SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES. 
(a) FINDINGS AND DECLARATIONS.—Congress finds 
and declares the following: 
(1) A vast number of records relating to Miss-
ing Armed Forces Personnel have not been identi-
fied, located, or transferred to the National Archives 
following review and declassification. Only in the 
rarest cases is there any legitimate need for contin-
ued protection of records pertaining to Missing 
Armed Forces Personnel who have been missing for 
decades. 
(2) There has been insufficient priority placed 
on identifying, locating, reviewing, or declassifying 
records relating to Missing Armed Forces Personnel 
and then transferring the records to the National 
Archives for public access. 
(3) Mandates for declassification set forth in 
multiple Executive orders have been broadly written, 
loosely interpreted, and often ignored by Federal 
agencies in possession and control of records related 
to Missing Armed Forces Personnel. 
(4) No individual or entity has been tasked with 
oversight of the identification, collection, review, and 
declassification of records related to Missing Armed 
Forces Personnel. 
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(5) The interest, desire, workforce, and funding 
of Federal agencies to assemble, review, and declas-
sify records relating to Missing Armed Forces Per-
sonnel have been lacking. 
(6) All records of the Federal Government re-
lating to Missing Armed Forces Personnel should be 
preserved for historical and governmental purposes 
and for public research. 
(7) All records of the Federal Government re-
lating to Missing Armed Forces Personnel should 
carry a presumption of declassification, and all such 
records should be disclosed under this Act to enable 
the fullest possible accounting for Missing Armed 
Forces Personnel. 
(8) Legislation is necessary to create an en-
forceable, independent, and accountable process for 
the public disclosure of records relating to Missing 
Armed Forces Personnel. 
(9) Legislation is necessary because section 552 
of title 5, United States Code (commonly known as 
the ‘‘Freedom of Information Act’’), as implemented 
by Federal agencies, has prevented the timely public 
disclosure of records relating to Missing Armed 
Forces Personnel. 
(b) PURPOSES.—The purposes of this Act are— 
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(1) to provide for the creation of the Missing 
Armed Forces Personnel Records Collection at the 
National Archives; and 
(2) to require the expeditious public trans-
mission to the Archivist and public disclosure of 
Missing Armed Forces Personnel records, subject to 
narrow exceptions, as set forth in this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ARCHIVIST.—The term ‘‘Archivist’’ means 
Archivist of the United States. 
(2) 
COLLECTION.—The 
term 
‘‘Collection’’ 
means the Missing Armed Forces Personnel Records 
Collection established under section 4(a). 
(3) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’— 
(A) means an agency, as defined in section 
552(f) of title 5, United States Code; and 
(B) includes any Executive department, 
military department, Government corporation, 
Government controlled corporation, or other es-
tablishment in the executive branch of the Fed-
eral Government, including the Executive Office 
of the President, any branch of the Armed 
Forces, and any independent regulatory agency. 
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(4) 
EXECUTIVE
BRANCH
MISSING
ARMED 
FORCES PERSONNEL RECORD.—The term ‘‘executive 
branch Missing Armed Forces Personnel record’’ 
means a Missing Armed Forces Personnel record of 
an Executive agency, or information contained in 
such a Missing Armed Forces Personnel record ob-
tained by or developed within the executive branch 
of the Federal Government. 
(5) GOVERNMENT OFFICE.—The term ‘‘Govern-
ment office’’ means an Executive agency, the Li-
brary of Congress, or the National Archives. 
(6) MISSING ARMED FORCES PERSONNEL.— 
(A) DEFINITION.—The term ‘‘Missing 
Armed Forces Personnel’’ means 1 or more 
missing persons. 
(B) INCLUSIONS.—The term ‘‘Missing 
Armed Forces Personnel’’ includes an indi-
vidual who was a missing person and whose sta-
tus was later changed to ‘‘missing and pre-
sumed dead’’. 
(7) MISSING
ARMED
FORCES
PERSONNEL 
RECORD.—The term ‘‘Missing Armed Forces Per-
sonnel record’’ means a record that relates, directly 
or indirectly, to the loss, fate, or status of Missing 
Armed Forces Personnel that— 
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(A) was created or made available for use 
by, obtained by, or otherwise came into the cus-
tody, 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 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 per-
son’’ has the meaning given that term in section 
1513 of title 10, United States Code. 
(9) NATIONAL ARCHIVES.—The term ‘‘National 
Archives’’— 
(A) means the National Archives and 
Records Administration; and 
(B) includes any component of the Na-
tional Archives and Records Administration (in-
cluding Presidential archival depositories estab-
lished under section 2112 of title 44, United 
States Code). 
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(10) OFFICIAL INVESTIGATION.—The term ‘‘of-
ficial investigation’’ means a review, briefing, in-
quiry, or hearing relating to Missing Armed Forces 
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 Con-
gress, or at the request of any official of the Federal 
Government. 
(11) ORIGINATING
BODY.—The term ‘‘origi-
nating body’’ means the Government office or other 
initial source that created a record or particular in-
formation within a record. 
(12) PUBLIC INTEREST.—The term ‘‘public in-
terest’’ means the compelling interest in the prompt 
public disclosure of Missing Armed Forces Personnel 
records for historical and governmental purposes, for 
public research, and for the purpose of fully inform-
ing the people of the United States, most impor-
tantly families of Missing Armed Forces Personnel, 
about the fate of the Missing Armed Forces Per-
sonnel and the process by which the Federal Govern-
ment has sought to account for them. 
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(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 Personnel 
Records Review Board established under section 7. 
SEC. 4. MISSING ARMED FORCES PERSONNEL RECORDS 
COLLECTION AT THE NATIONAL ARCHIVES. 
(a) ESTABLISHMENT
OF COLLECTION.—Not later 
than 90 days after the date of enactment of this Act, the 
Archivist shall— 
(1) commence establishment of a collection of 
records to be known as the ‘‘Missing Armed Forces 
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 cop-
ies of Missing Armed Forces Personnel Records to 
the Archivist, to include required metadata. 
(b) REGULATIONS.—Not later than 90 days after the 
date of the swearing in of the Board members, the Review 
Board shall promulgate rules to establish guidelines and 
processes for the disclosure of records contained in the 
Collection. 
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SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
NATIONAL ARCHIVES, AND PUBLIC DISCLO-
SURE OF MISSING ARMED FORCES PER-
SONNEL RECORDS BY GOVERNMENT OF-
FICES. 
(a) IN GENERAL.— 
(1) PREPARATION.—As soon as practicable 
after the date of enactment of this Act, and suffi-
ciently in advance of the deadlines established under 
this Act, each Government office shall— 
(A) identify and locate any Missing Armed 
Forces Personnel records in the custody, pos-
session, or control of the Government office; 
and 
(B) prepare for transmission to the Archi-
vist in accordance with the criteria and accept-
able formats established by the Archivist a copy 
of any Missing Armed Forces Personnel records 
that have not previously been transmitted to the 
Archivist by the Government office. 
(2) CERTIFICATION.—Each Government office 
shall submit to the Archivist, under penalty of per-
jury, a certification indicating— 
(A) whether the Government office has 
conducted a thorough search for all Missing 
Armed Forces Personnel records in the custody, 
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possession, or control of the Government office; 
and 
(B) whether a copy of any Missing Armed 
Forces Personnel record has not been trans-
mitted to the Archivist. 
(3) 
PRESERVATION.—No 
Missing 
Armed 
Forces Personnel record shall be destroyed, altered, 
or mutilated in any way. 
(4) EFFECT OF PREVIOUS DISCLOSURE.—Infor-
mation that was made available or disclosed to the 
public before the date of enactment of this Act in a 
Missing Armed Forces Personnel record may not be 
withheld, redacted, postponed for public disclosure, 
or reclassified. 
(5) 
WITHHELD
AND
SUBSTANTIALLY
RE-
DACTED RECORDS.—For any Missing Armed Forces 
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 un-
classified and publicly releasable report to the Archi-
vist, the Review Board, and each appropriate com-
mittee of the Senate and the House of Representa-
tives justifying the decision of the Government office 
to substantially redact or withhold the record by 
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demonstrating that the release of information would 
clearly and demonstrably be expected to cause an ar-
ticulated harm, and that the harm would be of such 
gravity as to outweigh the public interest in access 
to the information. 
(b) REVIEW.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, each Gov-
ernment office shall, in accordance with the criteria 
and acceptable formats established by the Archi-
vist— 
(A) identify, locate, copy, and review each 
Missing Armed Forces Personnel record in the 
custody, possession, or control of the Govern-
ment office for transmission to the Archivist 
and disclosure to the public or, if needed, re-
view by the Review Board; and 
(B) cooperate fully, in consultation with 
the Archivist, in carrying out paragraph (3). 
(2) REQUIREMENT.—The Review Board shall 
promulgate rules for the disclosure of relevant 
records by Government offices under paragraph (1). 
(3) NATIONAL ARCHIVES RECORDS.—Not later 
than 180 days after the date of enactment of this 
Act, the Archivist shall— 
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(A) locate and identify all Missing Armed 
Forces 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 Ar-
chivist locates and identifies a record of the 
Government office under subparagraph (A); and 
(C) make each classified Missing Armed 
Forces Personnel record located and identified 
under subparagraph (A) available for review by 
Executive agencies through the National De-
classification Center established under Execu-
tive Order 13526 or any successor order. 
(4) RECORDS
ALREADY
PUBLIC.—A Missing 
Armed Forces Personnel record that is in the cus-
tody of the National Archives on the date of enact-
ment of this Act and that has been publicly available 
in its entirety without redaction shall be made avail-
able in the Collection without any additional review 
by the Archivist, the Review Board, or any other 
Government office under this Act. 
(c) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall— 
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(1) not later than 180 days after the date of 
enactment of this Act, commence transmission to the 
Archivist of copies of the Missing Armed Forces 
Personnel records in the custody, possession, or con-
trol of the Government office; and 
(2) not later than 1 year after the date of en-
actment of this Act, complete transmission to the 
Archivist of copies of all Missing Armed Forces Per-
sonnel records in the possession or control of the 
Government office. 
(d) PERIODIC REVIEW
OF POSTPONED MISSING 
ARMED SERVICES PERSONNEL RECORDS.— 
(1) IN GENERAL.—All Missing Armed Forces 
Personnel records, or information within a Missing 
Armed Forces Personnel record, the public disclo-
sure of which has been postponed under the stand-
ards under this Act shall be reviewed by the origi-
nating body— 
(A)(i) periodically, but not less than every 
5 years, after the date on which the Review 
Board terminates under section 7(o); 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.— 
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(A) IN GENERAL.—A periodic review of a 
Missing Armed Forces Personnel record, or in-
formation within a Missing Armed Forces Per-
sonnel record, by the originating body shall ad-
dress the public disclosure of the Missing 
Armed Forces Personnel record under the 
standards under this Act. 
(B) CONTINUED
POSTPONEMENT.—If an 
originating body conducting a periodic review of 
a Missing Armed Forces Personnel record, or 
information within a Missing Armed Forces 
Personnel record, the public disclosure of which 
has been postponed under the standards under 
this Act, determines that continued postpone-
ment is required, the originating body shall pro-
vide to the Archivist an unclassified written de-
scription of the reason for the continued post-
ponement that the Archivist 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 Personnel records, 
or information within a Missing Armed Forces 
Personnel record, shall serve the purpose stated 
in section 2(b)(2), to provide expeditious public 
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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 in full or that is substantially redacted; 
(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 swearing in of the Board members. 
(3) REPORT.—Before the termination of the 
Review Board under paragraph (2), the Review 
Board shall submit to Congress reports, including a 
complete and accurate accounting of expenditures 
during its existence, and shall complete all other 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 sworn in, 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 swearing 
in of the Board members, 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 the 
record is not a Missing Armed Forces Personnel 
record. 
(2) POSTPONEMENT.—In approving postpone-
ment of public disclosure of a Missing Armed Forces 
Personnel record, or information within a Missing 
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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, 
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 
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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.— 
(A) IN GENERAL.—Not later than 30 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 
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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 
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 
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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-
ical 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 
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thereafter until the Review Board terminates, the 
Review Board shall submit a report regarding the 
activities of the Review Board to— 
(A) the Committee on Oversight and Re-
form of the House of Representatives; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the President; 
(D) the Archivist; and 
(E) the head of any Government office the 
records of which have been the subject of Re-
view 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, trans-
mission to the Archivist, and public disclosure 
of Missing Armed Forces Personnel records. 
(C) The estimated time and volume of 
Missing Armed Forces Personnel records in-
volved in the completion of the duties of the Re-
view Board under this Act. 
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(D) Any special problems, including re-
quests and the level of cooperation of Govern-
ment offices, with regard to the ability of the 
Review Board to carry out its duties under this 
Act. 
(E) A record of review activities, including 
a record of postponement decisions by the Re-
view Board or other related actions authorized 
under this Act, 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 re-
ports relating to postponed records submitted to 
the Archivist under subsection (b)(3) since the 
end of the period covered by the most recent re-
port under paragraph (1). 
(3) TERMINATION NOTICE.—Not later than 90 
days before the Review Board expects to complete 
the work of the Review Board under this Act, the 
Review Board shall provide written notice to Con-
gress of the intent of the Review Board to terminate 
operations at a specified date. 
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SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDI-
TIONAL STUDY. 
(a) MATERIALS UNDER SEAL OF COURT.— 
(1) IN GENERAL.—The Review Board may re-
quest 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 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 infor-
mation relevant to loss, fate, or status of Miss-
ing Armed Forces Personnel that is held under 
the injunction of secrecy of a grand jury. 
(B) TREATMENT.—A request for disclo-
sure of Missing Armed Forces Personnel mate-
rials under this Act shall be deemed to con-
stitute a showing of particularized need under 
rule 6 of the Federal Rules of Criminal Proce-
dure. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Attorney General should assist the Re-
view Board in good faith to unseal any records that 
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the Review Board determines to be relevant and held 
under seal by a court or under the injunction of se-
crecy of a grand jury; 
(2) the Secretary of State should— 
(A) contact the Governments of the Rus-
sian 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 Personnel; and 
(B) contact any other foreign government 
that may hold information relevant to the loss, 
fate, or status of Missing Armed Forces Per-
sonnel, and seek disclosure of such information; 
and 
(3) all agencies should cooperate in full with the 
Review Board to seek the disclosure of all informa-
tion relevant to the loss, fate, or status of Missing 
Armed Forces Personnel consistent with the public 
interest. 
SEC. 11. RULES OF CONSTRUCTION. 
(a) PRECEDENCE OVER OTHER LAW.—When this 
Act requires transmission of a record to the Archivist or 
public disclosure, it shall take precedence over any other 
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