§ 5. ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD CASE RECORDS REVIEW BOARD.

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Establishment .— There is established, as an independent agency, a board to be known as the Civil Rights Cold Case Records Review Board. Appointment.— In general .— The President shall appoint, by and with the advice and consent of the Senate, 5 individuals to serve as members of the Review Board, to ensure and facilitate the review, transmission to the Archivist, and public disclosure of civil rights cold case records. Initial appointment.— In general .— Initial appointments to the Review Board shall, so far as practicable, be made not later than 60 days after the date of enactment of this Act [ Jan. 8, 2019 ].

Recommendations .— In making appointments to the Review Board, the President may consider any individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Association. Extension .— If an organization described in subparagraph

(B)does not recommend at least 2 nominees meeting the qualifications stated in paragraph

(3)within 60 days after the date of enactment of this Act, the deadline under subparagraph

(A)shall be extended until the earlier of 60 days after the date on which such recommendations are made or 120 days after the date of enactment of this Act. Additional recommendations .— The President may request that any organization described in subparagraph

(B)submit additional recommended nominees. Qualifications .— Individuals nominated to the Review Board shall— not have had any previous involvement with any official investigation or inquiry conducted by the Federal Government, or any State or local government, relating to any civil rights cold case; be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to fulfill their role in ensuring and facilitating the review, transmission to the public, and public disclosure of files related to civil rights cold cases and who possess an appreciation of the value of such material to the public, scholars, and government; and include at least 1 professional historian and 1 attorney. Security Clearances .— All Review Board nominees shall be processed for the necessary security clearances in an accelerated manner by the appropriate Federal agencies and subject to the standard procedures for granting such clearances. Vacancy .— A vacancy on the Review Board shall be filled in the same manner as the original appointment within 60 days of the occurrence of the vacancy. Chairperson .— The members of the Review Board shall elect 1 of the members as chairperson. Removal of Review Board Member.— In general .— No member of the Review Board shall be removed from office, other than— by impeachment and conviction; or by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. Report.— In general .— If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] 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. 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. Judicial review.— In general .— A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. Relief .— The member may be reinstated or granted other appropriate relief by order of the court. Compensation of Members.— In general .— A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 , United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. Travel expenses .— A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board. Duties of the Review Board.— In general .— The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of civil rights cold case records. Decisions .— In carrying out paragraph (1), the Review Board shall consider and render decisions on— whether a record constitutes a civil rights cold case record; and whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this Act. Powers.— In general .— The Review Board shall have the authority to act in a manner prescribed under this Act including the authority to— obtain access to civil rights cold case records that have been identified and organized by a Government office; 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; subpoena private persons to compel the production of documents and other records relevant to its responsibilities under this Act; require any Government office to account in writing for the destruction of any records relating to civil rights cold cases; receive information from the public regarding the identification and public disclosure of civil rights cold case records; and hold hearings, administer oaths, and subpoena documents and other records. Enforcement of subpoenas .— Any subpoena issued under this subsection may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. Witness Immunity .— The Review Board shall be considered to be an agency of the United States for purposes of chapter 601 of title 18, United States Code. Oversight.— In general .— The Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. Cooperation of review board .— The Review Board shall have a duty to cooperate with the exercise of the oversight jurisdiction described in paragraph (1). Support Services .— The Administrator of General Services shall provide administrative services for the Review Board on a reimbursable basis. Interpretive Regulations .— The Review Board may issue interpretive regulations. Termination.— In general .— The Review Board shall terminate not later than 7 years after the date of enactment of this Act, except that the Review Board may, by majority vote, extend its term for an additional 1-year period if the Review Board has not completed its work within that 7-year period. Reports .— Before its termination, the Review Board shall submit reports to the President and the Congress, including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act. Transfer of records.— In general .— Upon termination, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection. Preservation of records .— The records of the Review Board shall not be destroyed, except that the Archivist may destroy routine administrative records covered by a general records schedule following notification in the Federal Register and after considering comments.

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§ 5

ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD CASE RECORDS REVIEW BOARD.

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