Summary

Creates an independent Missing Armed Forces and Civilian Personnel Records Review Board and requires federal agencies to find, preserve, review, and send copies of records about U.S. service members and civilian personnel who went missing (from Dec. 7, 1941 through the date of enactment) to the National Archives for public disclosure, subject to narrow national-security, privacy, and other postponement rules. The bill gives the Board subpoena and enforcement powers, sets deadlines and procedures for review and transmission, authorizes unspecified funding, and requires public reporting and periodic review; the President retains final, nondelegable authority to approve continued postponement of disclosure in limited circumstances.

Key Points

• Creates an independent five-member Review Board to identify and oversee public release of records about missing U.S. service members and civilian personnel.
• Requires federal agencies to locate, preserve, certify, and transmit copies of relevant records to the National Archives for public disclosure, with strict prohibitions on destruction or alteration.
• Allows limited postponement of disclosure for national security, privacy, intelligence, and diplomatic reasons, with stricter standards for records older than 25 years and a 10-year limit on indefinite postponement absent presidential certification.
• Gives the Review Board subpoena power, authority to compel transmissions, to hold hearings, and to seek court access to sealed records, while preserving the President's final, nondelegable right to approve postponements.
• Authorizes unspecified funding (“such sums as are necessary”) and requires extensive public reporting, a public online collection, and continuing congressional oversight.
• Sets firm deadlines tied to the Review Board attaining a quorum (e.g., begin transmissions within 270 days, complete initial production within one year) and requires periodic review of postponed records.
• Exempts certain operational or family-support functions (e.g., DPAA and military casualty offices) from transmission during active investigations or support cases, with periodic review requirements.
• Directs the Archivist to establish formats, metadata, and privacy safeguards and preserves FOIA and APA judicial-review rights while prioritizing mandated transmissions over conflicting laws (except the Internal Revenue Code).
• Imposes administrative and clearance requirements on Board appointees and staff and requires agencies to expedite security-clearance processing for them.
• Requires the Board to terminate four years after members are sworn in; other provisions persist until the Archivist certifies that all records have been made available as required.

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