Bring Our Heroes Home Act of 2016

Bill: 114-s-3448
Sponsor: Sen. Ayotte, Kelly [R-NH]
Introduced: 2016-09-28 in the Senate
Policy area: Armed Forces and National Security
Subjects: Advisory bodies
Asia
China
Diplomacy, foreign officials, Americans abroad
Executive agency funding and structure
Government information and archives
Government studies and investigations
Libraries and archives
Military personnel and dependents
Missing persons
National Archives and Records Administration
North Korea
Personnel records
Presidents and presidential powers, Vice Presidents
Russia

Summary:
action_date: 2016-09-28
text: 

Bring Our Heroes Home Act of 2016

 
This bill: (1) requires the National Archives and Records Administration (NARA) to establish the Missing Armed Forces Personnel Records Collection; and (2) establishes the Missing Armed Forces Personnel Records Review Board, which shall require all records that relate to the loss, fate, or status of missing Armed Forces personnel to be transmitted to NARA and disclosed to the public in the collection in the absence of clear and convincing evidence that a record is not such a record or that it qualifies for postponement of public disclosure. 
 
The board shall: (1) publish a schedule for review of all such records; and (2) establish processes for the transmission of records for the collection, the maintenance of the collection, and the disclosure of such records.
 
Each government office shall: (1) identify, review, and organize each such record in its possession for transmission to NARA and disclosure to the public or for review by the board; and (2) identify and review for public disclosure each such record previously transferred to NARA that remains classified. 
 
 Each presidential archival depository shall: (1) have as a priority the expedited review for public disclosure of such records in its possession, and (2) make such records available to the board. 
 
NARA shall: (1) make each such record identified as classified available for review by the originating body, and (2) prepare and make available to all government offices a standard form for collecting information relating to records subject to review under this bill.
 
All such records shall be publicly disclosed in full and made available in the collection within five years after enactment of this bill unless the President certifies that: (1) continued postponement is necessary because of an identifiable harm to the military defense, intelligence operations, or conduct of foreign relations; and (2) the harm is of such gravity that it outweighs the public interest in disclosure.
 
The Board shall: (1) render a decision on a determination of a government office to postpone the disclosure of any such record; (2) determine, within two years after enactment of this bill, whether all government offices have complied with it; (3) terminate after four years; and (4) transfer all of its records to NARA for inclusion in the collection.
 
The Board may request the Attorney General to petition any U.S. or foreign court to release information relevant to the loss, fate, or status of missing Armed Forces personnel that is held under seal of such court.


Legislative actions:
action_date: 2016-09-28
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2016-09-28
text: Introduced in Senate