mination is made, and provide that the deter-
mination is searchable electronically. 
(B) CONTEMPORANEOUS NOTICE TO EXEC-
UTIVE AND LEGISLATIVE BRANCHES.—Contem-
poraneous notice shall be made to the President 
for Review Board determinations regarding ex-
ecutive branch related records, and to the over-
sight 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 disclo-
sure, 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 disclo-
sure 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 exec-
utive branch, and upon a written appeal to the 
President by the originating agency or third agency 
within 30 days after such determination, the Presi-
dent 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 Re-
view 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 post-
ponement 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 deter-
mination. 
(2) ANNUAL
REVIEW.—Any executive branch 
related record postponed by the President shall be 
subject to the requirements of annual review, down-
grading and declassification of classified informa-
tion, and public disclosure in the collection set forth 
in section 6. 
(3) RECORD
OF
PRESIDENTIAL
POSTPONE-
MENT.—The Review Board shall, upon its receipt, 
publish in the Federal Register a copy of any unclas-
sified written certification, statement, and other ma-
terials transmitted by or on behalf of the President 
with regard to postponement of related records and 
provide that such copies are searchable electroni-
cally. 
(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 post-
ponement 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 Rep-
resentatives, or the Senate, including a description of the 
subject, originating agency, length or other physical de-
scription, and each ground for postponement that is relied 
upon, and provide that the notice is searchable electroni-
cally. 
(e) REPORTS BY THE REVIEW BOARD.—(1) The Re-
view Board shall report its activities to the leadership of 
the Congress, the Committee on Government Reform of 
the House of Representatives, the Committee on Home-
land 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 sub-
sequent reports every 12 months thereafter until termi-
nation of the Review Board. 
(3) A report under paragraph (1) shall include the 
following information: 
(A) A financial report of the expenses for all of-
ficial 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 assas-
sination 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 op-
erate 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 assas-
sination 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 IN-
JUNCTION OF SECRECY OF A GRAND JURY.—
(A) The Review Board may request the At-
torney General to petition any court in the 
United States to release any information rel-
evant 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 as-
sassination materials under this Act shall be 
deemed to constitute a showing of particular-
ized 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 Re-
view 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 se-
crecy of a grand jury; 
(2) the Secretary of State should contact any 
other foreign government that may hold information