[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2315 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 730
118th CONGRESS
  2d Session
                                S. 2315

                          [Report No. 118-310]

 To provide for the creation of the missing Armed Forces and civilian 
 personnel Records Collection at the National Archives, to require the 
expeditious public transmission to the Archivist and public disclosure 
 of missing Armed Forces and civilian personnel records, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

 Mr. Crapo (for himself, Mrs. Shaheen, Mr. Risch, Mrs. Blackburn, Mr. 
Thune, Mr. Cassidy, Mr. Rounds, Ms. Warren, Mr. Padilla, Ms. Rosen, Mr. 
King, Ms. Duckworth, Ms. Hassan, Mr. Ossoff, and Mr. Peters) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

            December 19 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the creation of the missing Armed Forces and civilian 
 personnel Records Collection at the National Archives, to require the 
expeditious public transmission to the Archivist and public disclosure 
 of missing Armed Forces and civilian personnel records, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bring Our Heroes Home 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.</DELETED>

<DELETED>    (a) Findings and Declarations.--Congress finds and 
declares the following:</DELETED>
        <DELETED>    (1) A vast number of records relating to missing 
        Armed Forces and civilian personnel have not been identified, 
        located, or transferred to the National Archives following 
        review and declassification. Only in the rarest cases is there 
        any legitimate need for continued protection of records 
        pertaining to missing Armed Forces and civilian personnel who 
        have been missing for decades.</DELETED>
        <DELETED>    (2) There has been insufficient priority placed on 
        identifying, locating, reviewing, or declassifying records 
        relating to missing Armed Forces and civilian personnel and 
        then transferring the records to the National Archives for 
        public access.</DELETED>
        <DELETED>    (3) Mandates for declassification set forth in 
        multiple Executive orders have been broadly written, loosely 
        interpreted, and often ignored by Federal agencies in 
        possession and control of records related to missing Armed 
        Forces and civilian personnel.</DELETED>
        <DELETED>    (4) No individual or entity has been tasked with 
        oversight of the identification, collection, review, and 
        declassification of records related to missing Armed Forces and 
        civilian personnel.</DELETED>
        <DELETED>    (5) The interest, desire, workforce, and funding 
        of Federal agencies to assemble, review, and declassify records 
        relating to missing Armed Forces and civilian personnel have 
        been lacking.</DELETED>
        <DELETED>    (6) All records of the Federal Government relating 
        to missing Armed Forces and civilian personnel should be 
        preserved for historical and governmental purposes and for 
        public research.</DELETED>
        <DELETED>    (7) All records of the Federal Government relating 
        to missing Armed Forces and civilian personnel should carry a 
        presumption of declassification, and all such records should be 
        disclosed under this Act to enable the fullest possible 
        accounting for missing Armed Forces and civilian 
        personnel.</DELETED>
        <DELETED>    (8) Legislation is necessary to create an 
        enforceable, independent, and accountable process for the 
        public disclosure of records relating to missing Armed Forces 
        and civilian personnel.</DELETED>
        <DELETED>    (9) Legislation is necessary because section 552 
        of title 5, United States Code (commonly known as the ``Freedom 
        of Information Act''), as implemented by Federal agencies, has 
        prevented the timely public disclosure of records relating to 
        missing Armed Forces and civilian personnel.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to provide for the creation of the Missing 
        Armed Forces and Civilian Personnel Records Collection at the 
        National Archives; and</DELETED>
        <DELETED>    (2) to require the expeditious public transmission 
        to the Archivist and public disclosure of missing Armed Forces 
        and civilian personnel records, subject to narrow exceptions, 
        as set forth in this Act.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Archivist.--The term ``Archivist'' means 
        Archivist of the United States.</DELETED>
        <DELETED>    (2) Collection.--The term ``Collection'' means the 
        Missing Armed Forces and Civilian Personnel Records Collection 
        established under section 4(a).</DELETED>
        <DELETED>    (3) Executive agency.--The term ``Executive 
        agency''--</DELETED>
                <DELETED>    (A) means an agency, as defined in section 
                552(f) of title 5, United States Code;</DELETED>
                <DELETED>    (B) includes any Executive department, 
                military department, Government corporation, Government 
                controlled corporation, or other establishment in the 
                executive branch of the Federal Government, including 
                the Executive Office of the President, any branch of 
                the Armed Forces, and any independent regulatory 
                agency; and</DELETED>
                <DELETED>    (C) does not include any non-appropriated 
                agency, department, corporation, or 
                establishment.</DELETED>
        <DELETED>    (4) Executive branch missing armed forces and 
        civilian personnel record.--The term ``executive branch missing 
        Armed Forces and civilian personnel record'' means a missing 
        Armed Forces and civilian personnel record of an Executive 
        agency, or information contained in such a missing Armed Forces 
        and civilian personnel record obtained by or developed within 
        the executive branch of the Federal Government.</DELETED>
        <DELETED>    (5) Government office.--The term ``Government 
        office'' means an Executive agency, the Library of Congress, or 
        the National Archives.</DELETED>
        <DELETED>    (6) Missing armed forces and civilian personnel.--
        </DELETED>
                <DELETED>    (A) Definition.--The term ``missing Armed 
                Forces and civilian personnel'' means one or more 
                missing persons; and</DELETED>
                <DELETED>    (B) Inclusions.--The term ``missing Armed 
                Forces and civilian personnel'' includes an individual 
                who was a missing person and whose status was later 
                changed to ``missing and presumed dead''.</DELETED>
        <DELETED>    (7) Missing armed forces and civilian personnel 
        record.--The term ``missing Armed Forces and civilian personnel 
        record'' means a record that relates, directly or indirectly, 
        to the loss, fate, or status of missing Armed Forces and 
        civilian personnel that--</DELETED>
                <DELETED>    (A) was created or made available for use 
                by, obtained by, or otherwise came into the custody, 
                possession, or control of--</DELETED>
                        <DELETED>    (i) any Government 
                        office;</DELETED>
                        <DELETED>    (ii) any Presidential library; 
                        or</DELETED>
                        <DELETED>    (iii) any of the Armed Forces; 
                        and</DELETED>
                <DELETED>    (B) relates to 1 or more missing Armed 
                Forces and civilian personnel who became missing 
                persons during the period--</DELETED>
                        <DELETED>    (i) beginning on December 7, 1941; 
                        and</DELETED>
                        <DELETED>    (ii) ending on the date of 
                        enactment of this Act.</DELETED>
        <DELETED>    (8) Missing person.--The term ``missing person'' 
        means--</DELETED>
                <DELETED>    (A) a person described in paragraph (1) of 
                section 1513 of title 10, United States Code; 
                and</DELETED>
                <DELETED>    (B) any other civilian employee of the 
                Federal Government or an employee of a contractor of 
                the Federal Government who serves in direct support of, 
                or accompanies, the Armed Forces in the field under 
                orders and who is in a missing status (as that term is 
                defined in paragraph (2) of such section 
                1513).</DELETED>
        <DELETED>    (9) National archives.--The term ``National 
        Archives''--</DELETED>
                <DELETED>    (A) means the National Archives and 
                Records Administration; and</DELETED>
                <DELETED>    (B) includes any component of the National 
                Archives and Records Administration (including 
                Presidential archival depositories established under 
                section 2112 of title 44, United States 
                Code).</DELETED>
        <DELETED>    (10) Official investigation.--The term ``official 
        investigation'' means a review, briefing, inquiry, or hearing 
        relating to missing Armed Forces and civilian personnel 
        conducted by a Presidential commission, committee of Congress, 
        or agency, regardless of whether it is conducted independently, 
        at the request of any Presidential commission or committee of 
        Congress, or at the request of any official of the Federal 
        Government.</DELETED>
        <DELETED>    (11) Originating body.--The term ``originating 
        body'' means the Government office or other initial source that 
        created a record or particular information within a 
        record.</DELETED>
        <DELETED>    (12) Public interest.--The term ``public 
        interest'' means the compelling interest in the prompt public 
        disclosure of missing Armed Forces and civilian personnel 
        records for historical and governmental purposes, for public 
        research, and for the purpose of fully informing the people of 
        the United States, most importantly families of missing Armed 
        Forces and civilian personnel, about the fate of the missing 
        Armed Forces and civilian personnel and the process by which 
        the Federal Government has sought to account for 
        them.</DELETED>
        <DELETED>    (13) Record.--The term ``record'' has the meaning 
        given the term ``records'' in section 3301 of title 44, United 
        States Code.</DELETED>
        <DELETED>    (14) Review board.--The term ``Review Board'' 
        means the Missing Armed Forces and Civilian Personnel Records 
        Review Board established under section 7.</DELETED>

<DELETED>SEC. 4. MISSING ARMED FORCES AND CIVILIAN PERSONNEL RECORDS 
              COLLECTION AT THE NATIONAL ARCHIVES.</DELETED>

<DELETED>    (a) Establishment of Collection.--Not later than 90 days 
after confirmation of the initial members of the Missing Armed Forces 
and Civilian Personnel Records Review Board established under section 
7, the Archivist shall--</DELETED>
        <DELETED>    (1) commence establishment of a collection of 
        records to be known as the ``Missing Armed Forces and Civilian 
        Personnel Records Collection'';</DELETED>
        <DELETED>    (2) commence preparing the subject guidebook and 
        index to the Collection; and</DELETED>
        <DELETED>    (3) establish criteria and acceptable formats for 
        Executive agencies to follow when transmitting copies of 
        missing Armed Forces and civilian personnel records to the 
        Archivist, to include required metadata.</DELETED>
<DELETED>    (b) Regulations.--Not later than 90 days after the date of 
the swearing in of the Board members, the Review Board shall promulgate 
rules to establish guidelines and processes for the disclosure of 
records contained in the Collection.</DELETED>

<DELETED>SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL 
              ARCHIVES, AND PUBLIC DISCLOSURE OF MISSING ARMED FORCES 
              AND CIVILIAN PERSONNEL RECORDS BY GOVERNMENT 
              OFFICES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Preparation.--As soon as practicable after the 
        date of enactment of this Act, and sufficiently in advance of 
        the deadlines established under this Act, each Government 
        office shall--</DELETED>
                <DELETED>    (A) identify and locate any missing Armed 
                Forces and civilian personnel records in the custody, 
                possession, or control of the Government office, 
                including intelligence reports, congressional 
                inquiries, memoranda to or from the White House and 
                other Federal departments and agencies, Prisoner of War 
                (POW) debriefings, live sighting reports, documents 
                relating to POW camps, movement of POWs, exploitation 
                of POWs, experimentation on POWs, or status changes 
                from Missing in Action (MIA) to Killed in Action (KIA); 
                and</DELETED>
                <DELETED>    (B) prepare for transmission to the 
                Archivist in accordance with the criteria and 
                acceptable formats established by the Archivist a copy 
                of any missing Armed Forces and civilian personnel 
                records that have not previously been transmitted to 
                the Archivist by the Government office.</DELETED>
        <DELETED>    (2) Certification.--Each Government office shall 
        submit to the Archivist, under penalty of perjury, a 
        certification indicating--</DELETED>
                <DELETED>    (A) whether the Government office has 
                conducted a thorough search for all missing Armed 
                Forces and civilian personnel records in the custody, 
                possession, or control of the Government office; 
                and</DELETED>
                <DELETED>    (B) whether a copy of any missing Armed 
                Forces and civilian personnel record has not been 
                transmitted to the Archivist.</DELETED>
        <DELETED>    (3) Preservation.--No missing Armed Forces and 
        civilian personnel record shall be destroyed, altered, or 
        mutilated in any way.</DELETED>
        <DELETED>    (4) Effect of previous disclosure.--Information 
        that was made available or disclosed to the public before the 
        date of enactment of this Act in a missing Armed Forces and 
        civilian personnel record may not be withheld, redacted, 
        postponed for public disclosure, or reclassified.</DELETED>
        <DELETED>    (5) Withheld and substantially redacted records.--
        For any missing Armed Forces and civilian personnel record that 
        is transmitted to the Archivist which a Government office 
        proposes to substantially redact or withhold in full from 
        public access, the head of the Government office shall submit 
        an unclassified and publicly releasable report to the 
        Archivist, the Review Board, and each appropriate committee of 
        the Senate and the House of Representatives justifying the 
        decision of the Government office to substantially redact or 
        withhold the record by demonstrating that the release of 
        information would clearly and demonstrably be expected to cause 
        an articulated harm, and that the harm would be of such gravity 
        as to outweigh the public interest in access to the 
        information.</DELETED>
<DELETED>    (b) Review.--</DELETED>
        <DELETED>    (1) In general.--Except as provided under 
        paragraph (5), not later than 180 days after confirmation of 
        the initial members of the Missing Armed Forces and Civilian 
        Personnel Records Review Board, each Government office shall, 
        in accordance with the criteria and acceptable formats 
        established by the Archivist--</DELETED>
                <DELETED>    (A) identify, locate, copy, and review 
                each missing Armed Forces and civilian personnel record 
                in the custody, possession, or control of the 
                Government office for transmission to the Archivist and 
                disclosure to the public or, if needed, review by the 
                Review Board; and</DELETED>
                <DELETED>    (B) cooperate fully, in consultation with 
                the Archivist, in carrying out paragraph (3).</DELETED>
        <DELETED>    (2) Requirement.--The Review Board shall 
        promulgate rules for the disclosure of relevant records by 
        Government offices under paragraph (1).</DELETED>
        <DELETED>    (3) National archives records.--Not later than 180 
        days after confirmation of the initial members of the Missing 
        Armed Forces and Civilian Personnel Records Review Board, the 
        Archivist shall--</DELETED>
                <DELETED>    (A) locate and identify all missing Armed 
                Forces and civilian personnel records in the custody of 
                the National Archives as of the date of enactment of 
                this Act that remain classified, in whole or in 
                part;</DELETED>
                <DELETED>    (B) notify a Government office if the 
                Archivist locates and identifies a record of the 
                Government office under subparagraph (A); and</DELETED>
                <DELETED>    (C) make each classified missing Armed 
                Forces and civilian personnel record located and 
                identified under subparagraph (A) available for review 
                by Executive agencies through the National 
                Declassification Center established under Executive 
                Order 13526 or any successor order.</DELETED>
        <DELETED>    (4) Records already public.--A missing Armed 
        Forces and civilian personnel record that is in the custody of 
        the National Archives on the date of enactment of this Act and 
        that has been publicly available in its entirety without 
        redaction shall be made available in the Collection without any 
        additional review by the Archivist, the Review Board, or any 
        other Government office under this Act.</DELETED>
        <DELETED>    (5) Exemptions.--</DELETED>
                <DELETED>    (A) Department of defense pow/mia 
                accounting agency.--The Defense POW/MIA Accounting 
                Agency (DPAA) is exempt from the requirement under this 
                subsection to declassify and transmit to the Archivist 
                documents in its custody or control that pertain to a 
                specific case or cases that DPAA is actively 
                investigating or developing for the purpose of 
                locating, disinterring, or identifying a missing member 
                of the Armed Forces.</DELETED>
                <DELETED>    (B) Department of defense military service 
                casualty offices and department of state service 
                casualty offices.--The Department of Defense Military 
                Service Casualty Offices and the Department of State 
                Service Casualty Offices are exempt from the 
                requirement to declassify and transmit to the Archivist 
                documents in their custody or control that pertain to 
                individual cases with respect to which the office is 
                lending support and assistance to the families of 
                missing individuals.</DELETED>
<DELETED>    (c) Transmission to the National Archives.--Each 
Government office shall--</DELETED>
        <DELETED>    (1) not later than 180 days after confirmation of 
        the initial members of the Missing Armed Forces and Civilian 
        Personnel Records Review Board, commence transmission to the 
        Archivist of copies of the missing Armed Forces and civilian 
        personnel records in the custody, possession, or control of the 
        Government office; and</DELETED>
        <DELETED>    (2) not later than 1 year after confirmation of 
        the initial members of the Missing Armed Forces and Civilian 
        Personnel Records Review Board, complete transmission to the 
        Archivist of copies of all missing Armed Forces and civilian 
        personnel records in the possession or control of the 
        Government office.</DELETED>
<DELETED>    (d) Periodic Review of Postponed Missing Armed Forces and 
Civilian Personnel Records.--</DELETED>
        <DELETED>    (1) In general.--All missing Armed Forces and 
        civilian personnel records, or information within a missing 
        Armed Forces and civilian personnel record, the public 
        disclosure of which has been postponed under the standards 
        under this Act shall be reviewed by the originating body--
        </DELETED>
                <DELETED>    (A)(i) periodically, but not less than 
                every 5 years, after the date on which the Review Board 
                terminates under section 7(o); and</DELETED>
                <DELETED>    (ii) at the direction of the Archivist; 
                and</DELETED>
                <DELETED>    (B) consistent with the recommendations of 
                the Review Board under section 9(b)(3)(B).</DELETED>
        <DELETED>    (2) Contents.--</DELETED>
                <DELETED>    (A) In general.--A periodic review of a 
                missing Armed Forces and civilian personnel record, or 
                information within a missing Armed Forces and civilian 
                personnel record, by the originating body shall address 
                the public disclosure of the missing Armed Forces and 
                civilian personnel record under the standards under 
                this Act.</DELETED>
                <DELETED>    (B) Continued postponement.--If an 
                originating body conducting a periodic review of a 
                missing Armed Forces and civilian personnel record, or 
                information within a missing Armed Forces and civilian 
                personnel record, the public disclosure of which has 
                been postponed under the standards under this Act, 
                determines that continued postponement is required, the 
                originating body shall provide to the Archivist an 
                unclassified written description of the reason for the 
                continued postponement that the Archivist shall 
                highlight and make accessible on a publicly accessible 
                website administered by the National 
                Archives.</DELETED>
                <DELETED>    (C) Scope.--The periodic review of 
                postponed missing Armed Forces and civilian personnel 
                records, or information within a missing Armed Forces 
                and civilian personnel record, shall serve the purpose 
                stated in section 2(b)(2), to provide expeditious 
                public disclosure of missing Armed Forces and civilian 
                personnel records, to the fullest extent possible, 
                subject only to the grounds for postponement of 
                disclosure under section 6.</DELETED>
                <DELETED>    (D) Disclosure absent certification by 
                president.--Not later than 10 years after confirmation 
                of the initial members of the Missing Armed Forces and 
                Civilian Personnel Records Review Board, all missing 
                Armed Forces and civilian personnel records, and 
                information within a missing Armed Forces and civilian 
                personnel record, shall be publicly disclosed in full, 
                and available in the Collection, unless--</DELETED>
                        <DELETED>    (i) the head of the originating 
                        body, Executive agency, or other Government 
                        office recommends in writing that continued 
                        postponement is necessary;</DELETED>
                        <DELETED>    (ii) the written recommendation 
                        described in clause (i)--</DELETED>
                                <DELETED>    (I) is provided to the 
                                Archivist in unclassified and publicly 
                                releasable form not later than 180 days 
                                before the date that is 10 years after 
                                confirmation of the initial members of 
                                the Missing Armed Forces and Civilian 
                                Personnel Records Review Board; 
                                and</DELETED>
                                <DELETED>    (II) includes--</DELETED>
                                        <DELETED>    (aa) a 
                                        justification of the 
                                        recommendation to postpone 
                                        disclosure with clear and 
                                        convincing evidence that the 
                                        identifiable harm is of such 
                                        gravity that it outweighs the 
                                        public interest in disclosure; 
                                        and</DELETED>
                                        <DELETED>    (bb) a recommended 
                                        specified time at which or a 
                                        specified occurrence following 
                                        which the material may be 
                                        appropriately disclosed to the 
                                        public under this 
                                        Act;</DELETED>
                        <DELETED>    (iii) the Archivist transmits all 
                        recommended postponements and the 
                        recommendation of the Archivist to the 
                        President not later than 90 days before the 
                        date that is 10 years after the date of 
                        confirmation of the initial members of the 
                        Missing Armed Forces and Civilian Personnel 
                        Records Review Board; and</DELETED>
                        <DELETED>    (iv) the President transmits to 
                        the Archivist a certification indicating that 
                        continued postponement is necessary and the 
                        identifiable harm, as demonstrated by clear and 
                        convincing evidence, is of such gravity that it 
                        outweighs the public interest in disclosure not 
                        later than the date that is 10 years after 
                        confirmation of the initial members of the 
                        Missing Armed Forces and Civilian Personnel 
                        Records Review Board.</DELETED>

<DELETED>SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
              RECORDS.</DELETED>

<DELETED>    (a) In General.--Disclosure to the public of a missing 
Armed Forces and civilian personnel record or particular information in 
a missing Armed Forces and civilian personnel record created after the 
date that is 25 years before the date of the review of the missing 
Armed Forces and civilian personnel record by the Archivist may be 
postponed subject to the limitations under this Act only--</DELETED>
        <DELETED>    (1) if it pertains to--</DELETED>
                <DELETED>    (A) military plans, weapons systems, or 
                operations;</DELETED>
                <DELETED>    (B) foreign government 
                information;</DELETED>
                <DELETED>    (C) intelligence activities (including 
                covert action), intelligence sources or methods, or 
                cryptology;</DELETED>
                <DELETED>    (D) foreign relations or foreign 
                activities of the United States, including confidential 
                sources;</DELETED>
                <DELETED>    (E) scientific, technological, or economic 
                matters relating to the national security;</DELETED>
                <DELETED>    (F) United States Government programs for 
                safeguarding nuclear materials or facilities;</DELETED>
                <DELETED>    (G) vulnerabilities or capabilities of 
                systems, installations, infrastructures, projects, 
                plans, or protection services relating to the national 
                security; or</DELETED>
                <DELETED>    (H) the development, production, or use of 
                weapons of mass destruction; and</DELETED>
        <DELETED>    (2) the threat posed by the public disclosure of 
        the missing Armed Forces and civilian personnel record or 
        information is of such gravity that it outweighs the public 
        interest in disclosure.</DELETED>
<DELETED>    (b) Older Records.--Disclosure to the public of a missing 
Armed Forces and civilian personnel record or particular information in 
a missing Armed Forces and civilian personnel record created on or 
before the date that is 25 years before the date of the review of the 
missing Armed Forces and civilian personnel record by the Archivist may 
be postponed subject to the limitations under this Act only if, as 
demonstrated by clear and convincing evidence--</DELETED>
        <DELETED>    (1) the release of the information would be 
        expected to--</DELETED>
                <DELETED>    (A) reveal the identity of a confidential 
                human source, a human intelligence source, a 
                relationship with an intelligence or security service 
                of a foreign government or international organization, 
                or a nonhuman intelligence source, or impair the 
                effectiveness of an intelligence method currently in 
                use, available for use, or under development;</DELETED>
                <DELETED>    (B) reveal information that would impair 
                United States cryptologic systems or 
                activities;</DELETED>
                <DELETED>    (C) reveal formally named or numbered 
                United States military war plans that remain in effect, 
                or reveal operational or tactical elements of prior 
                plans that are contained in such active plans; 
                or</DELETED>
                <DELETED>    (D) reveal information, including foreign 
                government information, that would cause serious harm 
                to relations between the United States and a foreign 
                government, or to ongoing diplomatic activities of the 
                United States; and</DELETED>
        <DELETED>    (2) the threat posed by the public disclosure of 
        the missing Armed Forces and civilian personnel record or 
        information is of such gravity that it outweighs the public 
        interest in disclosure.</DELETED>
<DELETED>    (c) Exception.--Regardless of the date on which a missing 
Armed Forces and civilian personnel record was created, disclosure to 
the public of information in the missing Armed Forces and civilian 
personnel record may be postponed if--</DELETED>
        <DELETED>    (1) the public disclosure of the information 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;</DELETED>
        <DELETED>    (2) the public disclosure of the information could 
        reasonably be expected to constitute an unwarranted invasion of 
        personal privacy, and that invasion of privacy is so 
        substantial that it outweighs the public interest;</DELETED>
        <DELETED>    (3) the public disclosure of the information could 
        reasonably be expected to cause harm to the methods currently 
        in use or available for use by members of the Armed Forces to 
        survive, evade, resist, or escape; or</DELETED>
        <DELETED>    (4) the public disclosure of such information 
        would conflict with United States law or regulations.</DELETED>

<DELETED>SEC. 7. ESTABLISHMENT AND POWERS OF THE MISSING ARMED FORCES 
              AND CIVILIAN PERSONNEL RECORDS REVIEW BOARD.</DELETED>

<DELETED>    (a) Establishment.--There is established as an independent 
establishment in the executive branch a board to be known as the 
``Missing Armed Forces and Civilian Personnel Records Review 
Board''.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Appointments.--The President shall appoint, by 
        and with the advice and consent of the Senate, 5 individuals to 
        serve as a member of the Review Board to ensure and facilitate 
        the review, transmission to the Archivist, and public 
        disclosure of missing Armed Forces and civilian personnel 
        records.</DELETED>
        <DELETED>    (2) Qualifications.--The President shall appoint 
        individuals to serve as members of the Review Board--</DELETED>
                <DELETED>    (A) without regard to political 
                affiliation;</DELETED>
                <DELETED>    (B) who are citizens of the United States 
                of integrity and impartiality;</DELETED>
                <DELETED>    (C) who are not an employee of an 
                Executive agency on the date of the 
                appointment;</DELETED>
                <DELETED>    (D) who have high national professional 
                reputation in their fields who are capable of 
                exercising the independent and objective judgment 
                necessary to the fulfillment of their role in ensuring 
                and facilitating the identification, location, review, 
                transmission to the Archivist, and public disclosure of 
                missing Armed Forces and civilian personnel 
                records;</DELETED>
                <DELETED>    (E) who 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;</DELETED>
                <DELETED>    (F) not less than 1 of whom is a 
                professional historian; and</DELETED>
                <DELETED>    (G) not less than 1 of whom is an 
                attorney.</DELETED>
        <DELETED>    (3) Deadlines.--</DELETED>
                <DELETED>    (A) In general.--Not later than 60 days 
                after the date of enactment of this Act, the President 
                shall submit nominations for all members of the Review 
                Board.</DELETED>
                <DELETED>    (B) Confirmation rejected.--If the Senate 
                votes not to confirm a nomination to serve as a member 
                of the Review Board, not later than 90 days after the 
                date of the vote the President shall submit the 
                nomination of an additional individual to serve as a 
                member of the Review Board.</DELETED>
        <DELETED>    (4) Consultation.--The President shall make 
        nominations to the Review Board after considering individuals 
        recommended by the American Historical Association, the 
        Organization of American Historians, the Society of American 
        Archivists, the American Bar Association, veterans' 
        organizations, and organizations representing families of 
        missing Armed Forces and civilian personnel.</DELETED>
<DELETED>    (c) Security Clearances.--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 
security clearances necessary to carry out the duties of the Review 
Board, is expeditiously reviewed and granted or denied.</DELETED>
<DELETED>    (d) Confirmation.--</DELETED>
        <DELETED>    (1) Hearings.--Not later than 30 days on which the 
        Senate is in session after the date on which not less than 3 
        individuals have been nominated to serve as members of the 
        Review Board, the Committee on Homeland Security and 
        Governmental Affairs of the Senate shall hold confirmation 
        hearings on the nominations.</DELETED>
        <DELETED>    (2) Committee vote.--Not later than 14 days on 
        which the Senate is in session after the date on which the 
        Committee on Homeland Security and Governmental Affairs holds a 
        confirmation hearing on the nomination of an individual to 
        serve as a member of the Review Board, the committee shall vote 
        on the nomination and report the results to the full Senate 
        immediately.</DELETED>
        <DELETED>    (3) Senate vote.--Not later than 14 days on which 
        the Senate is in session after the date on which the Committee 
        on Homeland Security and Governmental Affairs reports the 
        results of a vote on a nomination of an individual to serve as 
        a member of the Review Board, the Senate shall vote on the 
        confirmation of the nominee.</DELETED>
<DELETED>    (e) Vacancy.--Not later than 60 days after the date on 
which a vacancy on the Review Board occurs, the vacancy shall be filled 
in the same manner as specified for original appointment.</DELETED>
<DELETED>    (f) Chairperson.--The members of the Review Board shall 
elect a member as Chairperson at the initial meeting of the Review 
Board.</DELETED>
<DELETED>    (g) Removal of Review Board Member.--</DELETED>
        <DELETED>    (1) In general.--A member of the Review Board 
        shall not be removed from office, other than--</DELETED>
                <DELETED>    (A) by impeachment by Congress; 
                or</DELETED>
                <DELETED>    (B) 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.</DELETED>
        <DELETED>    (2) Judicial review.--</DELETED>
                <DELETED>    (A) 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.</DELETED>
                <DELETED>    (B) Relief.--The member may be reinstated 
                or granted other appropriate relief by order of the 
                court.</DELETED>
<DELETED>    (h) Compensation of Members.--</DELETED>
        <DELETED>    (1) Basic pay.--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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
<DELETED>    (i) Duties of the Review Board.--</DELETED>
        <DELETED>    (1) In general.--The Review Board shall consider 
        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.</DELETED>
        <DELETED>    (2) Records.--In carrying out paragraph (1), the 
        Review Board shall consider and render a decision regarding--
        </DELETED>
                <DELETED>    (A) whether a record constitutes a missing 
                Armed Forces and civilian personnel record; 
                and</DELETED>
                <DELETED>    (B) whether a missing Armed Forces and 
                civilian personnel record, or particular information in 
                a missing Armed Forces and civilian personnel record, 
                qualifies for postponement of disclosure under this 
                Act.</DELETED>
<DELETED>    (j) Powers.--The Review Board shall have the authority to 
act in a manner prescribed under this Act, including authority to--
</DELETED>
        <DELETED>    (1) direct Government offices to transmit to the 
        Archivist missing Armed Forces and civilian personnel records 
        as required under this Act;</DELETED>
        <DELETED>    (2) 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;</DELETED>
        <DELETED>    (3) obtain access to missing Armed Forces and 
        civilian personnel records that have been identified by a 
        Government office;</DELETED>
        <DELETED>    (4) 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;</DELETED>
        <DELETED>    (5) hold such hearings, sit and act at such times 
        and places, take such testimony, receive such evidence, and 
        administer such oaths as the Review Board considers advisable 
        to carry out its responsibilities under this Act;</DELETED>
        <DELETED>    (6) hold individuals in contempt for failure to 
        comply with directives and mandates issued by the Review Board 
        under this Act, which shall not include the authority to 
        imprison or fine any individual;</DELETED>
        <DELETED>    (7) require any Government office to account in 
        writing for the destruction of any records relating to the 
        loss, fate, or status of missing Armed Forces and civilian 
        personnel;</DELETED>
        <DELETED>    (8) receive information from the public regarding 
        the identification and public disclosure of missing Armed 
        Forces and civilian personnel records; and</DELETED>
        <DELETED>    (9) 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (l) Oversight.--</DELETED>
        <DELETED>    (1) In general.--The Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Reform of the House of 
        Representatives shall have--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) upon request, access to any records 
                held or created by the Review Board.</DELETED>
        <DELETED>    (2) Duty of review board.--The Review Board shall 
        have the duty to cooperate with the exercise of oversight 
        jurisdiction under paragraph (1).</DELETED>
<DELETED>    (m) Support Services.--The Administrator of the General 
Services Administration shall provide administrative services for the 
Review Board on a reimbursable basis.</DELETED>
<DELETED>    (n) Interpretive Regulations.--The Review Board may issue 
interpretive regulations.</DELETED>
<DELETED>    (o) Termination and Winding Up.--</DELETED>
        <DELETED>    (1) In general.--Two 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 obligations, mandates, and directives under this 
        Act.</DELETED>
        <DELETED>    (2) Termination date.--The Review Board shall 
        terminate on the date that is 4 years after the date of 
        swearing in of the Board members.</DELETED>
        <DELETED>    (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 reporting requirements under this Act.</DELETED>
        <DELETED>    (4) Records.--Upon termination of the Review 
        Board, the Review Board shall transfer all records of the 
        Review Board to the Archivist for inclusion in the Collection, 
        and no record of the Review Board shall be destroyed.</DELETED>

<DELETED>SEC. 8. MISSING ARMED FORCES AND CIVILIAN PERSONNEL RECORDS 
              REVIEW BOARD PERSONNEL.</DELETED>

<DELETED>    (a) Executive Director.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Qualifications.--The individual appointed as 
        Executive Director of the Review Board--</DELETED>
                <DELETED>    (A) shall be a citizen of the United 
                States of integrity and impartiality;</DELETED>
                <DELETED>    (B) shall be appointed without regard to 
                political affiliation; and</DELETED>
                <DELETED>    (C) shall not have any conflict of 
                interest with the mission of the Review 
                Board.</DELETED>
        <DELETED>    (3) Security clearance.--</DELETED>
                <DELETED>    (A) Limit on appointment.--The Review 
                Board shall not appoint an individual as Executive 
                Director until after the date on which the individual 
                qualifies for the necessary security 
                clearance.</DELETED>
                <DELETED>    (B) Expedited provision.--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 Executive Director, seeking security clearances 
                necessary to carry out the duties of the Executive 
                Director, is expeditiously reviewed and granted or 
                denied.</DELETED>
        <DELETED>    (4) Duties.--The Executive Director shall--
        </DELETED>
                <DELETED>    (A) serve as principal liaison to 
                Government offices;</DELETED>
                <DELETED>    (B) be responsible for the administration 
                and coordination of the review of records by the Review 
                Board;</DELETED>
                <DELETED>    (C) be responsible for the administration 
                of all official activities conducted by the Review 
                Board; and</DELETED>
                <DELETED>    (D) not have the authority to decide or 
                determine whether any record should be disclosed to the 
                public or postponed for disclosure.</DELETED>
        <DELETED>    (5) Removal.--The Executive Director may be 
        removed by a majority vote of the Review Board.</DELETED>
<DELETED>    (b) Staff.--</DELETED>
        <DELETED>    (1) In general.--The Review Board may, in 
        accordance with the civil service laws, but without regard to 
        civil service law and regulation for competitive service as 
        defined in subchapter I of chapter 33 of title 5, United States 
        Code, appoint and terminate additional employees as are 
        necessary to enable the Review Board and the Executive Director 
        to perform their duties under this Act.</DELETED>
        <DELETED>    (2) Qualifications.--An individual appointed to a 
        position as an employee of the Review Board--</DELETED>
                <DELETED>    (A) shall be a citizen of the United 
                States of integrity and impartiality; and</DELETED>
                <DELETED>    (B) shall not have had any previous 
                involvement with any official investigation or inquiry 
                relating to the loss, fate, or status of missing Armed 
                Forces and civilian personnel.</DELETED>
        <DELETED>    (3) Security clearance.--</DELETED>
                <DELETED>    (A) Limit on appointment.--The Review 
                Board shall not appoint an individual as an employee of 
                the Review Board until after the date on which the 
                individual qualifies for the necessary security 
                clearance.</DELETED>
                <DELETED>    (B) Expedited provision.--The appropriate 
                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 clearances necessary to carry out the duties 
                of the position, is expeditiously reviewed and granted 
                or denied.</DELETED>
<DELETED>    (c) Compensation.--The Review Board shall fix the 
compensation of the Executive Director and other employees of the 
Review Board without 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 employees may not exceed the rate 
payable for level V of the Executive Schedule under section 5316 of 
title 5, United States Code.</DELETED>
<DELETED>    (d) Advisory Committees.--</DELETED>
        <DELETED>    (1) In general.--The Review Board may create 1 or 
        more advisory committees to assist in fulfilling the 
        responsibilities of the Review Board under this Act.</DELETED>
        <DELETED>    (2) Applicability of faca.--Any advisory committee 
        created by the Review Board shall be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).</DELETED>

<DELETED>SEC. 9. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND 
              CIVILIAN PERSONNEL RECORDS REVIEW BOARD.</DELETED>

<DELETED>    (a) Startup Requirements.--The Review Board shall--
</DELETED>
        <DELETED>    (1) not later than 90 days after the date on which 
        all members are sworn in, publish an initial 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</DELETED>
        <DELETED>    (2) not later than 180 days after the swearing in 
        of the Board members, begin reviewing of missing Armed Forces 
        and civilian personnel records, as necessary, under this 
        Act.</DELETED>
<DELETED>    (b) Determination of the Review Board.--</DELETED>
        <DELETED>    (1) In general.--The Review Board shall direct 
        that all records that relate, directly or indirectly, 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 Collection in the absence of clear and convincing 
        evidence that the record is not a missing Armed Forces and 
        civilian personnel record.</DELETED>
        <DELETED>    (2) Postponement.--In approving postponement 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--
        </DELETED>
                <DELETED>    (A) provide for the disclosure of 
                segregable parts, substitutes, or summaries of the 
                missing Armed Forces and civilian personnel record; 
                and</DELETED>
                <DELETED>    (B) 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:</DELETED>
                        <DELETED>    (i) Any reasonably segregable 
                        particular information in a missing Armed 
                        Forces and civilian personnel record.</DELETED>
                        <DELETED>    (ii) A substitute record for that 
                        information which is postponed.</DELETED>
                        <DELETED>    (iii) A summary of a missing Armed 
                        Forces and civilian personnel record.</DELETED>
        <DELETED>    (3) Reporting.--With respect to a missing Armed 
        Forces and civilian personnel record, or information within a 
        missing Armed Forces and civilian personnel record, the public 
        disclosure of which is postponed under this Act, or for which 
        only substitutions or summaries have been disclosed to the 
        public, the Review Board shall create and transmit to the 
        Archivist an unclassified and publicly releasable report 
        containing--</DELETED>
                <DELETED>    (A) a description of actions by the Review 
                Board, the originating body, 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; and</DELETED>
                <DELETED>    (B) a statement, based on a review of the 
                proceedings and in conformity with the decisions 
                reflected therein, designating a recommended specified 
                time at which, or a specified 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, reasonably 
                calculated to make interested members of the public 
                aware of the existence of the statement.</DELETED>
        <DELETED>    (4) Actions after determination.--</DELETED>
                <DELETED>    (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 and held in the protected 
                Collection, the Review Board shall notify the head of 
                the originating body of the determination and highlight 
                and make available the determination on a publicly 
                accessible website reasonably calculated to make 
                interested members of the public aware of the existence 
                of the determination.</DELETED>
                <DELETED>    (B) Oversight notice.--Simultaneous with 
                notice under subparagraph (A), the Review Board shall 
                provide notice of a determination concerning the public 
                disclosure or postponement 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 
                disclosure or postponement of disclosure, including an 
                explanation of the application of any standards in 
                section 6 to the President, to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, and the Committee on Oversight and Reform of 
                the House of Representatives.</DELETED>
        <DELETED>    (5) Referral after termination.--A missing Armed 
        Forces and civilian personnel record that is identified, 
        located, or otherwise discovered after 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 enforcement 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.</DELETED>
<DELETED>    (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 disclosure of a missing Armed Forces and 
civilian personnel record, the Review Board shall highlight and make 
accessible 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, including a description of the subject, originating body, 
length or other physical description, and each ground for postponement 
that is relied upon.</DELETED>
<DELETED>    (d) Reports by the Review Board.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the Committee on Oversight and Reform 
                of the House of Representatives;</DELETED>
                <DELETED>    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (C) the President;</DELETED>
                <DELETED>    (D) the Archivist; and</DELETED>
                <DELETED>    (E) the head of any Government office the 
                records of which have been the subject of Review Board 
                activity.</DELETED>
        <DELETED>    (2) Contents.--Each report under paragraph (1) 
        shall include the following information:</DELETED>
                <DELETED>    (A) A financial report of the expenses for 
                all official activities and requirements of the Review 
                Board and its employees.</DELETED>
                <DELETED>    (B) The progress made on review, 
                transmission to the Archivist, and public disclosure of 
                missing Armed Forces and civilian personnel 
                records.</DELETED>
                <DELETED>    (C) The estimated time and volume of 
                missing Armed Forces and civilian personnel records 
                involved in the completion of the duties of the Review 
                Board under this Act.</DELETED>
                <DELETED>    (D) Any special problems, including 
                requests and the level of cooperation of Government 
                offices, with regard to the ability of the Review Board 
                to carry out its duties under this Act.</DELETED>
                <DELETED>    (E) A record of review activities, 
                including a record of postponement decisions by the 
                Review Board or other related actions authorized under 
                this Act, and a record of the volume of records 
                reviewed and postponed.</DELETED>
                <DELETED>    (F) Suggestions and requests to Congress 
                for additional legislative authority needs.</DELETED>
                <DELETED>    (G) An appendix containing copies of 
                reports relating to postponed records submitted to the 
                Archivist under subsection (b)(3) since the end of the 
                period covered by the most recent report under 
                paragraph (1).</DELETED>
        <DELETED>    (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 Congress of the intent of the Review Board to 
        terminate operations at a specified date.</DELETED>

<DELETED>SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
              STUDY.</DELETED>

<DELETED>    (a) Materials Under Seal of Court.--</DELETED>
        <DELETED>    (1) In general.--The Review Board may request 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.</DELETED>
        <DELETED>    (2) Grand jury information.--</DELETED>
                <DELETED>    (A) In general.--The Review Board may 
                request the Attorney General to petition any court of 
                the United States to release any information relevant 
                to loss, fate, or status of missing Armed Forces and 
                civilian personnel that is held under the injunction of 
                secrecy of a grand jury.</DELETED>
                <DELETED>    (B) Treatment.--A request for disclosure 
                of missing Armed Forces and civilian personnel 
                materials under this Act shall be deemed to constitute 
                a showing of particularized need under rule 6 of the 
                Federal Rules of Criminal Procedure.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the Secretary of State should--</DELETED>
                <DELETED>    (A) contact the Governments of the Russian 
                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</DELETED>
                <DELETED>    (B) contact any other foreign government 
                that may hold information relevant to the loss, fate, 
                or status of missing Armed Forces and civilian 
                personnel, and seek disclosure of such information; 
                and</DELETED>
        <DELETED>    (3) all agencies should cooperate in full with the 
        Review Board to seek the disclosure of all information relevant 
        to the loss, fate, or status of missing Armed Forces and 
        civilian personnel consistent with the public 
        interest.</DELETED>

<DELETED>SEC. 11. RULES OF CONSTRUCTION.</DELETED>

<DELETED>    (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 transmission 
or disclosure, with the exception of deeds governing access to or 
transfer or release of gifts and donations of records to the United 
States Government.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 custody, possession, or 
control.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 12. REQUESTS FOR EXTENSIONS.</DELETED>

<DELETED>    The head of a Government office required to comply with a 
deadline under this Act that is based off the confirmation date of the 
members of the Missing Armed Forces and Civilian Personnel Records 
Review Board may request an extension from the Board for good cause. If 
the Board agrees to the request, the deadline applicable to the 
Government office for the purpose of such requirement shall be such 
later date as the Board may determine appropriate.</DELETED>

<DELETED>SEC. 13. TERMINATION OF EFFECT OF ACT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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 missing Armed Forces and 
civilian personnel records have been made available to the public in 
accordance with this Act.</DELETED>

<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act, to remain available until 
expended.</DELETED>

<DELETED>SEC. 15. SEVERABILITY.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bring Our Heroes Home Act''.

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

    (a) Findings and Declarations.--Congress finds and declares the 
following:
            (1) A vast number of records relating to missing Armed 
        Forces and civilian personnel have not been identified, 
        located, or transferred to the National Archives following 
        review and declassification. Only in the rarest cases is there 
        any legitimate need for continued protection of records 
        pertaining to missing Armed Forces and civilian personnel who 
        have been missing for decades.
            (2) There has been insufficient priority placed on 
        identifying, locating, reviewing, or declassifying records 
        relating to missing Armed Forces and civilian personnel and 
        then transferring the records to the National Archives for 
        public access.
            (3) Mandates for declassification set forth in multiple 
        Executive orders have been broadly written, loosely 
        interpreted, and often ignored by Federal agencies in 
        possession and control of records related to missing Armed 
        Forces and civilian personnel.
            (4) No individual or entity has been tasked with oversight 
        of the identification, collection, review, and declassification 
        of records related to missing Armed Forces and civilian 
        personnel.
            (5) The interest, desire, workforce, and funding of Federal 
        agencies to assemble, review, and declassify records relating 
        to missing Armed Forces and civilian personnel have been 
        lacking.
            (6) All records of the Federal Government relating to 
        missing Armed Forces and civilian personnel should be preserved 
        for historical and governmental purposes and for public 
        research.
            (7) All records of the Federal Government relating to 
        missing Armed Forces and civilian personnel should carry a 
        presumption of declassification, and all such records should be 
        disclosed under this Act to enable the fullest possible 
        accounting for missing Armed Forces and civilian personnel.
            (8) Legislation is necessary to create an enforceable, 
        independent, and accountable process for the public disclosure 
        of records relating to missing Armed Forces and civilian 
        personnel.
            (9) Legislation is necessary because section 552 of title 
        5, United States Code (commonly known as the ``Freedom of 
        Information Act''), as implemented by Federal agencies, has 
        prevented the timely public disclosure of records relating to 
        missing Armed Forces and civilian personnel.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the creation of the Missing Armed Forces 
        and Civilian Personnel Records Collection at the National 
        Archives; and
            (2) to require the expeditious public transmission to the 
        Archivist and public disclosure of missing Armed Forces and 
        civilian personnel records, subject to narrow exceptions, as 
        set forth in this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Archivist.--The term ``Archivist'' means Archivist of 
        the United States.
            (2) Collection.--The term ``Collection'' means the Missing 
        Armed Forces and Civilian Personnel Records Collection 
        established under section 4(a).
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Government Ethics.
            (4) Executive agency.--The term ``Executive agency''--
                    (A) means an agency, as defined in section 552(f) 
                of title 5, United States Code;
                    (B) includes any Executive department, military 
                department, Government corporation, Government 
                controlled corporation, or other establishment in the 
                executive branch of the Federal Government, including 
                the Executive Office of the President, any branch of 
                the Armed Forces, and any independent regulatory 
                agency; and
                    (C) does not include any non-appropriated agency, 
                department, corporation, or establishment.
            (5) Executive branch missing armed forces and civilian 
        personnel record.--The term ``executive branch missing Armed 
        Forces and civilian personnel record'' means a missing Armed 
        Forces and civilian personnel record of an Executive agency, or 
        information contained in such a missing Armed Forces and 
        civilian personnel record obtained by or developed within the 
        executive branch of the Federal Government.
            (6) Government office.--The term ``Government office'' 
        means an Executive agency, the Library of Congress, or the 
        National Archives.
            (7) Missing armed forces and civilian personnel.--
                    (A) Definition.--The term ``missing Armed Forces 
                and civilian personnel'' means one or more missing 
                persons; and
                    (B) Inclusions.--The term ``missing Armed Forces 
                and civilian personnel'' includes an individual who was 
                a missing person and whose status was later changed to 
                ``missing and presumed dead''.
            (8) Missing armed forces and civilian personnel record.--
        The term ``missing Armed Forces and civilian personnel record'' 
        means a record that relates, directly or indirectly, to the 
        loss, fate, or status of missing Armed Forces and civilian 
        personnel that--
                    (A) was created or made available for use by, 
                obtained by, or otherwise came into the custody, 
                possession, or control of--
                            (i) any Government office;
                            (ii) any Presidential library; or
                            (iii) any of the Armed Forces; and
                    (B) relates to 1 or more missing Armed Forces and 
                civilian personnel who became missing persons during 
                the period--
                            (i) beginning on December 7, 1941; and
                            (ii) ending on the date of enactment of 
                        this Act.
            (9) Missing person.--The term ``missing person'' means--
                    (A) a person described in paragraph (1) of section 
                1513 of title 10, United States Code; and
                    (B) any other civilian employee of the Federal 
                Government or an employee of a contractor of the 
                Federal Government who serves in direct support of, or 
                accompanies, the Armed Forces in the field under orders 
                and who is in a missing status (as that term is defined 
                in paragraph (2) of such section 1513).
            (10) National archives.--The term ``National Archives''--
                    (A) means the National Archives and Records 
                Administration; and
                    (B) includes any component of the National Archives 
                and Records Administration (including Presidential 
                archival depositories established under section 2112 of 
                title 44, United States Code).
            (11) Official investigation.--The term ``official 
        investigation'' means a review, briefing, inquiry, or hearing 
        relating to missing Armed Forces and civilian personnel 
        conducted by a Presidential commission, committee of Congress, 
        or agency, regardless of whether it is conducted independently, 
        at the request of any Presidential commission or committee of 
        Congress, or at the request of any official of the Federal 
        Government.
            (12) Originating body.--The term ``originating body'' means 
        the Government office or other initial source that created a 
        record or particular information within a record.
            (13) Public interest.--The term ``public interest'' means 
        the compelling interest in the prompt public disclosure of 
        missing Armed Forces and civilian personnel records for 
        historical and governmental purposes, for public research, and 
        for the purpose of fully informing the people of the United 
        States, most importantly families of missing Armed Forces and 
        civilian personnel, about the fate of the missing Armed Forces 
        and civilian personnel and the process by which the Federal 
        Government has sought to account for them.
            (14) Record.--The term ``record'' has the meaning given the 
        term ``records'' in section 3301 of title 44, United States 
        Code.
            (15) Review board.--The term ``Review Board'' means the 
        Missing Armed Forces and Civilian Personnel Records Review 
        Board established under section 5.

SEC. 4. MISSING ARMED FORCES AND CIVILIAN PERSONNEL RECORDS COLLECTION 
              AT THE NATIONAL ARCHIVES.

    (a) Establishment of Collection.--Not later than 90 days after a 
quorum of the Missing Armed Forces and Civilian Personnel Records 
Review Board has been established under section 7, the Archivist 
shall--
            (1) commence establishment of a collection of records to be 
        known as the ``Missing Armed Forces and Civilian Personnel 
        Records Collection'';
            (2) commence preparing the subject guidebook and index to 
        the Collection; and
            (3) establish criteria and acceptable formats for Executive 
        agencies to follow when transmitting copies of missing Armed 
        Forces and civilian personnel records to the Archivist, to 
        include required metadata.
    (b) Regulations.--Not later than 90 days after the date of the 
swearing in of the Board members, the Review Board shall promulgate 
rules to establish guidelines and processes for the disclosure of 
records contained in the Collection.
    (c) Oversight.--
            (1) Senate.--The Committee on Homeland Security and 
        Governmental Affairs of the Senate shall have continuing 
        jurisdiction, including legislative oversight jurisdiction, in 
        the Senate with respect to the Collection.
            (2) House of representatives.--The Committee on Oversight 
        and Accountability of the House of Representatives shall have 
        continuing jurisdiction, including legislative oversight 
        jurisdiction, in the House of Representatives with respect to 
        the Collection.

SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, 
              AND PUBLIC DISCLOSURE OF MISSING ARMED FORCES AND 
              CIVILIAN PERSONNEL RECORDS BY GOVERNMENT OFFICES.

    (a) In General.--
            (1) Preparation.--As soon as practicable after the date of 
        enactment of this Act, and sufficiently in advance of the 
        deadlines established under this Act, each Government office 
        shall--
                    (A) identify and locate any missing Armed Forces 
                and civilian personnel records in the custody, 
                possession, or control of the Government office, 
                including intelligence reports, congressional 
                inquiries, memoranda to or from the White House and 
                other Federal departments and agencies, Prisoner of War 
                (POW) debriefings, live sighting reports, documents 
                relating to POW camps, movement of POWs, exploitation 
                of POWs, experimentation on POWs, or status changes 
                from Missing in Action (MIA) to Killed in Action (KIA); 
                and
                    (B) prepare for transmission to the Archivist in 
                accordance with the criteria and acceptable formats 
                established by the Archivist a copy of any missing 
                Armed Forces and civilian personnel records that have 
                not previously been transmitted to the Archivist by the 
                Government office.
            (2) Certification.--Each Government office shall submit to 
        the Archivist, under penalty of perjury, a certification 
        indicating--
                    (A) whether the Government office has conducted a 
                thorough search for all missing Armed Forces and 
                civilian personnel records in the custody, possession, 
                or control of the Government office; and
                    (B) whether a copy of any missing Armed Forces and 
                civilian personnel record has not been transmitted to 
                the Archivist.
            (3) Preservation.--No missing Armed Forces and civilian 
        personnel record shall be destroyed, altered, or mutilated in 
        any way.
            (4) Effect of previous disclosure.--Information that was 
        made available or disclosed to the public before the date of 
        enactment of this Act in a missing Armed Forces and civilian 
        personnel record may not be withheld, redacted, postponed for 
        public disclosure, or reclassified.
            (5) Withheld and substantially redacted records.--For any 
        missing Armed Forces and civilian personnel record that is 
        transmitted to the Archivist which a Government office proposes 
        to substantially redact or withhold in full from public access, 
        the head of the Government office shall submit an unclassified 
        and publicly releasable report to the Archivist, the Review 
        Board, and each appropriate committee of the Senate and the 
        House of Representatives justifying the decision of the 
        Government office to substantially redact or withhold the 
        record by demonstrating that the release of information would 
        clearly and demonstrably be expected to cause an articulated 
        harm, and that the harm would be of such gravity as to outweigh 
        the public interest in access to the information.
    (b) Review.--
            (1) In general.--Except as provided under paragraph (5), 
        not later than 180 days after a quorum of the Missing Armed 
        Forces and Civilian Personnel Records Review Board has been 
        established under section 7, each Government office shall, in 
        accordance with the criteria and acceptable formats established 
        by the Archivist--
                    (A) identify, locate, copy, and review each missing 
                Armed Forces and civilian personnel record in the 
                custody, possession, or control of the Government 
                office for transmission to the Archivist and disclosure 
                to the public or, if needed, review by the Review 
                Board; and
                    (B) cooperate fully, in consultation with the 
                Archivist, in carrying out paragraph (3).
            (2) Requirement.--The Review Board shall promulgate rules 
        for the disclosure of relevant records by Government offices 
        under paragraph (1).
            (3) National archives records.--Not later than 180 days 
        after a quorum of the Missing Armed Forces and Civilian 
        Personnel Records Review Board has been established under 
        section 7, the Archivist shall--
                    (A) locate and identify all missing Armed Forces 
                and civilian personnel records in the custody of the 
                National Archives as of the date of enactment of this 
                Act that remain classified, in whole or in part;
                    (B) notify a Government office if the Archivist 
                locates and identifies a record of the Government 
                office under subparagraph (A); and
                    (C) make each classified missing Armed Forces and 
                civilian personnel record located and identified under 
                subparagraph (A) available for review by Executive 
                agencies through the National Declassification Center 
                established under Executive Order 13526 or any 
                successor order.
            (4) Records already public.--A missing Armed Forces and 
        civilian personnel record that is in the custody of the 
        National Archives on the date of enactment of this Act and that 
        has been publicly available in its entirety without redaction 
        shall be made available in the Collection without any 
        additional review by the Archivist, the Review Board, or any 
        other Government office under this Act.
            (5) Exemptions.--
                    (A) Department of defense pow/mia accounting 
                agency.--The Defense POW/MIA Accounting Agency (DPAA) 
                is exempt from the requirement under this subsection to 
                declassify and transmit to the Archivist documents in 
                its custody or control that pertain to a specific case 
                or cases that DPAA is actively investigating or 
                developing for the purpose of locating, disinterring, 
                or identifying a missing member of the Armed Forces
                    (B) Department of defense military service casualty 
                offices and department of state service casualty 
                offices.--The Department of Defense Military Service 
                Casualty Offices and the Department of State Service 
                Casualty Offices are exempt from the requirement to 
                declassify and transmit to the Archivist documents in 
                their custody or control that pertain to individual 
                cases with respect to which the office is lending 
                support and assistance to the families of missing 
                individuals.
    (c) Transmission to the National Archives.--Each Government office 
shall--
            (1) not later than 180 days after a quorum of the Missing 
        Armed Forces and Civilian Personnel Records Review Board has 
        been established under section 7, commence transmission to the 
        Archivist of copies of the missing Armed Forces and civilian 
        personnel records in the custody, possession, or control of the 
        Government office; and
            (2) not later than 1 year after a quorum of the Missing 
        Armed Forces and Civilian Personnel Records Review Board has 
        been established under section 7, complete transmission to the 
        Archivist of copies of all missing Armed Forces and civilian 
        personnel records in the possession or control of the 
        Government office.
    (d) Periodic Review of Postponed Missing Armed Forces and Civilian 
Personnel Records.--
            (1) In general.--All missing Armed Forces and civilian 
        personnel records, or information within a missing Armed Forces 
        and civilian personnel record, the public disclosure of which 
        has been postponed under the standards under this Act shall be 
        reviewed by the originating body--
                    (A)(i) periodically, but not less than every 5 
                years, after the date on which the Review Board 
                terminates under section 7(o); and
                    (ii) at the direction of the Archivist; and
                    (B) consistent with the recommendations of the 
                Review Board under section 9(b)(3)(B).
            (2) Contents.--
                    (A) In general.--A periodic review of a missing 
                Armed Forces and civilian personnel record, or 
                information within a missing Armed Forces and civilian 
                personnel record, by the originating body shall address 
                the public disclosure of the missing Armed Forces and 
                civilian personnel record under the standards under 
                this Act.
                    (B) Continued postponement.--If an originating body 
                conducting a periodic review of a missing Armed Forces 
                and civilian personnel record, or information within a 
                missing Armed Forces and civilian personnel record, the 
                public disclosure of which has been postponed under the 
                standards under this Act, determines that continued 
                postponement is required, the originating body shall 
                provide to the Archivist an unclassified written 
                description of the reason for the continued 
                postponement that the Archivist shall highlight and 
                make accessible on a publicly accessible website 
                administered by the National Archives.
                    (C) Scope.--The periodic review of postponed 
                missing Armed Forces and civilian personnel records, or 
                information within a missing Armed Forces and civilian 
                personnel record, shall serve the purpose stated in 
                section 2(b)(2), to provide expeditious public 
                disclosure of missing Armed Forces and civilian 
                personnel records, to the fullest extent possible, 
                subject only to the grounds for postponement of 
                disclosure under section 6.
                    (D) Disclosure absent certification by president.--
                Not later than 10 years after a quorum of the Missing 
                Armed Forces and Civilian Personnel Records Review 
                Board has been established under section 7, all missing 
                Armed Forces and civilian personnel records, and 
                information within a missing Armed Forces and civilian 
                personnel record, shall be publicly disclosed in full, 
                and available in the Collection, unless--
                            (i) the head of the originating body, 
                        Executive agency, or other Government office 
                        recommends in writing that continued 
                        postponement is necessary;
                            (ii) the written recommendation described 
                        in clause (i)--
                                    (I) is provided to the Archivist in 
                                unclassified and publicly releasable 
                                form not later than 180 days before the 
                                date that is 10 years after a quorum of 
                                the Missing Armed Forces and Civilian 
                                Personnel Records Review Board has been 
                                established under section 7; and
                                    (II) includes--
                                            (aa) a justification of the 
                                        recommendation to postpone 
                                        disclosure with clear and 
                                        convincing evidence that the 
                                        identifiable harm is of such 
                                        gravity that it outweighs the 
                                        public interest in disclosure; 
                                        and
                                            (bb) a recommended 
                                        specified time at which or a 
                                        specified occurrence following 
                                        which the material may be 
                                        appropriately disclosed to the 
                                        public under this Act;
                            (iii) the Archivist transmits all 
                        recommended postponements and the 
                        recommendation of the Archivist to the 
                        President not later than 90 days before the 
                        date that is 10 years after the date a quorum 
                        of the Missing Armed Forces and Civilian 
                        Personnel Records Review Board has been 
                        established under section 7; and
                            (iv) the President transmits to the 
                        Archivist a certification indicating that 
                        continued postponement is necessary and the 
                        identifiable harm, as demonstrated by clear and 
                        convincing evidence, is of such gravity that it 
                        outweighs the public interest in disclosure not 
                        later than the date that is 10 years after a 
                        quorum of the Missing Armed Forces and Civilian 
                        Personnel Records Review Board has been 
                        established under section 7.

SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

    (a) In General.--Disclosure to the public of a missing Armed Forces 
and civilian personnel record or particular information in a missing 
Armed Forces and civilian personnel record created after the date that 
is 25 years before the date of the review of the missing Armed Forces 
and civilian personnel record by the Archivist may be postponed subject 
to the limitations under this Act only--
            (1) if it pertains to--
                    (A) military plans, weapons systems, or operations;
                    (B) foreign government information;
                    (C) intelligence activities (including covert 
                action), intelligence sources or methods, or 
                cryptology;
                    (D) foreign relations or foreign activities of the 
                United States, including confidential sources;
                    (E) scientific, technological, or economic matters 
                relating to the national security;
                    (F) United States Government programs for 
                safeguarding nuclear materials or facilities;
                    (G) vulnerabilities or capabilities of systems, 
                installations, infrastructures, projects, plans, or 
                protection services relating to the national security; 
                or
                    (H) the development, production, or use of weapons 
                of mass destruction; and
            (2) the threat posed by the public disclosure of the 
        missing Armed Forces and civilian personnel record or 
        information is of such gravity that it outweighs the public 
        interest in disclosure.
    (b) Older Records.--Disclosure to the public of a missing Armed 
Forces and civilian personnel record or particular information in a 
missing Armed Forces and civilian personnel record created on or before 
the date that is 25 years before the date of the review of the missing 
Armed Forces and civilian personnel record by the Archivist may be 
postponed subject to the limitations under this Act only if, as 
demonstrated by clear and convincing evidence--
            (1) the release of the information would be expected to--
                    (A) reveal the identity of a confidential human 
                source, a human intelligence source, a relationship 
                with an intelligence or security service of a foreign 
                government or international organization, or a nonhuman 
                intelligence source, or impair the effectiveness of an 
                intelligence method currently in use, available for 
                use, or under development;
                    (B) reveal information that would impair United 
                States cryptologic systems or activities;
                    (C) reveal formally named or numbered United States 
                military war plans that remain in effect, or reveal 
                operational or tactical elements of prior plans that 
                are contained in such active plans; or
                    (D) reveal information, including foreign 
                government information, that would cause serious harm 
                to relations between the United States and a foreign 
                government, or to ongoing diplomatic activities of the 
                United States; and
            (2) the threat posed by the public disclosure of the 
        missing Armed Forces and civilian personnel record or 
        information is of such gravity that it outweighs the public 
        interest in disclosure.
    (c) Exception.--Regardless of the date on which a missing Armed 
Forces and civilian personnel record was created, disclosure to the 
public of information in the missing Armed Forces and civilian 
personnel record may be postponed if--
            (1) the public disclosure of the information 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;
            (2) the public disclosure of the information could 
        reasonably be expected to constitute an unwarranted invasion of 
        personal privacy, and that invasion of privacy is so 
        substantial that it outweighs the public interest;
            (3) the public disclosure of the information could 
        reasonably be expected to cause harm to the methods currently 
        in use or available for use by members of the Armed Forces to 
        survive, evade, resist, or escape; or
            (4) the public disclosure of such information would 
        conflict with United States law or regulations.

SEC. 7. ESTABLISHMENT AND POWERS OF THE MISSING ARMED FORCES AND 
              CIVILIAN PERSONNEL RECORDS REVIEW BOARD.

    (a) Establishment.--There is established as an independent 
establishment in the executive branch a board to be known as the 
``Missing Armed Forces and Civilian Personnel Records Review Board'' to 
ensure and facilitate the review, transmission to the Archivist, and 
public disclosure of missing Armed Forces and civilian personnel 
records.
    (b) Membership.--
            (1) Appointments.--The Review Board shall be composed of 5 
        members appointed by the President, of whom--
                    (A) 1 shall be appointed by the President, in 
                consultation with the Archivist of the United States 
                and by and with the advice and consent of the Senate, 
                and shall serve as the Chairperson of the Review Board;
                    (B) 1 shall be recommended by the majority leader 
                of the Senate;
                    (C) 1 shall be recommended by the minority leader 
                of the Senate;
                    (D) 1 shall be recommended by the Speaker of the 
                House of Representatives; and
                    (E) 1 shall be recommended by the minority leader 
                of the House of Representatives.
            (2) Qualifications.--The members of the Review Board 
        shall--
                    (A) be appointed without regard to political 
                affiliation;
                    (B) be citizens of the United States of integrity 
                and impartiality;
                    (C) not be employees of an Executive agency on the 
                date of the appointment;
                    (D) have high national professional reputation in 
                their fields and be capable of exercising the 
                independent and objective judgment necessary to the 
                fulfillment of their role in ensuring and facilitating 
                the identification, location, review, transmission to 
                the Archivist, and public 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 historian; and
                    (G) include at least 1 attorney.
            (3) Consultation with the office of government ethics.--In 
        considering persons to be appointed to the Review Board, the 
        President shall consult with the Director of the Office of 
        Government Ethics to--
                    (A) determine criteria for possible conflicts of 
                interest of members of the Review Board, consistent 
                with ethics laws, statutes, and regulations 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 determined.
            (4) Consultation.--Appointments to the Review Board shall 
        be made after considering individuals recommended by the 
        American Historical Association, the Organization of American 
        Historians, the Society of American Archivists, the American 
        Bar Association, veterans' organizations, and organizations 
        representing families of missing Armed Forces and civilian 
        personnel.
    (c) Security Clearances.--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 security clearances necessary 
to carry out the duties of the Review Board, is expeditiously reviewed 
and granted or denied.
    (d) Consideration by the Senate.--Nominations for appointment under 
subsection (b)(1)(A) shall be referred to the Committee on Homeland 
Security and Governmental 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 vacancy shall be filled in the 
same manner as specified for original appointment.
    (f) Chairperson Needed for Quorum.--A majority of the members of 
the Review Board, including the Chairperson appointed and confirmed 
pursuant to subsection (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 
                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.
            (2) Judicial review.--
                    (A) 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.
                    (B) Relief.--The member may be reinstated 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 removal 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 executive branch and 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) 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.
    (i) Duties of the Review Board.--
            (1) In general.--The Review Board shall consider 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 decision 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 information in a 
                missing Armed Forces and civilian personnel record, 
                qualifies for postponement of disclosure under this 
                Act.
    (j) Powers.--The Review Board shall have the authority to act in a 
manner prescribed under this Act, including authority to--
            (1) direct Government offices to transmit to the Archivist 
        missing Armed Forces and civilian personnel records as required 
        under this Act;
            (2) 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;
            (3) obtain access to missing Armed Forces and civilian 
        personnel records that have been identified by a Government 
        office;
            (4) 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;
            (5) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths as the Review Board considers advisable 
        to carry out its responsibilities under this Act;
            (6) hold individuals in contempt for failure to comply with 
        directives and mandates issued by the Review Board under this 
        Act, which shall not include the authority to imprison or fine 
        any individual;
            (7) require any Government office to account in writing for 
        the destruction of any records relating to the loss, fate, or 
        status of missing Armed Forces and civilian personnel;
            (8) receive information from the public regarding the 
        identification and public disclosure of missing Armed Forces 
        and civilian personnel records; and
            (9) 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.
    (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) In general.--The Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Oversight and 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 Review Board; and
                    (B) not later than 10 days after submitting 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 exercise of oversight jurisdiction 
        under paragraph (1).
            (3) Security clearances.--The Chairman and Ranking Members 
        of the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Oversight and Accountability 
        of the House of Representatives, and designated Committee 
        staff, shall be granted all security clearances and accesses 
        held by the Review Board, including to relevant Presidential 
        and department or agency special access and compartmented 
        access programs.
    (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) In general.--Two 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 
        obligations, mandates, and directives under this Act.
            (2) Termination date.--The Review Board shall terminate on 
        the date that is 4 years after the date of swearing in of the 
        Board members.
            (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 
        reporting requirements under this Act.
            (4) Records.--Upon termination of the Review Board, the 
        Review Board shall transfer all records of the Review Board to 
        the Archivist for inclusion in the Collection, and no record of 
        the Review Board shall be destroyed.

SEC. 8. MISSING ARMED FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW 
              BOARD PERSONNEL.

    (a) Executive Director.--
            (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 appointed as Executive 
        Director of the Review Board--
                    (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 government ethics.--In 
        their consideration of the person to be appointed to the 
        position of Executive Director 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 the Executive Director of the Review Board, 
                consistent with ethics laws, statutes, and regulations 
                for executive branch employees; and
                    (B) ensure that no individual selected for such 
                position of Executive Director of the Review Board 
                possesses a conflict of interest as so determined.
            (4) Security clearance.--
                    (A) Limit on appointment.--The Review Board shall 
                not appoint an individual as Executive Director until 
                after the date on which the individual qualifies for 
                the necessary security clearance.
                    (B) Expedited provision.--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 Executive Director, 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 Government 
                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 determine 
                whether any record should be disclosed to the public or 
                postponed for disclosure.
            (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 competitive service as defined in subchapter 
        I of chapter 33 of title 5, United States Code, appoint and 
        terminate additional employees as are necessary to enable the 
        Review Board and the Executive Director to perform their duties 
        under this Act. The Executive Director and other employees of 
        the Review Board shall be treated as employees of the executive 
        branch.
            (2) 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 involvement 
                with any official investigation or inquiry relating to 
                the loss, fate, or status of missing Armed Forces and 
                civilian personnel.
            (3) Consultation with the office of government ethics.--In 
        their consideration of persons 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, consistent with 
                ethics laws, statutes, and regulations for executive 
                branch employees; and
                    (B) ensure that no individual selected for such 
                position of staff of the Review Board possesses a 
                conflict of interest as so determined.
            (4) Security clearance.--
                    (A) Limit on appointment.--The Review Board shall 
                not appoint an individual as an employee of the Review 
                Board until after the date on which the individual 
                qualifies for the necessary security clearance.
                    (B) Expedited provision.--The appropriate 
                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 clearances necessary to carry out the duties 
                of the position, is expeditiously reviewed and granted 
                or denied.
    (c) Compensation.--The Review Board shall fix the compensation of 
the Executive Director and such employees without 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 
employees 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 create 1 or more 
        advisory committees to assist in fulfilling the 
        responsibilities of the Review Board under this Act.
            (2) Applicability of faca.--Any advisory committee created 
        by the Review Board shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).

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 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 
        Board members, begin reviewing of 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 direct that all 
        records that relate, directly or indirectly, 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 
        Collection 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 postponement 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--
                    (A) provide for the disclosure of segregable parts, 
                substitutes, or summaries of the missing Armed Forces 
                and civilian personnel record; and
                    (B) 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 missing Armed Forces and 
                        civilian personnel record.
                            (ii) A substitute record for that 
                        information 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 information within a missing 
        Armed Forces and civilian personnel record, the public 
        disclosure of which is postponed under this Act, or for which 
        only substitutions or summaries have been disclosed to the 
        public, the Review Board shall create and transmit to the 
        Archivist, the Committee on Homeland Security and Governmental 
        Affairs of the Senate, and the Committee on Oversight and 
        Accountability 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 action to 
                postpone disclosure of any record or part of any 
                record) and of any official proceedings conducted by 
                the Review Board; and
                    (B) a statement, based on a review of the 
                proceedings and in conformity with the decisions 
                reflected therein, designating a recommended specified 
                time at which, or a specified 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, reasonably 
                calculated to make interested members of the public 
                aware of the existence of the statement.
            (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 and held in the protected 
                Collection, the Review Board shall notify the head of 
                the originating body of the determination and highlight 
                and make available the determination on a publicly 
                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 postponement 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 
                disclosure or postponement of disclosure, including an 
                explanation of the application of any standards in 
                section 6 to the President, to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, and the Committee on Oversight and Reform of 
                the House of Representatives.
            (5) Referral after termination.--A missing Armed Forces and 
        civilian personnel record that is identified, located, or 
        otherwise discovered after 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 enforcement 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 disclosure of a missing Armed Forces and civilian 
personnel record, the Review Board shall highlight and make accessible 
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, including a description of the subject, originating body, 
length or other physical 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 Reform 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 Review 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, transmission 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 records involved in the 
                completion of the duties of the Review Board 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 carry out 
                its duties under this Act.
                    (E) A record of review activities, including a 
                record of postponement decisions by the Review 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 reports 
                relating to postponed records submitted to the 
                Archivist under subsection (b)(3) since the end of the 
                period covered by the most recent report under 
                paragraph (1).
            (3) Copies and briefs.--Coincident with the reporting 
        requirements in paragraph (2), or more frequently as warranted 
        by new information, the Review Board shall provide copies to, 
        and fully brief, at a minimum, the President, the Archivist, 
        leadership of Congress, the Chairman and Ranking Members of the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Accountability of the 
        House of Representatives, and the Chairs and Chairmen, as the 
        case may be, and Ranking Members and Vice Chairmen, as the case 
        may be, of such other committees as leadership of Congress 
        determines appropriate on the Controlled Disclosure Campaign 
        Plan, classified appendix, and postponed disclosures, 
        specifically addressing--
                    (A) recommendations for periodic review, 
                downgrading, and declassification, as well as the exact 
                time or specified occurrence following which specific 
                missing Armed Forces and civilian material may be 
                appropriately disclosed;
                    (B) the rationale behind each postponement 
                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 reports of 
                postponed records to the Archivist required under 
                subsection (b)(3) made since the date of the preceding 
                report under this subsection.
            (4) 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 Congress of the intent of the Review Board to terminate 
        operations at a specified date.

SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.

    (a) Materials Under Seal of Court.--
            (1) In general.--The Review Board may request 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 information relevant to loss, 
                fate, or status of missing Armed Forces and civilian 
                personnel that is held under the injunction of secrecy 
                of a grand jury.
                    (B) Treatment.--A request for disclosure of missing 
                Armed Forces and civilian personnel 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 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--
                    (A) contact the Governments of the Russian 
                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 civilian personnel, and 
                seek disclosure of such information; and
            (3) all agencies should cooperate in full with the Review 
        Board to seek the disclosure of all information relevant to the 
        loss, fate, or status of missing 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 transmission or 
disclosure, with the exception of deeds governing access to or transfer 
or release of gifts and donations 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 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 custody, possession, or control.
    (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. 12. REQUESTS FOR EXTENSIONS.

    The head of a Government office required to comply with a deadline 
under this Act that is based off the date of establishment of a quorum 
of the members of the Missing Armed Forces and Civilian Personnel 
Records Review Board under section 7 may request an extension from the 
Board for good cause. If the Board agrees to the request, the deadline 
applicable to the Government office for the purpose of such requirement 
shall be such later date as the Board may determine appropriate.

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 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 missing Armed Forces and civilian 
personnel records 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. 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.
                                                       Calendar No. 730

118th CONGRESS

  2d Session

                                S. 2315

                          [Report No. 118-310]

_______________________________________________________________________

                                 A BILL

 To provide for the creation of the missing Armed Forces and civilian 
 personnel Records Collection at the National Archives, to require the 
expeditious public transmission to the Archivist and public disclosure 
 of missing Armed Forces and civilian personnel records, and for other 
                               purposes.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment