ical description, and each ground for postponement that 
is relied upon. 
(d) REPORTS BY THE REVIEW BOARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and every year 
thereafter until the Review Board terminates, the 
Review Board shall submit a report regarding the 
activities of the Review Board to— 
(A) the Committee on Oversight and Re-
form of the House of Representatives; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the President; 
(D) the Archivist; and 
(E) the head of any Government office the 
records of which have been the subject of Re-
view Board activity. 
(2) CONTENTS.—Each 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 employees. 
(B) The progress made on review, trans-
mission to the Archivist, and public disclosure 
of Missing Armed Forces Personnel records. 
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(C) The estimated time and volume of 
Missing Armed Forces Personnel records in-
volved in the completion of the duties of the Re-
view Board under this Act. 
(D) Any special problems, including re-
quests and the level of cooperation of Govern-
ment offices, with regard to the ability of the 
Review Board to carry out its duties under this 
Act. 
(E) A record of review activities, including 
a record of postponement decisions by the Re-
view Board or other related actions authorized 
under 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 re-
ports relating to postponed records submitted to 
the Archivist under subsection (b)(3) since the 
end of the period covered by the most recent re-
port under paragraph (1). 
(3) TERMINATION NOTICE.—Not later than 90 
days before the Review Board expects to complete 
the work of the Review Board under this Act, the 
Review Board shall provide written notice to Con-
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gress of the intent of the Review Board to terminate 
operations at a specified date. 
SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDI-
TIONAL STUDY. 
(a) MATERIALS UNDER SEAL OF COURT.— 
(1) IN GENERAL.—The Review Board may re-
quest the Attorney General to petition any court of 
the United States or of a foreign country to release 
any information relevant to the loss, fate, or status 
of Missing Armed Forces Personnel that is held 
under seal of the court. 
(2) GRAND JURY INFORMATION.— 
(A) IN GENERAL.—The Review Board may 
request the Attorney General to petition any 
court of the United States to release any infor-
mation relevant to loss, fate, or status of Miss-
ing Armed Forces Personnel that is held under 
the injunction of secrecy of a grand jury. 
(B) TREATMENT.—A request for disclo-
sure of Missing Armed Forces Personnel mate-
rials under this Act shall be deemed to con-
stitute a showing of particularized need under 
rule 6 of the Federal Rules of Criminal Proce-
dure. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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— 
(A) contact the Governments of the Rus-
sian Federation, the People’s Republic of 
China, and the Democratic People’s Republic of 
Korea to seek the disclosure of all records in 
their respective custody, possession, or control 
relevant to the loss, fate, or status of Missing 
Armed Forces Personnel; and 
(B) contact any other foreign government 
that may hold information relevant to the loss, 
fate, or status of Missing Armed Forces Per-
sonnel, and seek disclosure of such information; 
and 
(3) all agencies should cooperate in full with the 
Review Board to seek the disclosure of all informa-
tion relevant to the loss, fate, or status of Missing 
Armed Forces Personnel consistent with the public 
interest. 
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SEC. 11. 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 of 
1986), judicial decision construing such law, or common 
law doctrine that would otherwise prohibit such trans-
mission or disclosure, with the exception of deeds gov-
erning access to or transfer or release of gifts and dona-
tions of records to the United States Government. 
(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 under section 552 of title 5, United 
States Code. 
(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 re-
quired to be taken under this Act. 
(d) EXISTING AUTHORITY.—Nothing in this Act re-
vokes or limits the existing authority of the President, any 
Executive agency, the Senate, or the House of Representa-
tives, or any other entity of the Government to publicly 
disclose records in its custody, possession, or control. 
(e) RULES OF THE SENATE AND HOUSE OF REP-
RESENTATIVES.—To the extent that any provision of this 
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Act establishes a procedure to be followed in the Senate 
or the House of Representatives, such provision is adopt-
ed— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, 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. 12. 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 under 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 Congress that all 
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