Text of Senate Amendment 6791

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: September 17, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Crapo, Mike
Committees: Committee on Homeland Security and Governmental Affairs, Committee on Oversight and Government Reform

Readable version of the official text

SA 6791. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 H—Bring Our Heroes Home Act

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the “Bring Our Heroes Home

Act”.

SEC. 1095. DEFINITIONS.

In this subtitle:

(1) Archivist.—The term “Archivist” means the Archivist

of the United States.

(2) Collection.—The term “Collection” means the Missing

Armed Forces and Civilian Personnel Records Collection

established under section 1096(a).

(3) 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

department, corporation, or establishment.

(4) Executive director.—The term “Executive Director”

means the Executive Director of the Review Board.

(5) Government office.—The term “Government office”

means an Executive agency, the Library of Congress, or the

National Archives.

(6) Missing armed forces and civilian personnel.—The term

“missing Armed Forces and civilian personnel”—

(A) means 1 or more missing persons; and

(B) includes an individual who was a missing person and

whose status was later changed to “missing and presumed

dead”.

(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—

(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.

(8) 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).

(9) 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).

(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.

(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.

(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.

(13) Record.—The term “record” has the meaning given the

term “records” in section 3301 of title 44, United States

Code.

(14) Review board.—The term “Review Board” means the

Missing Armed Forces and Civilian Personnel Records Review

Board established under section 1099.

SEC. 1096. 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 Review Board has been established under

section 1099, 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, including applicable information

privacy safeguards.

(b) Regulations.—Not later than 90 days after the date of

the swearing in of the Review Board members, the Review Board

shall promulgate rules to establish guidelines and processes

for the disclosure of records contained in the Collection,

including applicable information privacy safeguards.

(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 Government Reform of the House of Representatives shall

have continuing jurisdiction, including legislative oversight

jurisdiction, in the House of Representatives with respect to

the Collection.

SEC. 1097. 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 debriefings, live sighting reports, and

documents relating to Prisoner of War camps, movement of

Prisoners of War, exploitation of Prisoners of War,

experimentation on Prisoners of War, or status changes from

Missing in Action to Killed in Action; 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.

(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 in the custody, possession, or control of

the Government office 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.—

(A) In general.—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 committee of the Senate or the House of Representatives

with jurisdiction of a program, project, or activity of the

Government office 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) Rulemaking.—The Archivist shall promulgate regulations

to define the term “substantially redacted record” for

purposes of subparagraph (A).

(b) Review.—

(1) In general.—Except as provided under paragraph (5),

not later than 270 days after a quorum of the Review Board

has been established under section 1099, 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 270 days

after a quorum of the Review Board has been established under

section 1099, 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

personnel record located and identified under subparagraph

(A) available for review by Executive agencies through the

National Declassification Center established under Executive

Order 13526 (50 U.S.C. 3161 note; relating to classified

national security information), 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 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 the Defense POW/MIA

Accounting Agency is actively investigating or developing for

the purpose of locating, disinterring, or identifying a

member of the Armed Forces who is a missing person.

(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

persons.

office shall—

(1) not later than 270 days after a quorum of the Review

Board has been established under section 1099, 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, except for

records described in subsection (a)(5); and

(2) not later than 1 year after a quorum of the Review

Board has been established under section 1099, complete

transmission to the Archivist of copies of all missing Armed

Forces and civilian personnel records in the custody,

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

1099(p); and

(ii) at the direction of the Archivist; and

(B) consistent with the recommendations of the Review Board

under section 1099B(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.

Forces and civilian personnel records, or information within

a missing Armed Forces and civilian personnel record, shall

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 1098.

(D) Disclosure absent certification by president.—Not

later than 10 years after the date on which a quorum of the

Review Board has been established under section 1099, 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, an Executive agency,

or another 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 the date on which a quorum of the

Review Board has been established under section 1099; 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 on which a quorum of the Review Board has been

established under section 1099; 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 the date on which a quorum of the

Review Board has been established under section 1099.

(e) Records Management.—In carrying out this section, the

Archivist shall comply with any applicable statutory or

regulatory requirement related to records management.

SEC. 1098. 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—

(A) it pertains to—

(i) military plans, weapons systems, or operations;

(ii) foreign government information;

(iii) intelligence activities (including covert action),

intelligence sources or methods, or cryptology;

(iv) foreign relations or foreign activities of the United

States, including confidential sources;

(v) scientific, technological, or economic matters relating

to the national security;

(vi) United States Government programs for safeguarding

nuclear materials or facilities;

(vii) vulnerabilities or capabilities of systems,

installations, infrastructures, projects, plans, or

protection services relating to the national security; or

(viii) the development, production, or use of weapons of

mass destruction; and

(B) 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;

(2) if the information is protected from disclosure under

section 552(b) of title 5, United States Code (commonly known

as the “Freedom of Information Act”); or

(3) if it reveals information described in paragraphs (1)

through (9) of section 3.3(b) of Executive Order 13526 (50

U.S.C. 3161 note; relating to classified national security

information).

(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;

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.

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, which shall be

determined in accordance with section 552(b)(7)(D) of title

5, United States Code;

(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, regulations, or executive

orders, including any law, regulation, or executive order

governing the disclosure of classified information.

SEC. 1099. 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, by and with the advice

and consent of the Senate, of whom—

(A) 1 shall be appointed in consultation with the Archivist

of the United States and shall serve as the Chairperson of

the Review Board;

(B) 1 shall be appointed in consultation with the majority

leader of the Senate;

(D) 1 shall be appointed in consultation with the Speaker

of the House of Representatives; and

(E) 1 shall be appointed in consultation with 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;

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.

(1) In general.—Each member of the Review Board shall seek

appropriate security clearances necessary to carry out the

duties of the Review Board.

(2) Review.—The appropriate departments, agencies, and

elements of the executive branch of the Federal Government

shall cooperate to ensure that an application by an

individual nominated to be a member of the Review Board

seeking a security clearance under paragraph (1) is

expeditiously reviewed and granted or denied.

(d) Consideration by the Senate.—Nominations for

appointment under subsection (b)(1) 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 Government 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 subtitle.

(j) Powers.—

(1) In general.—The Review Board shall have the authority

to act in a manner prescribed under this subtitle, including

the authority to—

(A) direct Government offices to transmit to the Archivist

missing Armed Forces and civilian personnel records as

required under this subtitle;

(B) direct Government offices to transmit to the Archivist

substitutes and summaries of missing Armed Forces and

civilian personnel records that can be publicly disclosed to

the fullest extent for any missing Armed Forces and civilian

personnel record that is proposed for postponement in full or

that is substantially redacted;

personnel records that have been identified by a Government

office;

(D) direct a Government office to make available to the

Review Board, and if necessary investigate the facts

surrounding, additional information, records, or testimony

from individuals, which the Review Board has reason to

believe are required to fulfill the functions and

responsibilities of the Review Board under this subtitle;

(E) hold such hearings, sit and act at such times and

places, take such testimony, receive such evidence,

administer such oaths, and subpoena documents as the Review

Board considers advisable to carry out the responsibilities

of the Review Board under this subtitle;

(F) subpoena private persons to compel the production of

documents and other records relevant to the responsibilities

of the Review Board under this subtitle;

(G) 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;

(H) receive information from the public regarding the

identification and public disclosure of missing Armed Forces

and civilian personnel records; and

(I) make a final determination regarding whether a missing

Armed Forces and civilian personnel record, or information

contained in 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 or the

information to the public will be postponed, notwithstanding

the determination of a Government office.

(2) Enforcement of subpoenas.—Any subpoena issued under

the Review Board under this subsection may be enforced by any

appropriate Federal court acting pursuant to a lawful request

of the Review Board.

(k) Presidential Authority Over Review Board

Determination.—

(1) Public disclosure or postponement of disclosure.—After

the Review Board has made a formal determination concerning

the public disclosure or postponement of disclosure of an

missing Armed Forces and civilian personnel record or

information contained in a missing Armed Forces and civilian

personnel record, obtained or developed solely within the

executive branch, the President—

(A) shall have the sole and nondelegable authority to

require the disclosure or postponement of disclosure of such

record or information under the standards set forth in

sections 1097 and 1098; and

(B) shall provide the Review Board with an unclassified

written certification specifying the President's decision

within 30 days after the Review Board's determination and

notice to the executive agency as required under this

subtitle, stating the justification for the President's

decision, including the applicable grounds for postponement

under section 1098.

(2) Periodic review.—Any missing Armed Forces and civilian

personnel record or information contained in a missing Armed

Forces and civilian personnel record for which public

disclosure is postponed by the President shall be subject to

the requirements of periodic review and declassification of

classified information and public disclosure in the

Collection set forth in section 1097.

(3) Record of presidential postponement.—The Review Board

shall, upon its receipt, publish in the Federal Register a

copy of any unclassified written certification, statement, or

other materials transmitted by or on behalf of the President

with regard to postponement of the public disclosure of

missing Armed Forces and civilian personnel records, or

information contained in a missing Armed Forces and civilian

personnel records, under section 1098.

(l) 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.

(m) Oversight.—

(1) In general.—The Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government 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 Chair and Ranking Members of

the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Government

Reform of the House of Representatives, and 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.

(n) Support Services.—The Administrator of General

Services shall provide administrative services for the Review

Board on a reimbursable basis.

(o) Interpretive Regulations.—The Review Board may issue

interpretive regulations if the Review Board finds such

regulation to be necessary and appropriate.

(p) Termination and Winding Up.—

(1) In general.—On the date that is 2 years after the date

of enactment of this Act, the Review Board shall, by majority

vote, determine whether all Government offices have complied

with the 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 on which all members

of the Review Board are sworn in to the Review Board.

(3) Report.—Before the termination of the Review Board

under paragraph (2), the Review Board shall submit to

Congress reports, including a complete and accurate

accounting of expenditures during its existence, and shall

complete all other 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. 1099A. 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—

(A) shall be a citizen of the United States of integrity

and impartiality;

(B) shall be appointed without regard to political

affiliation; and

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, the Review Board shall

consult with the Director of the Office of Government Ethics

to—

(A) determine criteria for possible conflicts of interest

of the Executive Director, consistent with ethics laws,

statutes, and regulations for executive branch employees; and

(B) ensure that no individual selected for such position of

Executive Director possesses a conflict of interest as so

determined.

(4) Security clearance.—

(A) In general.—The individual appointed as Executive

Director shall have the security clearance necessary to carry

out the duties of the position at the time of appointment.

(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 appointment as the

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;

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 described 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.

(2) Treatment as employees of executive branch.—The

Executive Director and other employees of the Review Board

shall be treated as employees of the executive branch.

(3) Qualifications.—An individual appointed to a position

as an employee of the Review Board—

(A) shall be a citizen of the United States of integrity

and impartiality; and

(B) shall not have had any previous involvement with any

official investigation or inquiry relating to the loss, fate,

or status of missing Armed Forces and civilian personnel.

(4) 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 appointed to a position as an

employee of the Review Board possesses a conflict of interest

as so determined.

(5) Security clearance.—

(A) In general.—An individual appointed to a position as

an employee of the Review Board shall have the security

clearance necessary to carry out the duties of the position

at the time of appointment.

(B) Expedited provision.—The 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.

compensation of the Executive Director and other employees of

the Review Board described in subsection (b) 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 subtitle.

(2) Applicability of faca.—Any advisory committee created

by the Review Board shall be subject to chapter 10 of title

5, United States Code.

SEC. 1099B. 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

Review Board members, begin reviewing 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

carry out the following:

(A) Provide for the disclosure of segregable parts,

substitutes, or summaries of the missing Armed Forces and

civilian personnel record.

(B) Determine, in consultation with the originating body

and consistent with the 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 Government Reform 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, 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

1098 to the President, to the Committee on Homeland Security

and Governmental Affairs of the Senate, and the Committee on

Oversight and Government 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 Homeland Security

and Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform 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.

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 Homeland Security and Governmental

Affairs of the Senate;

(B) the Committee on Oversight and Government Reform of the

House of Representatives;

(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.

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 Chair and Ranking

Members of the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Government Reform of the House of

Representatives, and the Chairs, Ranking Members, Vice

Chairs, as the case may be, of such other committees as

leadership of Congress determines appropriate on—

(A) recommendations for periodic review, downgrading, and

declassification, as well as the exact time or specified

occurrence following which specific missing Armed Forces and

civilian material may be appropriately disclosed;

(B) the rationale behind each postponement determination

and the recommended means to achieve disclosure of each

postponed item;

offer; and

(D) an addendum containing copies of reports of postponed

records submitted to the Archivist under subsection (b)(3)

made since the date of the preceding report under this

subsection.

SEC. 1099C. 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 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. 1099D. 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.

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. 1099E. REQUESTS FOR EXTENSIONS.

(a) In General.—The head of a Government office required

to comply with a deadline under this subtitle that is based

on the date of establishment of a quorum of the members of

the Review Board under section 1099 may request an extension

from the Review Board for good cause.

(b) Extended Deadline.—If the Review 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 Review Board may determine appropriate.

SEC. 1099F. TERMINATION OF EFFECT.

(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 1099(p).

(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. 1099G. NO ADDITIONAL FUNDS.

No additional funds are authorized to be appropriated to

carry out this subtitle.

SEC. 1099H. 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.

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