[Congressional Record Volume 170, Number 144 (Tuesday, September 17, 2024)]
[Senate]
[Pages S6102-S6107]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3283. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                 Subtitle I--Bring Our Heroes Home Act

     SEC. 1096. SHORT TITLE.

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

     SEC. 1097. 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 subtitle 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 subtitle 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 subtitle.

     SEC. 1098. DEFINITIONS.

       In this subtitle:
       (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 1099(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 1099C.

     SEC. 1099. 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 1099C, 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

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     the House of Representatives shall have continuing 
     jurisdiction, including legislative oversight jurisdiction, 
     in the House of Representatives with respect to the 
     Collection.

     SEC. 1099A. 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 subtitle, 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 1099C, 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 1099C, 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 subtitle.
       (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 1099C, 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 1099C, 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 
     subtitle 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 
     1099C(o); and
       (ii) at the direction of the Archivist; and
       (B) consistent with the recommendations of the Review Board 
     under section 1099E(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 subtitle.
       (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 subtitle, 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 1097(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 1099B.
       (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 1099C, 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 1099C; 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 subtitle;
       (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 1099C; and
       (iv) the President transmits to the Archivist a 
     certification indicating that continued

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     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 the date a 
     quorum of the Missing Armed Forces and Civilian Personnel 
     Records Review Board has been established under section 
     1099C.

     SEC. 1099B. 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 subtitle 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 subtitle 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. 1099C. 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 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.--

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       (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 subtitle.
       (j) Powers.--The Review Board shall have the authority to 
     act in a manner prescribed under this subtitle, including 
     authority to--
       (1) direct Government offices to transmit to the Archivist 
     missing Armed Forces and civilian personnel records as 
     required under this subtitle;
       (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 subtitle;
       (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 subtitle;
       (6) hold individuals in contempt for failure to comply with 
     directives and mandates issued by the Review Board under this 
     subtitle, 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 subtitle.
       (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 
     subtitle.
       (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. 1099D. 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 subtitle. 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.--

[[Page S6106]]

       (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 subtitle.
       (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. 1099E. 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 
     subtitle.
       (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 
     subtitle, 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 subtitle, 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 subtitle, 
     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 
     1099B 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 subtitle and determination as to 
     whether declassification of the missing Armed Forces and 
     civilian personnel is warranted under this subtitle.
       (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 subtitle.
       (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 subtitle.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized under this subtitle, 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 subtitle, the Review Board shall provide written 
     notice to Congress of the intent of the Review Board to 
     terminate operations at a specified date.

     SEC. 1099F. 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.

[[Page S6107]]

       (B) Treatment.--A request for disclosure of missing Armed 
     Forces and civilian personnel materials under this subtitle 
     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. 1099G. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this subtitle 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 subtitle 
     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 subtitle 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 subtitle.
       (d) Existing Authority.--Nothing in this subtitle 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 subtitle 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. 1099H. REQUESTS FOR EXTENSIONS.

       The head of a Government office required to comply with a 
     deadline under this subtitle that is based off the date of 
     establishment of a quorum of the Missing Armed Forces and 
     Civilian Personnel Records Review Board under section 1099C 
     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. 1099I. TERMINATION OF EFFECT OF SUBTITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this subtitle 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 1099C(o).
       (b) Other Provisions.--The remaining provisions of this 
     subtitle 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 
     subtitle.

     SEC. 1099J. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle, to remain available 
     until expended.

     SEC. 1099K. SEVERABILITY.

       If any provision of this subtitle, or the application 
     thereof to any person or circumstance, is held invalid, the 
     remainder of this subtitle and the application of that 
     provision to other persons not similarly situated or to other 
     circumstances shall not be affected by the invalidation.
                                 ______