disclosure of missing Armed Forces and civilian 
personnel records; 
(E) possess an appreciation of the value of 
missing Armed Forces and civilian personnel 
records to scholars, the Federal Government, 
and the public, particularly families of missing 
Armed Forces and civilian personnel; 
(F) include at least 1 professional histo-
rian; and 
(G) include at least 1 attorney. 
(3) CONSULTATION WITH THE OFFICE OF GOV-
ERNMENT ETHICS.—In considering persons to be ap-
pointed to the Review Board, the President shall 
consult with the Director of the Office of Govern-
ment Ethics to— 
(A) determine criteria for possible conflicts 
of interest of members of the Review Board, 
consistent with ethics laws, statutes, and regu-
lations for executive branch employees; and 
(B) ensure that no individual selected for 
such position of member of the Review Board 
possesses a conflict of interest as so deter-
mined. 
(4) CONSULTATION.—Appointments to the Re-
view Board shall be made after considering individ-
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uals recommended by the American Historical Asso-
ciation, the Organization of American Historians, 
the Society of American Archivists, the American 
Bar Association, veterans’ organizations, and organi-
zations representing families of missing Armed 
Forces and civilian personnel. 
(c) SECURITY CLEARANCES.— 
(1) IN GENERAL.—Each member of the Review 
Board shall seek appropriate security clearances nec-
essary to carry out the duties of the Review Board. 
(2) REVIEW.—The appropriate departments, 
agencies, and elements of the executive branch of the 
Federal Government shall cooperate to ensure that 
an application by an individual nominated to be a 
member of the Review Board seeking a security 
clearance under paragraph (1) is expeditiously re-
viewed and granted or denied. 
(d) CONSIDERATION BY THE SENATE.—Nominations 
for appointment under subsection (b)(1)(A) shall be re-
ferred to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate for consideration. 
(e) VACANCY.—Not later than 60 days after the date 
on which a vacancy on the Review Board occurs, the va-
cancy shall be filled in the same manner as specified for 
original appointment. 
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(f) CHAIRPERSON NEEDED FOR QUORUM.—A major-
ity of the members of the Review Board, including the 
Chairperson appointed and confirmed pursuant to sub-
section (b)(1)(A), shall constitute a quorum. 
(g) REMOVAL OF REVIEW BOARD MEMBER.— 
(1) IN
GENERAL.—A member of the Review 
Board shall not be removed from office, other 
than— 
(A) by impeachment by Congress; or 
(B) by the action of the President for inef-
ficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, or any 
other condition that substantially impairs the 
performance of the member’s duties. 
(2) JUDICIAL REVIEW.— 
(A) IN GENERAL.—A member of the Re-
view Board removed from office may obtain ju-
dicial review of the removal in a civil action 
commenced in the United States District Court 
for the District of Columbia. 
(B) RELIEF.—The member may be rein-
stated or granted other appropriate relief by 
order of the court. 
(3) NOTICE OF REMOVAL.—If a member of the 
Review Board is removed from office, and that re-
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moval is by the President, not later than 10 days 
after the removal, the President shall submit to the 
leadership of Congress, the Committee on Homeland 
Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Reform of the 
House of Representatives a report specifying the 
facts found and the grounds for the removal. 
(h) COMPENSATION OF MEMBERS.— 
(1) BASIC
PAY.—A member of the Review 
Board shall be treated as an employee of the execu-
tive branch and compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay pre-
scribed 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) TRAVEL EXPENSES.—A member of the Re-
view Board shall be allowed reasonable travel ex-
penses, 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 Re-
view Board. 
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(i) DUTIES OF THE REVIEW BOARD.— 
(1) IN GENERAL.—The Review Board shall con-
sider and render a decision on a determination by a 
Government office to seek to postpone the disclosure 
of a missing Armed Forces and civilian personnel 
record, in whole or in part. 
(2) RECORDS.—In carrying out paragraph (1), 
the Review Board shall consider and render a deci-
sion regarding— 
(A) whether a record constitutes a missing 
Armed Forces and civilian personnel record; 
and 
(B) whether a missing Armed Forces and 
civilian personnel record, or particular informa-
tion in a missing Armed Forces and civilian 
personnel record, qualifies for postponement of 
disclosure under this Act. 
(j) POWERS.— 
(1) IN
GENERAL.—The Review Board shall 
have the authority to act in a manner prescribed 
under this Act, including the authority to— 
(A) direct Government offices to transmit 
to the Archivist missing Armed Forces and ci-
vilian personnel records as required under this 
Act; 
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(B) direct Government offices to transmit 
to the Archivist substitutes and summaries of 
missing Armed Forces and civilian personnel 
records that can be publicly disclosed to the 
fullest extent for any missing Armed Forces 
and civilian personnel record that is proposed 
for postponement in full or that is substantially 
redacted; 
(C) obtain access to missing Armed Forces 
and civilian personnel records that have been 
identified by a Government office; 
(D) direct a Government office to make 
available to the Review Board, and if necessary 
investigate the facts surrounding, additional in-
formation, records, or testimony from individ-
uals, which the Review Board has reason to be-
lieve is required to fulfill the functions and re-
sponsibilities of the Review Board under this 
Act; 
(E) hold such hearings, sit and act at such 
times and places, take such testimony, receive 
such evidence, administer such oaths, and sub-
poena documents as the Review Board con-
siders advisable to carry out the responsibilities 
of the Review Board under this Act; 
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(F) subpoena private persons to compel the 
production of documents and other records rel-
evant to the responsibilities of the Review 
Board under this Act; 
(G) require any Government office to ac-
count in writing for the destruction of any 
records relating to the loss, fate, or status of 
missing Armed Forces and civilian personnel; 
(H) receive information from the public re-
garding the identification and public disclosure 
of missing Armed Forces and civilian personnel 
records; and 
(I) make a final determination regarding 
whether a missing Armed Forces and civilian 
personnel record will be disclosed to the public 
or disclosure of the missing Armed Forces and 
civilian personnel record to the public will be 
postponed, notwithstanding the determination 
of an Executive agency. 
(2) ENFORCEMENT OF SUBPOENAS.—Any sub-
poena issued under the Review Board under this 
subsection may be enforced by any appropriate Fed-
eral court acting pursuant to a lawful request of the 
Review Board. 
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(k) 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 missing 
Armed Forces and civilian personnel record or infor-
mation contained in a missing Armed Forces and ci-
vilian personnel record, obtained or developed solely 
within the executive branch, the President— 
(A) shall have the sole and nondelegable 
authority to require the disclosure or postpone-
ment of such record or information under the 
standards set forth in sections 5 and 6; and 
(B) 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 agency as required under this Act, 
stating the justification for the President’s deci-
sion, including the applicable grounds for post-
ponement under section 6. 
(2) PERIODIC
REVIEW.—Any missing Armed 
Forces and civilian personnel record for which public 
disclosure is postponed by the President shall be 
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subject to the requirements of periodic review and 
declassification of classified information and public 
disclosure in the Collection set forth in section 5. 
(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, or other mate-
rials transmitted by or on behalf of the President 
with regard to postponement of the public disclosure 
of missing Armed Forces and civilian personnel 
records under section 6. 
(l) WITNESS IMMUNITY.—The Review Board shall be 
considered to be an agency of the United States for pur-
poses of section 6001 of title 18, United States Code. 
(m) OVERSIGHT.— 
(1) IN GENERAL.—The Committee on Home-
land Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Govern-
ment Reform of the House of Representatives 
shall— 
(A) have continuing legislative oversight 
jurisdiction with respect to the official conduct 
of the Review Board and the disposition of 
postponed records after termination of the Re-
view Board; and 
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(B) not later than 10 days after submit-
ting a request, be provided access to any 
records held or created by the Review Board. 
(2) DUTY
OF
REVIEW
BOARD.—The Review 
Board shall have the duty to cooperate with the ex-
ercise of oversight jurisdiction under paragraph (1). 
(3) SECURITY
CLEARANCES.—The Chair and 
Ranking Members of the Committee on Homeland 
Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government 
Reform of the House of Representatives, and des-
ignated Committee staff, shall be granted all secu-
rity clearances and accesses held by the Review 
Board, including to relevant Presidential and depart-
ment or agency special access and compartmented 
access programs. 
(n) SUPPORT SERVICES.—The Administrator of Gen-
eral Services shall provide administrative services for the 
Review Board on a reimbursable basis. 
(o) INTERPRETIVE
REGULATIONS.—The Review 
Board may issue interpretive regulations if the Review 
Board finds such regulation to be necessary and appro-
priate. 
(p) TERMINATION AND WINDING UP.— 
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(1) IN GENERAL.—On the date that is 2 years 
after the date of enactment of this Act, the Review 
Board shall, by majority vote, determine whether all 
Government offices have complied with the obliga-
tions, mandates, and directives under this Act. 
(2) TERMINATION DATE.—The Review Board 
shall terminate on the date that is 4 years after the 
date on which members of the Review Board are 
sworn in to the Review Board. 
(3) REPORT.—Before the termination of the 
Review Board under paragraph (2), the Review 
Board shall submit to Congress reports, including a 
complete and accurate accounting of expenditures 
during its existence, and shall complete all other re-
porting requirements under this Act. 
(4) RECORDS.—Upon termination of the Re-
view Board, the Review Board shall transfer all 
records of the Review Board to the Archivist for in-
clusion in the Collection, and no record of the Re-
view Board shall be destroyed. 
SEC. 8. MISSING ARMED FORCES AND CIVILIAN PER-
SONNEL 
RECORDS 
REVIEW 
BOARD 
PER-
SONNEL. 
(a) EXECUTIVE DIRECTOR.— 
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(1) IN GENERAL.—Not later than 45 days after 
the initial meeting of the Review Board, the Review 
Board shall appoint an individual to the position of 
Executive Director. 
(2) 
QUALIFICATIONS.—The 
individual 
ap-
pointed as Executive Director— 
(A) shall be a citizen of the United States 
of integrity and impartiality; 
(B) shall be appointed without regard to 
political affiliation; and 
(C) shall not have any conflict of interest 
with the mission of the Review Board. 
(3) CONSULTATION WITH THE OFFICE OF GOV-
ERNMENT
ETHICS.—In their consideration of the 
person to be appointed to the position of Executive 
Director, the Review Board shall consult with the 
Director of the Office of Government Ethics to— 
(A) determine criteria for possible conflicts 
of interest of the Executive Director, consistent 
with ethics laws, statutes, and regulations for 
executive branch employees; and 
(B) ensure that no individual selected for 
such position of Executive Director possesses a 
conflict of interest as so determined. 
(4) SECURITY CLEARANCE.— 
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(A) IN
GENERAL.—The individual ap-
pointed as Executive Director shall have the se-
curity clearance necessary to carry out the du-
ties of the position at the time of appointment. 
(B) EXPEDITED PROVISION.—The appro-
priate departments, agencies, and elements of 
the executive branch of the Federal Government 
shall cooperate to ensure that an application by 
an individual nominated to be Executive Direc-
tor, seeking security clearances necessary to 
carry out the duties of the Executive Director, 
is expeditiously reviewed and granted or denied. 
(5) DUTIES.—The Executive Director shall— 
(A) serve as principal liaison to Govern-
ment offices; 
(B) be responsible for the administration 
and coordination of the review of records by the 
Review Board; 
(C) be responsible for the administration 
of all official activities conducted by the Review 
Board; and 
(D) not have the authority to decide or de-
termine whether any record should be disclosed 
to the public or postponed for disclosure. 
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(6) REMOVAL.—The Executive Director may be 
removed by a majority vote of the Review Board. 
(b) STAFF.— 
(1) IN GENERAL.—The Review Board may, in 
accordance with the civil service laws, but without 
regard to civil service law and regulation for com-
petitive service as defined in subchapter I of chapter 
33 of title 5, United States Code, appoint and termi-
nate additional employees as are necessary to enable 
the Review Board and the Executive Director to per-
form their duties under this Act. 
(2) TREATMENT AS EMPLOYEES OF EXECUTIVE 
BRANCH.—The Executive Director and other em-
ployees of the Review Board shall be treated as em-
ployees of the executive branch. 
(3) QUALIFICATIONS.—An individual appointed 
to a position as an employee of the Review Board— 
(A) shall be a citizen of the United States 
of integrity and impartiality; and 
(B) shall not have had any previous in-
volvement with any official investigation or in-
quiry relating to the loss, fate, or status of 
missing Armed Forces and civilian personnel. 
(4) CONSULTATION WITH THE OFFICE OF GOV-
ERNMENT ETHICS.—In their consideration of per-
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sons to be appointed as staff of the Review Board, 
the Review Board shall consult with the Director of 
the Office of Government Ethics to— 
(A) determine criteria for possible conflicts 
of interest of staff of the Review Board, con-
sistent with ethics laws, statutes, and regula-
tions for executive branch employees; and 
(B) ensure that no individual selected for 
such position of staff of the Review Board pos-
sesses a conflict of interest as so determined. 
(5) SECURITY CLEARANCE.— 
(A) IN
GENERAL.—An individual ap-
pointed as an employee of the Review Board 
shall have the security clearance necessary to 
carry out the duties of the position at the time 
of appointment. 
(B) EXPEDITED PROVISION.—The appro-
priate departments, agencies, and elements of 
the executive branch of the Federal Government 
shall cooperate to ensure that an application by 
an individual who is a candidate for a position 
with the Review Board, seeking security clear-
ances necessary to carry out the duties of the 
position, is expeditiously reviewed and granted 
or denied. 
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(c) COMPENSATION.—The Review Board shall fix the 
compensation of the Executive Director and other employ-
ees of the Review Board described in subsection (b) with-
out regard to chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating to classification 
of positions and General Schedule pay rates, except that 
the rate of pay for the Executive Director and other em-
ployees may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of title 5, United 
States Code. 
(d) ADVISORY COMMITTEES.— 
(1) IN GENERAL.—The Review Board may cre-
ate 1 or more advisory committees to assist in ful-
filling the responsibilities of the Review Board under 
this Act. 
(2) APPLICABILITY
OF
FACA.—Any advisory 
committee created by the Review Board shall be sub-
ject to chapter 10 of title 5, United States Code. 
SEC. 9. REVIEW OF RECORDS BY THE MISSING ARMED 
FORCES AND CIVILIAN PERSONNEL RECORDS 
REVIEW BOARD. 
(a) STARTUP REQUIREMENTS.—The Review Board 
shall— 
(1) not later than 90 days after the date on 
which all members are sworn in, publish an initial 
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schedule for review of all missing Armed Forces and 
civilian personnel records, which the Archivist shall 
highlight and make available on a publicly accessible 
website administered by the National Archives; and 
(2) not later than 180 days after the swearing 
in of the Review Board members, begin reviewing 
missing Armed Forces and civilian personnel 
records, as necessary, under this Act. 
(b) DETERMINATION OF THE REVIEW BOARD.— 
(1) IN GENERAL.—The Review Board shall di-
rect that all records that relate, directly or indi-
rectly, to the loss, fate, or status of missing Armed 
Forces and civilian personnel be transmitted to the 
Archivist and disclosed to the public in the Collec-
tion in the absence of clear and convincing evidence 
that the record is not a missing Armed Forces and 
civilian personnel record. 
(2) POSTPONEMENT.—In approving postpone-
ment of public disclosure of a missing Armed Forces 
and civilian personnel record, or information within 
a missing Armed Forces and civilian personnel 
record, the Review Board shall seek to carry out the 
following: 
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(A) Provide for the disclosure of segregable 
parts, substitutes, or summaries of the missing 
Armed Forces and civilian personnel record. 
(B) Determine, in consultation with the 
originating body and consistent with the stand-
ards for postponement under this Act, which of 
the following alternative forms of disclosure 
shall be made by the originating body: 
(i) Any reasonably segregable par-
ticular information in a missing Armed 
Forces and civilian personnel record. 
(ii) A substitute record for that infor-
mation which is postponed. 
(iii) A summary of a missing Armed 
Forces and civilian personnel record. 
(3) REPORTING.—With respect to a missing 
Armed Forces and civilian personnel record, or in-
formation within a missing Armed Forces and civil-
ian personnel record, the public disclosure of which 
is postponed under this Act, or for which only sub-
stitutions or summaries have been disclosed to the 
public, the Review Board shall create and transmit 
to the Archivist, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, and 
the Committee on Oversight and Government Re-
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form of the House of Representatives an unclassified 
and publicly releasable report containing— 
(A) a description of actions by the Review 
Board, the originating body, or any Government 
office (including a justification of any such ac-
tion to postpone disclosure of any record or 
part of any record) and of any official pro-
ceedings conducted by the Review Board; and 
(B) a statement, based on a review of the 
proceedings and in conformity with the deci-
sions reflected therein, designating a rec-
ommended specified time at which, or a speci-
fied occurrence following which, the material 
may be appropriately disclosed to the public 
under this Act, which the Review Board shall 
disclose to the public with notice thereof, rea-
sonably calculated to make interested members 
of the public aware of the existence of the state-
ment. 
(4) ACTIONS AFTER DETERMINATION.— 
(A) IN GENERAL.—Not later than 30 days 
after the date of a determination by the Review 
Board that a missing Armed Forces and civilian 
personnel record shall be publicly disclosed in 
the Collection or postponed for disclosure, the 
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Review Board shall notify the head of the origi-
nating body of the determination and highlight 
and make available the determination on a pub-
licly accessible website reasonably calculated to 
make interested members of the public aware of 
the existence of the determination. 
(B) OVERSIGHT
NOTICE.—Simultaneous 
with notice under subparagraph (A), the Review 
Board shall provide notice of a determination 
concerning the public disclosure or postpone-
ment of disclosure of a missing Armed Forces 
and civilian personnel record, or information 
contained within a missing Armed Forces and 
civilian personnel record, which shall include a 
written unclassified justification for public dis-
closure or postponement of disclosure, including 
an explanation of the application of any stand-
ards in section 6 to the President, to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate, and the Com-
mittee on Oversight and Government Reform of 
the House of Representatives. 
(5) REFERRAL AFTER TERMINATION.—A miss-
ing Armed Forces and civilian personnel record that 
is identified, located, or otherwise discovered after 
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the date on which the Review Board terminates shall 
be transmitted to the Archivist for the Collection 
and referred to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of 
the House of Representatives for review, ongoing 
oversight and, as warranted, referral for possible en-
forcement action relating to a violation of this Act 
and determination as to whether declassification of 
the missing Armed Forces and civilian personnel is 
warranted under this Act. 
(c) NOTICE TO PUBLIC.—Every 30 days, beginning 
on the date that is 60 days after the date on which the 
Review Board first approves the postponement of disclo-
sure of a missing Armed Forces and civilian personnel 
record, the Review Board shall highlight and make acces-
sible on a publicly available website reasonably calculated 
to make interested members of the public aware of the 
existence of the postponement a notice that summarizes 
the postponements approved by the Review Board, includ-
ing a description of the subject, originating body, length 
or other physical description, and each ground for post-
ponement 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 
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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 Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; 
(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 and civilian personnel 
records. 
(C) The estimated time and volume of 
missing Armed Forces and civilian personnel 
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records involved in the completion of the duties 
of the Review 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) COPIES AND BRIEFS.—Coincident with the 
reporting requirements in paragraph (2), or more 
frequently as warranted by new information, the Re-
view Board shall provide copies to, and fully brief, 
at a minimum, the President, the Archivist, leader-
ship of Congress, the Chair and Ranking Members 
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of the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House 
of Representatives, and the Chairs, Ranking Mem-
bers, Vice Chairs, as the case may be, of such other 
committees as leadership of Congress determines ap-
propriate on— 
(A) recommendations for periodic review, 
downgrading, and declassification, as well as 
the exact time or specified occurrence following 
which specific missing Armed Forces and civil-
ian material may be appropriately disclosed; 
(B) the rationale behind each postpone-
ment determination and the recommended 
means to achieve disclosure of each postponed 
item; 
(C) any other findings that the Review 
Board chooses to offer; and 
(D) an addendum containing copies of re-
ports of postponed records to the Archivist re-
quired under subsection (b)(3) made since the 
date of the preceding report under this sub-
section. 
(4) TERMINATION NOTICE.—Not later than 90 
days before the Review Board expects to complete 
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the work of the Review Board under this Act, the 
Review Board shall provide written notice to Con-
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 and civilian 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 and civilian personnel that is 
held under the injunction of secrecy of a grand 
jury. 
(B) TREATMENT.—A request for disclo-
sure of missing Armed Forces and civilian per-
sonnel materials under this Act shall be deemed 
to constitute a showing of particularized need 
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under rule 6 of the Federal Rules of Criminal 
Procedure. 
(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 and civilian personnel; and 
(B) contact any other foreign government 
that may hold information relevant to the loss, 
fate, or status of missing Armed Forces and ci-
vilian personnel, and seek disclosure of such in-
formation; 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 
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Armed Forces and civilian personnel consistent with 
the public interest. 
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-
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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 
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. REQUESTS FOR EXTENSIONS. 
(a) IN GENERAL.—The head of a Government office 
required to comply with a deadline under this Act that 
is based on the date of establishment of a quorum of the 
members of the Review Board under section 7 may request 
an extension from the Review Board for good cause. 
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