disclosure of Missing Armed Forces 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 of enactment of this Act, all Missing 
Armed Forces Personnel records, and informa-
tion within a Missing Armed Forces 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 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 after the 
date of enactment of this Act; and 
(II) includes— 
(aa) a justification of the 
recommendation to postpone dis-
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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 
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 of enact-
ment of this Act; 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 
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years after the date of enactment of this 
Act. 
SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLO-
SURE OF RECORDS. 
(a) IN GENERAL.—Disclosure to the public of a Miss-
ing Armed Forces Personnel record or particular informa-
tion in a Missing Armed Forces Personnel record created 
after the date that is 25 years before the date of the review 
of the Missing Armed Forces Personnel record by the Ar-
chivist may be postponed subject to the limitations under 
this Act only— 
(1) if it pertains to— 
(A) military plans, weapons systems, or op-
erations; 
(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; 
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(G) vulnerabilities or capabilities of sys-
tems, installations, infrastructures, projects, 
plans, or protection services relating to the na-
tional 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 Personnel record or infor-
mation is of such gravity that it outweighs the pub-
lic interest in disclosure. 
(b) OLDER RECORDS.—Disclosure to the public of a 
Missing Armed Forces Personnel record or particular in-
formation in a Missing Armed Forces Personnel record 
created on or before the date that is 25 years before the 
date of the review of the Missing Armed Forces Personnel 
record by the Archivist may be postponed subject to the 
limitations under this Act only if, as demonstrated by clear 
and convincing evidence— 
(1) the release of the information would be 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 
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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 
(2) the threat posed by the public disclosure of 
the Missing Armed Forces Personnel record or infor-
mation is of such gravity that it outweighs the pub-
lic interest in disclosure. 
(c) EXCEPTION.—Regardless of the age of a Missing 
Armed Forces Personnel record—the date on which a 
Missing Armed Forces Personnel record was created—dis-
closure to the public of information in the Missing Armed 
Forces Personnel record may be postponed if— 
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(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 unwar-
ranted invasion of personal privacy, and that inva-
sion of privacy is so substantial that it outweighs the 
public interest; or 
(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. 
SEC. 7. ESTABLISHMENT AND POWERS OF THE MISSING 
ARMED FORCES PERSONNEL RECORDS RE-
VIEW BOARD. 
(a) ESTABLISHMENT.—There is established as an 
independent establishment in the executive branch a board 
to be known as the ‘‘Missing Armed Forces Personnel 
Records Review Board’’. 
(b) MEMBERSHIP.— 
(1) APPOINTMENTS.—The President shall ap-
point, by and with the advice and consent of the 
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Senate, 5 individuals to serve as a member of the 
Review Board to ensure and facilitate the review, 
transmission to the Archivist, and public disclosure 
of Missing Armed Forces Personnel records. 
(2) QUALIFICATIONS.—The President shall ap-
point individuals to serve as members of the Review 
Board— 
(A) without regard to political affiliation; 
(B) who are citizens of the United States 
of integrity and impartiality; 
(C) who are not an employee of an Execu-
tive agency on the date of the appointment; 
(D) who have high national professional 
reputation in their fields who are capable of ex-
ercising the independent and objective judgment 
necessary to the fulfillment of their role in en-
suring and facilitating the identification, loca-
tion, review, transmission to the Archivist, and 
public disclosure of Missing Armed Forces Per-
sonnel records; 
(E) who possess an appreciation of the 
value of Missing Armed Forces Personnel 
records to scholars, the Federal Government, 
and the public, particularly families of Missing 
Armed Forces Personnel; 
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(F) not less than 1 of whom is a profes-
sional historian; and 
(G) not less than 1 of whom is an attor-
ney. 
(3) DEADLINES.— 
(A) IN GENERAL.—Not later than 60 days 
after the date of enactment of this Act, the 
President shall submit nominations for all 
members of the Review Board. 
(B) CONFIRMATION
REJECTED.—If the 
Senate votes not to confirm a nomination to 
serve as a member of the Review Board, not 
later than 90 days after the date of the vote the 
President shall submit the nomination of an ad-
ditional individual to serve as a member of the 
Review Board. 
(4) CONSULTATION.—The President shall make 
nominations to the Review Board after considering 
individuals recommended by the American Historical 
Association, the Organization of American Histo-
rians, the Society of American Archivists, the Amer-
ican Bar Association, veterans’ organizations, and 
organizations 
representing 
families 
of 
Missing 
Armed Forces Personnel. 
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(c) SECURITY CLEARANCES.—The appropriate de-
partments, 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 expedi-
tiously reviewed and granted or denied. 
(d) CONFIRMATION.— 
(1) HEARINGS.—Not later than 30 days on 
which the Senate is in session after the date on 
which not less than 3 individuals have been nomi-
nated to serve as members of the Review Board, the 
Committee on Homeland Security and Governmental 
Affairs of the Senate shall hold confirmation hear-
ings on the nominations. 
(2) COMMITTEE VOTE.—Not later than 14 days 
on which the Senate is in session after the date on 
which the Committee on Homeland Security and 
Governmental Affairs holds a confirmation hearing 
on the nomination of an individual to serve as a 
member of the Review Board, the committee shall 
vote on the nomination and report the results to the 
full Senate immediately. 
(3) SENATE VOTE.—Not later than 14 days on 
which the Senate is in session after the date on 
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which the Committee on Homeland Security and 
Governmental Affairs reports the results of a vote on 
a nomination of an individual to serve as a member 
of the Review Board, the Senate shall vote on the 
confirmation of the nominee. 
(e) VACANCY.—Not later than 60 days after the date 
on which a vacancy on the Review Board occurs, the va-
cancy shall be filled in the same manner as specified for 
original appointment. 
(f) CHAIRPERSON.—The members of the Review 
Board shall elect a member as Chairperson at the initial 
meeting of the Review Board. 
(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 inef-
ficiency, 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 Re-
view Board removed from office may obtain ju-
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dicial 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 rein-
stated or granted other appropriate relief by 
order of the court. 
(h) COMPENSATION OF MEMBERS.— 
(1) BASIC
PAY.—A member of the Review 
Board shall be compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay pre-
scribed 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 Re-
view Board shall be allowed reasonable travel ex-
penses, 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 Re-
view Board. 
(i) DUTIES OF THE REVIEW BOARD.— 
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(1) IN GENERAL.—The Review Board shall con-
sider and render a decision on a determination by a 
Government office to seek to postpone the disclosure 
of a Missing Armed Forces Personnel record, in 
whole or in part. 
(2) RECORDS.—In carrying out paragraph (1), 
the Review Board shall consider and render a deci-
sion regarding— 
(A) whether a record constitutes a Missing 
Armed Forces Personnel record; and 
(B) whether a Missing Armed Forces Per-
sonnel record, or particular information in a 
Missing Armed Forces Personnel record, quali-
fies for postponement of disclosure under this 
Act. 
(j) POWERS.—The Review Board shall have the au-
thority to act in a manner prescribed under this Act, in-
cluding authority to— 
(1) direct Government offices to transmit to the 
Archivist Missing Armed Forces Personnel records 
as required under this Act; 
(2) direct Government offices to transmit to the 
Archivist substitutes and summaries of Missing 
Armed Forces Personnel records that can be publicly 
disclosed to the fullest extent for any Missing Armed 
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Forces Personnel record that is proposed for post-
ponement; 
(3) obtain access to Missing Armed Forces Per-
sonnel records that have been identified by a Gov-
ernment office; 
(4) direct a Government office to make avail-
able to the Review Board, and if necessary inves-
tigate the facts surrounding, additional information, 
records, or testimony from individuals, which the 
Review Board has reason to believe is required to 
fulfill its functions and responsibilities under this 
Act; 
(5) hold such hearings, sit and act at such 
times and places, take such testimony, receive such 
evidence, and administer such oaths as the Review 
Board considers advisable to carry out its respon-
sibilities under this Act; 
(6) hold individuals in contempt for failure to 
comply with directives and mandates issued by the 
Review Board under this Act, which shall not in-
clude the authority to imprison or fine any indi-
vidual; 
(7) require any Government office to account in 
writing for the destruction of any records relating to 
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the loss, fate, or status of Missing Armed Forces 
Personnel; 
(8) receive information from the public regard-
ing the identification and public disclosure of Miss-
ing Armed Forces Personnel records; and 
(9) make a final determination regarding 
whether a Missing Armed Forces Personnel record 
will be disclosed to the public or disclosure of the 
Missing Armed Forces Personnel record to the pub-
lic will be postponed, notwithstanding the determina-
tion 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 Home-
land Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Reform of 
the House of Representatives shall have— 
(A) continuing oversight jurisdiction with 
respect to the official conduct of the Review 
Board and the disposition of postponed records 
after termination of the Review Board; and 
(B) upon request, access to any records 
held or created by the Review Board. 
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(2) DUTY
OF
REVIEW
BOARD.—The Review 
Board shall have the duty to cooperate with the ex-
ercise of oversight jurisdiction under paragraph (1). 
(m) SUPPORT SERVICES.—The Administrator of the 
General Services Administration shall provide administra-
tive 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 of-
fices have complied with the obligations, mandates, 
and directives under this Act. 
(2) TERMINATION DATE.—The Review Board 
shall terminate on the date that is 4 years after the 
date of enactment of this Act. 
(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 re-
porting requirements under this Act. 
(4) RECORDS.—Upon termination of the Re-
view Board, the Review Board shall transfer all 
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records of the Review Board to the Archivist for in-
clusion in the Collection, and no record of the Re-
view Board shall be destroyed. 
SEC. 8. MISSING ARMED FORCES 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 
ap-
pointed 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) SECURITY CLEARANCE.— 
(A) LIMIT ON APPOINTMENT.—The Review 
Board shall not appoint an individual as Execu-
tive Director until after the date on which the 
individual qualifies for the necessary security 
clearance. 
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(B) EXPEDITED PROVISION.—The appro-
priate 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 Direc-
tor, seeking security clearances necessary to 
carry out the duties of the Executive Director, 
is expeditiously reviewed and granted or denied. 
(4) DUTIES.—The Executive Director shall— 
(A) serve as principal liaison to Govern-
ment 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 de-
termine whether any record should be disclosed 
to the public or postponed for disclosure. 
(5) 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 
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regard to civil service law and regulation for com-
petitive service as defined in subchapter I of chapter 
33 of title 5, United States Code, appoint and termi-
nate additional employees as are necessary to enable 
the Review Board and the Executive Director to per-
form their duties under this Act. 
(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 in-
volvement with any official investigation or in-
quiry relating to the loss, fate, or status of 
Missing Armed Forces Personnel. 
(3) SECURITY CLEARANCE.— 
(A) LIMIT ON APPOINTMENT.—The Review 
Board shall not appoint an individual as an em-
ployee of the Review Board until after the date 
on which the individual qualifies for the nec-
essary security clearance. 
(B) EXPEDITED PROVISION.—The appro-
priate 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 
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with the Review Board, seeking security clear-
ances 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 other employ-
ees of the Review Board without regard to chapter 51 and 
subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay for the 
Executive Director and other employees may not exceed 
the rate payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(d) ADVISORY COMMITTEES.— 
(1) IN GENERAL.—The Review Board may cre-
ate 1 or more advisory committees to assist in ful-
filling the responsibilities of the Review Board under 
this Act. 
(2) APPLICABILITY
OF
FACA.—Any advisory 
committee created by the Review Board shall be sub-
ject to the Federal Advisory Committee Act (5 
U.S.C. App.). 
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SEC. 9. REVIEW OF RECORDS BY THE MISSING ARMED 
FORCES 
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 appointed, publish an initial 
schedule for review of all Missing Armed Forces 
Personnel records, which the Archivist shall high-
light and make available on a publicly accessible 
website administered by the National Archives; and 
(2) not later than 180 days after the date of 
enactment of this Act, begin reviewing of Missing 
Armed Forces Personnel records under this Act. 
(b) DETERMINATION OF THE REVIEW BOARD.— 
(1) IN GENERAL.—The Review Board shall di-
rect that all records that relate, directly or indi-
rectly, to the loss, fate, or status of Missing Armed 
Forces Personnel be transmitted to the Archivist 
and disclosed to the public in the Collection in the 
absence of clear and convincing evidence that— 
(A) the record is not a Missing Armed 
Forces Personnel record; or 
(B) the Missing Armed Forces Personnel 
record, or particular information within the 
Missing Armed Forces Personnel record, quali-
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fies for postponement of public disclosure under 
this Act. 
(2) POSTPONEMENT.—In approving postpone-
ment of public disclosure of a Missing Armed Forces 
Personnel record, or information within a Missing 
Armed Forces Personnel record, the Review Board 
shall seek to— 
(A) provide for the disclosure of segregable 
parts, substitutes, or summaries of the Missing 
Armed Forces Personnel record; and 
(B) determine, in consultation with the 
originating body and consistent with the stand-
ards for postponement under this Act, which of 
the following alternative forms of disclosure 
shall be made by the originating body: 
(i) Any reasonably segregable par-
ticular information in a Missing Armed 
Forces Personnel record. 
(ii) A substitute record for that infor-
mation which is postponed. 
(iii) A summary of a Missing Armed 
Forces Personnel record. 
(3) REPORTING.—With respect to a Missing 
Armed Forces Personnel record, or information 
within a Missing Armed Forces Personnel record, 
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the public disclosure of which is postponed under 
this Act, or for which only substitutions or sum-
maries have been disclosed to the public, the Review 
Board shall create and transmit to the Archivist an 
unclassified and publicly releasable report con-
taining— 
(A) a description of actions by the Review 
Board, the originating body, or any Government 
office (including a justification of any such ac-
tion to postpone disclosure of any record or 
part of any record) and of any official pro-
ceedings conducted by the Review Board; and 
(B) a statement, based on a review of the 
proceedings and in conformity with the deci-
sions reflected therein, designating a rec-
ommended specified time at which, or a speci-
fied occurrence following which, the material 
may be appropriately disclosed to the public 
under this Act, which the Review Board shall 
disclose to the public with notice thereof, rea-
sonably calculated to make interested members 
of the public aware of the existence of the state-
ment. 
(4) ACTIONS AFTER DETERMINATION.— 
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(A) IN GENERAL.—Not later than 14 days 
after the date of a determination by the Review 
Board that a Missing Armed Forces Personnel 
record shall be publicly disclosed in the Collec-
tion or postponed for disclosure and held in the 
protected Collection, the Review Board shall no-
tify the head of the originating body of the de-
termination and highlight and make available 
the determination on a publicly accessible 
website reasonably calculated to make inter-
ested members of the public aware of the exist-
ence 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 postpone-
ment of disclosure of a Missing Armed Forces 
Personnel record, or information contained 
within a Missing Armed Forces Personnel 
record, which shall include a written unclassi-
fied justification for public disclosure or post-
ponement of disclosure, including an expla-
nation of the application of any standards in 
section 6 to the President, to the Committee on 
Homeland Security and Governmental Affairs 
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of the Senate, and the Committee on Oversight 
and Reform of the House of Representatives. 
(5) REFERRAL AFTER TERMINATION.—A Miss-
ing Armed Forces Personnel record that is identi-
fied, 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 over-
sight and, as warranted, referral for possible en-
forcement action relating to a violation of this Act 
and determination as to whether declassification of 
the Missing Armed Forces Personnel is warranted 
under this Act. 
(c) NOTICE TO PUBLIC.—Every 30 days, beginning 
on the date that is 60 days after the date on which the 
Review Board first approves the postponement of disclo-
sure of a Missing Armed Forces Personnel record, the Re-
view Board shall highlight and make accessible on a pub-
licly available website reasonably calculated to make inter-
ested members of the public aware of the existence of the 
postponement a notice that summarizes the postpone-
ments approved by the Review Board, including a descrip-
tion of the subject, originating body, length or other phys-
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Missing Armed Forces Personnel records have been made 
available to the public in accordance with this Act. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this Act, 
to remain available until expended. 
(b) INTERIM FUNDING.—Until such time as funds 
are appropriated pursuant to subsection (a), the President 
may use such sums as are available for discretionary use 
to carry out this Act. 
SEC. 14. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of this Act and the application of that provision to 
other persons not similarly situated or to other cir-
cumstances shall not be affected by the invalidation. 
Æ 
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