government office to
seek to postpone the disclosure of related records. In
carrying out this subparagraph, the Review Board
shall--
(i) consider and render decisions on
whether a record constitutes a related record;
(ii) consider and render decisions on
whether a related record or particular
information in a record qualifies for
postponement of disclosure under this Act; and
(iii) in the case of a related record that
qualifies for such postponement, set specific
conditions and dates for public disclosure of
the record, related to events or specific dates
when the reasons for postponement will end.
(B) A related record shall be released in its
entirety except for portions specifically postponed
pursuant to the grounds for postponement of public
disclosure of records established in section 6(a), and
no portion of any related record shall be withheld from
public disclosure solely on grounds of nonrelevance
unless, in the Review Board's sole discretion, release
of a part of a record is sufficient to comply with the
intent and purposes of this Act.
(C) In approving postponement of public disclosure
of a related record, the Review Board shall seek to--
(i) provide for the disclosure of
segregable parts, substitutes, or summaries of
such a record; and
(ii) 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 related
record.
(II) A substitute record for that
information which is postponed.
(III) A summary of a related
record.
(4) Report.--With respect to each related record or
particular information in related records the public disclosure
of which is postponed pursuant to section 6, 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 related
records; and
(B) a statement of the specific conditions and
dates for the public disclosure of the record as set by
the Review Board under paragraph (3)(A)(iii).
(5) Notice.--
(A) In general.--Following its review and a
determination that a related 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, publish a copy of the determination in
the Federal Register within 14 days after the
determination is made, and provide that the
determination is searchable electronically.
(B) Contemporaneous notice to executive and
legislative branches.--Contemporaneous notice shall be
made to the President for Review Board determinations
regarding executive branch related records, and to the
oversight committees designated in this Act in the case
of legislative branch records. Such notice shall
contain a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards
contained in section 6.
(c) 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 related record or information within such a record, or
of any information contained in a related record, obtained or
developed solely within the executive branch, and upon a
written appeal to the President by the originating agency or
third agency within 30 days after such determination, 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 6, and the
President shall provide the Review Board with an unclassified
written certification specifying the President's decision
within 30 days after the Review Board's determination and
notice to the executive branch agency as required under this
Act, stating the justification for the President's decision,
including the applicable grounds for postponement under section
6, accompanied by a copy of the identification aid required
under section 4. If, after 30 days, the President has not
transmitted such written certification to the Review Board, the
Board may proceed according to its formal determination.
(2) Annual review.--Any executive branch related record
postponed by the President shall be subject to the requirements
of annual review, downgrading and declassification of
classified information, and public disclosure in the collection
set forth in section 6.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt, publish in the Federal Register a copy
of any unclassified written certification, statement, and other
materials transmitted by or on behalf of the President with
regard to postponement of related records and provide that such
copies are searchable electronically.
(d) Notice to Public.--Every 30 calendar days, beginning on the
date that is 60 calendar days after the date on which the Review Board
first approves the postponement of disclosure of a related record, the
Review Board shall publish in the Federal Register a notice that
summarizes the postponements approved by the Review Board or initiated
by the President, the House of Representatives, or the Senate,
including a description of the subject, originating agency, length or
other physical description, and each ground for postponement that is
relied upon, and provide that the notice is searchable electronically.
(e) Reports by the Review Board.--(1) The Review Board shall report
its activities to the leadership of the Congress, the Committee on
Government Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
President, the Archivist, and the head of any Government office whose
records have been the subject of Review Board activity.
(2) The first report shall be issued on the date that is 1 year
after the date of enactment of this Act, and subsequent reports every
12 months thereafter until termination of the Review Board.
(3) A report under paragraph (1) shall include the following
information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
personnel.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of related records.
(C) The estimated time and volume of assassination 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) Suggestions and requests to Congress for additional
legislative authority needs.
(G) An appendix containing copies of reports of postponed
records to the Archivist required under section 9(c)(3) made
since the date of the preceding report under this subsection.
(H) Any recommendations made by the citizens advisory
committee appointed by the Review Board.
(I) Any recommendations of the Review Board.
(4) At least 90 calendar days before completing its work, the
Review Board shall provide written notice to the President and Congress
of its intention to terminate its operations at a specified date.
SEC. 10. DISCLOSURE OF MATERIALS UNDER SEAL OF COURT.
(a) Requests to Attorney General.--
(1) Requests for information or evidence under seal.--The
Review Board may request the Attorney General--
(A) to petition any court in the United States or
abroad to release any information or physical evidence
relevant to the life or assassination of Reverend Dr.
Martin Luther King, Jr., that is held under seal of the
court; or
(B) to subpoena any such information or evidence if
such information or evidence is no longer in the
possession of the Government.
(2) Requests for information under injunction of secrecy of
a grand jury.--
(A) The Review Board may request the Attorney
General to petition any court in the United States to
release any information relevant to the life or
assassination of Reverend Dr. Martin Luther King, Jr.,
that is held under the injunction of secrecy of a grand
jury.
(B) A request for disclosure of life or
assassination materials under this Act shall be deemed
to constitute a showing of particularized need under
Rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the 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 seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any other foreign
government that may hold information relevant to the life and
assassination of Reverend Dr. Martin Luther King, Jr., seek the
disclosure of such information, and report on progress on these
matters to the Review Board in a timely fashion; and
(3) all Executive agencies should cooperate in full with
the Review Board to seek the disclosure of all information
relevant to the life and assassination of Reverend Dr. Martin
Luther King, Jr., consistent with the public interest.
SEC. 11. PRIVATE RIGHT OF ACTION.
(a) In General.--Any person who is aggrieved by a violation of this
Act may bring a civil action in an appropriate district court for
declaratory or injunctive relief with respect to the violation.
(b) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
SEC. 12. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this Act requires transmission
of a record to the Archivist or public disclosure, it shall take
precedence over any other law (except section 6103 of the Internal
Revenue Code), judicial decision construing such law, or common law
doctrine that would otherwise prohibit such transmission or disclosure.
(b) Freedom of Information Act.--Nothing in this Act shall be
construed to eliminate or limit any right to file requests with any
executive agency or seek judicial review of the decisions pursuant to
section 552 of title 5, United States Code, except that any related
record discovered after termination of the Review Board shall be
considered for postponement or public disclosure under the standards of
this Act, not such section 552.
(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,
or the House of Representatives, or any other entity of the Government
to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.--To the
extent that any provision of this Act establishes a procedure to be
followed in the Senate or the House of Representatives, such provision
is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to be
part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that
House, and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 13. TERMINATION OF EFFECT OF ACT.
(a) Provisions Pertaining to the Review Board.--The provisions of
this Act that pertain to the appointment and operation of the Review
Board shall cease to be effective when the Review Board and the terms
of its members have terminated pursuant to section 7(o).
(b) Other Provisions.--The remaining provisions of this Act shall
continue in effect until such time as the Archivist certifies to the
President and the Congress that all assassination records, including
any related record subsequently discovered as described in section
6(c)(2), have been made available to the public in accordance with this
Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
SEC. 15. RECORDS PENDING.
Upon termination of the Review Board, all records that are still
pending postponement determinations shall be presumed to be available
for release.
SEC. 16. WHISTLEBLOWER PROTECTION.
All members of the Review Board staff, the Review Board, the
National Archives, and all Federal agencies covered under this Act
shall treat relevant employees in accordance with the provisions of
chapter 23 of title 5, United States Code, prohibiting certain
personnel practices (commonly referred to as whistleblower protection
provisions), particularly relating to the disclosure of improper
document retention, release, and disclosure.
SEC. 17. SEVERABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remainder of this Act and
the application of that provision to other persons not similarly
situated or to other circumstances shall not be affected by the
invalidation.
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