(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 addi-
tional review by the Archivist, the Review Board, or 
any other Government office under this Act. 
(5) EXEMPTIONS.— 
(A) DEPARTMENT OF DEFENSE POW/MIA 
ACCOUNTING
AGENCY.—The Defense POW/ 
MIA Accounting Agency is exempt from the re-
quirement 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 Ac-
counting Agency is actively investigating or de-
veloping 
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 Cas-
ualty Offices and the Department of State 
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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 assist-
ance to the families of missing individuals. 
(c) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall— 
(1) not later than 270 days after a quorum of 
the Review Board has been established under section 
7, commence transmission to the Archivist of copies 
of the missing Armed Forces and civilian personnel 
records in the custody, possession, or control of the 
Government office, 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 7, 
complete transmission to the Archivist of copies of 
all missing Armed Forces and civilian personnel 
records in the possession or control of the Govern-
ment 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 
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a missing Armed Forces and civilian personnel 
record, the public disclosure of which has been post-
poned under the standards under this Act shall be 
reviewed by the originating body— 
(A)(i) periodically, but not less than every 
5 years, after the date on which the Review 
Board terminates under section 7(p); and 
(ii) at the direction of the Archivist; and 
(B) consistent with the recommendations 
of the Review Board under section 9(b)(3)(B). 
(2) CONTENTS.— 
(A) IN GENERAL.—A periodic review of a 
missing Armed Forces and civilian personnel 
record, or information within a missing Armed 
Forces and civilian personnel record, by the 
originating body shall address the public disclo-
sure of the missing Armed Forces and civilian 
personnel record under the standards under 
this Act. 
(B) CONTINUED
POSTPONEMENT.—If an 
originating body conducting a periodic review of 
a missing Armed Forces and civilian personnel 
record, or information within a missing Armed 
Forces and civilian personnel record, the public 
disclosure of which has been postponed under 
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the standards under this Act, determines that 
continued postponement is required, the origi-
nating body shall provide to the Archivist an 
unclassified written description of the reason 
for the continued postponement that the Archi-
vist shall highlight and make accessible on a 
publicly accessible website administered by the 
National Archives. 
(C) SCOPE.—The periodic review of post-
poned missing Armed Forces and civilian per-
sonnel records, or information within a missing 
Armed Forces and civilian personnel record, 
shall serve the purpose stated in section 
2(b)(2), to provide expeditious public disclosure 
of missing Armed Forces and civilian personnel 
records, to the fullest extent possible, subject 
only to the grounds for postponement of disclo-
sure under section 6. 
(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 7, all 
missing Armed Forces and civilian personnel 
records, and information within a missing 
Armed Forces and civilian personnel record, 
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shall be publicly disclosed in full, and available 
in the Collection, unless— 
(i) the head of the originating body, 
Executive agency, or other Government of-
fice recommends in writing that continued 
postponement is necessary; 
(ii) the written recommendation de-
scribed 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 7; 
and 
(II) includes— 
(aa) a justification of the 
recommendation to postpone dis-
closure 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 speci-
fied time at which or a specified 
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occurrence following which the 
material may be appropriately 
disclosed to the public under this 
Act; 
(iii) the Archivist transmits all rec-
ommended postponements and the rec-
ommendation of the Archivist to the Presi-
dent 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 es-
tablished under section 7; and 
(iv) the President transmits to the Ar-
chivist a certification indicating that con-
tinued 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 dis-
closure 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 7. 
(e) RECORDS MANAGEMENT.—In carrying out this 
section, the Archivist shall comply with any applicable 
statutory or regulatory requirement related to records 
management. 
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SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLO-
SURE OF RECORDS. 
(a) IN GENERAL.—Disclosure to the public of a miss-
ing Armed Forces and civilian personnel record or par-
ticular 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 post-
poned subject to the limitations under this Act 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 meth-
ods, or cryptology; 
(iv) foreign relations or foreign activi-
ties of the United States, including con-
fidential sources; 
(v) scientific, technological, or eco-
nomic matters relating to the national se-
curity; 
(vi) United States Government pro-
grams for safeguarding nuclear materials 
or facilities; 
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(vii) vulnerabilities or capabilities of 
systems, 
installations, 
infrastructures, 
projects, plans, or protection services relat-
ing to the national security; or 
(viii) the development, production, or 
use of weapons of mass destruction; and 
(B) the threat posed by the public disclo-
sure of the missing Armed Forces and civilian 
personnel record or information is of such grav-
ity that it outweighs the public interest in dis-
closure; 
(2) if the information is protected from disclo-
sure under section 552(b) of title 5, United States 
Code (commonly known as the ‘‘Freedom of Infor-
mation Act’’); or 
(3) if it reveals information described in para-
graphs (1) through (9) of section 3.3(b) of Executive 
Order 13526 (50 U.S.C. 3161 note; relating to clas-
sified 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 ci-
vilian 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 Archi-
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vist may be postponed subject to the limitations under this 
Act only if, as demonstrated by clear and convincing evi-
dence— 
(1) the release of the information would be ex-
pected 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 intel-
ligence 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 seri-
ous harm to relations between the United 
States and a foreign government, or to ongoing 
diplomatic activities of the United States; and 
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(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 out-
weighs 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, 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 unwar-
ranted invasion of personal privacy, and that inva-
sion 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, re-
sist, or escape; or 
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(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. 7. ESTABLISHMENT AND POWERS OF THE MISSING 
ARMED FORCES AND CIVILIAN PERSONNEL 
RECORDS REVIEW BOARD. 
(a) ESTABLISHMENT.—There is established as an 
independent establishment in the executive branch a board 
to be known as the ‘‘Missing Armed Forces and Civilian 
Personnel Records Review Board’’ to ensure and facilitate 
the review, transmission to the Archivist, and public dis-
closure of missing Armed Forces and civilian personnel 
records. 
(b) MEMBERSHIP.— 
(1) APPOINTMENTS.—The Review Board shall 
be composed of 5 members appointed by the Presi-
dent, subject to the advice and consent of the Sen-
ate, 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; 
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(B) 1 shall be appointed in consultation 
with the majority leader of the Senate; 
(C) 1 shall be appointed in consultation 
with the minority leader of the Senate; 
(D) 1 shall be appointed in consultation 
with the Speaker of the House of Representa-
tives; and 
(E) 1 shall be appointed in consultation 
with the minority leader of the House of Rep-
resentatives. 
(2) QUALIFICATIONS.—The members of the Re-
view Board shall— 
(A) be appointed without regard to polit-
ical affiliation; 
(B) be citizens of the United States of in-
tegrity and impartiality; 
(C) not be employees of an Executive agen-
cy on the date of the appointment; 
(D) have high national professional reputa-
tion in their fields and be capable of exercising 
the independent and objective judgment nec-
essary to the fulfillment of their role in ensur-
ing and facilitating the identification, location, 
review, transmission to the Archivist, and public 
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