,,ii #aadth ,,congress #b;d ,session ,s4 #cddh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjaf ,ms4 ,ayotte introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide for the creation of the ,missing ,armed ,forces ,personnel ,records ,collection at the ,national ,archives1 to require the expeditious public transmission to the ,archivist and public disclosure of ,missing ,armed ,forces ,personnel records1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bring ,our ,heroes ,home ,act of #bjaf4 #b4 ,findings1 declarations1 and purposes 7a7 ,findings and declarations ,congress finds and declares the following3 7#a7 ,a vast number of records relating to ,missing ,armed ,forces ,personnel have not been identified1 located1 or transferred to the ,national ,archives for review and declassification4 ,only in the rarest cases is there any legitimate need for continued protection of records pertaining to ,missing ,armed ,forces ,personnel who have been missing for decades4 7#b7 ,there has been insufficient priority placed on identifying1 locating1 transferring1 reviewing1 or declassifying records relating to ,missing ,armed ,forces ,personnel4 7#c7 ,mandates for declassification set forth in multiple ,executive orders have been broadly written1 loosely interpreted1 and often ignored by ,federal ,government officials in possession and control of records related to ,missing ,armed ,forces ,personnel4 7#d7 ,no individual or entity has been tasked with oversight of the identification1 collection1 review1 and declassification of records related to ,missing ,armed ,forces ,personnel4 7#e7 ,the interest1 desire1 workforce1 and funding of ,federal agencies to assemble1 review1 and declassify records relating to ,missing ,armed ,forces ,personnel have been lacking4 7#f7 ,all records of the ,federal ,government relating to ,missing ,armed ,forces ,personnel should be preserved for historical and governmental purposes4 7#g7 ,all records of the ,federal ,government relating ,missing ,armed ,forces ,personnel should carry a presumption of immediate disclosure1 and all such records should be disclosed under this ,act to enable the fullest possible accounting for ,missing ,armed ,forces ,personnel4 7#h7 ,legislation is necessary to create an enforceable1 independent1 and accountable process for the public disclosure of records relating to ,missing ,armed ,forces ,personnel4 7#i7 ,legislation is necessary because section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 as implemented by the executive branch of the ,federal ,government1 has prevented the timely public disclosure of records relating to ,missing ,armed ,forces ,personnel4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to provide for the creation of the ,missing ,armed ,forces ,personnel ,records ,collection at the ,national ,archives2 and 7#b7 to require the expeditious public transmission to the ,archivist and public disclosure of ,missing ,armed ,forces ,personnel records4 #c4 ,definitions ,in this ,act3 7#a7 ,archivist ,the term ,archivist means ,archivist of the ,united ,states4 7#b7 ,collection ,the term ,collection means the ,missing ,armed ,forces ,personnel ,records ,collection established under section #d7;a74 7#c7 ,executive agency ,the term ,executive agency-- 7,a7 means an agency1 as defined in section #eeb7;f7 of title #e1 ,united ,states ,code2 and 7,b7 includes any ,executive department1 military department1 ,government corporation1 ,government controlled corporation1 or other establishment in the executive branch of the ,federal ,government1 including the ,executive ,office of the ,president1 any branch of the ,armed ,forces1 and any independent regulatory agency4 7#d7 ,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 agency1 or information contained in such a ,missing ,armed ,forces ,personnel record obtained or developed solely within the executive branch of the ,federal ,government4 7#e7 ,government office ,the term ,government office means a department or agency within the executive branch of the ,federal ,government1 the ,library of ,congress1 and the ,national ,archives4 7#f7 ,identification aid ,the term identification aid means the standard form prepared under section #e7;d77#a77;,a74 7#g7 ,missing ,armed ,forces personnel ,the term ,missing ,armed ,forces ,personnel means one or more missing persons as defined in section #aeac of title #aj1 ,united ,states ,code4 7#h7 ,missing ,armed ,forces ,personnel record ,the term ,missing ,armed ,forces ,personnel record means a record that relates1 directly or indirectly1 to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel that was created or made available for use by1 obtained by1 or otherwise came into the custody1 possession1 or control of-- 7,a7 any ,government office2 7,b7 any ,presidential library2 or 7,c7 any of the ,armed ,forces4 7#i7 ,national ,archives ,the term ,national ,archives-- 7,a7 means the ,national ,archives and ,records ,administration2 and 7,b7 includes-- 7i7 any component of the ,national ,archives and ,records ,administration2 and 7ii7 a ,presidential archival depository established under section #baab of title #dd1 ,united ,states ,code4 7#aj7 ,official investigation ,the term official investigation means a review1 briefing1 or hearing relating to ,missing ,armed ,forces ,personnel conducted by a ,presidential commission1 committee of ,congress1 or agency1 regardless of whether it is conducted independently1 at the request of any ,presidential commission or committee of ,congress1 or at the request of any official of the ,federal ,government4 7#aa7 ,originating body ,the term originating body means the ,government office that created a record or particular information within a record4 7#ab7 ,public interest ,the term public interest means the compelling interest in the prompt public disclosure of ,missing ,armed ,forces ,personnel records for historical and governmental purposes and for the purpose of fully informing the people of the ,united ,states1 most importantly families of ,missing ,armed ,forces ,personnel1 about the fate of the ,missing ,armed ,forces ,personnel and the process by which the ,federal ,government has sought to account for them4 7#ac7 ,record ,the term record includes a book1 paper1 map1 photograph1 sound or video recording1 machine readable material1 computerized1 digitized1 or electronic information1 regardless of the medium on which it is stored1 and other documentary material1 regardless of its physical form or characteristics4 7#ad7 ,review board ,the term ,review ,board means the ,missing ,armed ,forces ,personnel ,records ,review ,board established under section #g4 7#ae7 ,third agency ,the term third agency means a ,government office that originated a ,missing ,armed ,forces ,personnel record that is in the custody1 possession1 or control of another ,government office whose review and authorization is required before a record can be designated for disclosure4 #d4 ,missing ,armed ,forces ,personnel ,records ,collection at the ,national ,archives 7a7 ,establishment of ,collection ,not later than #fj days after the date of enactment of this ,act1 the ,national ,archives shall commence establishment of a collection of records to be known as the ,missing ,armed ,forces ,personnel ,records ,collection4 7b7 ,regulations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,review ,board shall promulgate rules to establish guidelines and processes for the maintenance of the ,collection4 7#b7 ,requirements ,the rules required to be promulgated under paragraph 7#a7 shall include guidelines and processes for-- 7,a7 transmission of records for inclusion in the ,collection2 7,b7 disclosure of records contained in the ,collection2 7,c7 fees for copying of records contained in the ,collection2 and 7,d7 availability and security of records contained in the ,collection4 #e4 ,review1 identification1 transmission to the ,national ,archives1 and public disclosure of ,missing ,armed ,forces ,personnel records by ,government offices 7a7 ,in general 7#a7 ,preparation ,as soon as practicable after the date of enactment of this ,act1 and sufficiently in advance of the deadlines established under this ,act1 each ,government office shall-- 7,a7 identify1 locate1 and organize any ,missing ,armed ,forces ,personnel records in the custody1 possession1 or control of the ,government office2 and 7,b7 prepare for transmission to the ,archivist any ,missing ,armed ,forces ,personnel records that have not previously been transmitted to the ,archivist by the ,government office4 7#b7 ,certification ,each ,government office shall submit to the ,archivist1 under penalty of perjury1 a certification indicating-- 7,a7 whether the ,government office has conducted a thorough search for all ,missing ,armed ,forces ,personnel records in the custody1 possession1 or control of the ,government office2 and 7,b7 whether any ,missing ,armed ,forces ,personnel record has been withheld by the office1 other than in accordance with this ,act4 7#c7 ,preservation ,no ,missing ,armed ,forces ,personnel record shall be destroyed1 altered1 or mutilated in any way4 7#d7 ,effect of previous disclosure ,a ,missing ,armed ,forces ,personnel record made available or disclosed to the public before the date of enactment of this ,act may not be withheld1 redacted1 postponed for public disclosure1 or reclassified4 7#e7 ,non-,federal records ,except for the exclusion of names or identities in accordance with section #f1 a ,missing ,armed ,forces ,personnel record created by an individual or entity that is not part of the ,federal ,government may not be withheld1 redacted1 postponed for public disclosure1 or reclassified4 7#f7 ,withheld records ,for any ,missing ,armed ,forces ,personnel record that is withheld by a ,government office from the ,archivist or the ,review ,board1 the head of the ,government office shall submit an unclassified report to the ,review ,board and each appropriate committee of the ,senate and the ,house of ,representatives explaining the decision to withhold the record4 7b7 ,custody of ,missing ,armed ,forces ,personnel records pending review ,during the period during which a ,missing ,armed ,forces ,personnel record is being reviewed by a ,government office and any review activity by the ,review ,board relating to the ,missing ,armed ,forces ,personnel record is pending1 the ,government office shall retain custody of the ,missing ,armed ,forces ,personnel record for purposes of preservation1 security1 and efficiency1 unless-- 7#a7 the ,review ,board requires the physical transfer of the ,missing ,armed ,forces ,personnel record for purposes of conducting an independent and impartial review2 or 7#b7 transfer is necessary for an administrative hearing or other ,review ,board function4 7c7 ,review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 each ,government office shall1 in accordance with the rules promulgated under paragraph 7#b7-- 7,a7 identify1 locate1 review1 and organize each ,missing ,armed ,forces ,personnel record in the custody1 possession1 or control of the ,government office for transmission to the ,archivist and disclosure to the public or1 if needed1 review by the ,review ,board2 and 7,b7 identify and review for public disclosure each ,missing ,armed ,services ,personnel record previously transferred to the ,national ,archives that remains classified in whole or in part4 7#b7 ,requirement ,the ,review ,board shall promulgate rules for the disclosure of relevant records by ,government offices under paragraph 7#a74 7#c7 ,presidential archival depositories ,the ,director of each ,presidential archival depository established under section #baab of title #dd1 ,united ,states ,code1 shall-- 7,a7 have as a priority the expedited review for public disclosure of ,missing ,armed ,forces ,personnel records in the custody1 possession1 or control of the depository2 and 7,b7 make ,missing ,armed ,forces ,personnel records available to the ,review ,board as required under this ,act4 7#d7 ,national ,archives records ,not later than #fj days after the date of enactment of this ,act1 the ,archivist shall-- 7,a7 locate and identify all ,missing ,armed ,forces ,personnel records in the custody1 possession1 or control of the ,national ,archives that remain classified1 in whole or in part2 7,b7 notify a ,government office if the ,archivist locates and identifies a record of the ,government office under subparagraph 7,a72 and 7,c7 make each ,missing ,armed ,forces ,personnel record located and identified under subparagraph 7,a7 available for review by the originating body4 7d7 ,identification aids 7#a7 ,preparation 7,a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,archivist1 in consultation with the appropriate ,government offices1 shall prepare and make available to all ,government offices a standard form for collecting information relating to each ,missing ,armed ,forces ,personnel record subject to review under this ,act4 7,b7 ,compatibility ,the ,archivist shall prepare and make available identification aids in a manner that results in a uniform and compatible system of electronic records for use by ,government offices4 7#b7 ,use ,upon completion of an identification aid1 a ,government office shall-- 7,a7 attach a printed copy to the record to which the identification aid relates2 7,b7 transmit to the ,review ,board a printed copy of the identification aid2 and 7,c7 attach a printed copy to each ,missing ,armed ,forces ,personnel record described in the identification aid when the ,missing ,armed ,forces ,personnel record is transmitted to the ,archivist4 7#c7 ,records already public ,a ,missing ,armed ,forces ,personnel record that is in the custody1 possession1 or control of the ,national ,archives on the date of enactment of this ,act1 and that has been publicly available in its entirety without redaction-- 7,a7 shall be made available in the ,collection without any additional review by the ,review ,board or another ,government office under this ,act2 and 7,b7 shall not be required to have an identification aid1 unless required by the ,archivist4 7e7 ,transmission to the ,national ,archives ,each ,government office shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 transmit to the ,archivist1 and make available to the public1 all ,missing ,armed ,forces ,personnel records in the custody1 possession or control of the ,government office that may be publicly disclosed under the standards under this ,act1 including those that are publicly available on the date of enactment of this ,act1 without any redaction1 adjustment1 or withholding2 and 7#b7 transmit to the ,archivist upon approval for postponement by the ,review ,board or upon completion of other action authorized by this ,act1 all ,missing ,armed ,forces ,personnel records the public disclosure of which has been postponed1 in whole or in part1 under the standards under this ,act1 to become part of the protected ,collection4 7f7 ,custody of postponed missing armed services personnel records ,a ,missing ,armed ,forces ,personnel record the public disclosure of which has been postponed under the standards under this ,act shall1 pending transmission to the ,archivist1 be held for reasons of security and preservation by the originating body until such time as an information security program has been established at the ,national ,archives4 7g7 ,periodic review of postponed missing armed services personnel records 7#a7 ,in general ,all ,missing ,armed ,forces ,personnel records1 or information within a ,missing ,armed ,forces ,personnel record1 the public disclosure of which has been postponed under the standards under this ,act shall be reviewed periodically by the originating body and by the ,archivist consistent with the recommendations of the ,review ,board under section #i7;c77#c77;,b74 7#b7 ,contents 7,a7 ,in general ,a periodic review of a ,missing ,armed ,forces ,personnel record1 or information within a ,missing ,armed ,forces ,personnel record1 by the originating body shall address the public disclosure of the ,missing ,armed ,forces ,personnel record under the standards under this ,act4 7,b7 ,continued postponement ,if an originating body conducting a periodic review of a ,missing ,armed ,forces ,personnel record1 or information within a ,missing ,armed ,forces ,personnel record1 the public disclosure of which has been postponed under the standards under this ,act determines that continued postponement is required1 the originating body shall provide to the ,archivist and publish in the ,federal ,register an unclassified written description of the reason for the continued postponement4 7,c7 ,scope ,the periodic review of postponed ,missing ,armed ,forces ,personnel records1 or information within a ,missing ,armed ,forces ,personnel record1 shall serve the purpose stated in section #b7;b77#b71 to provide expeditious public disclosure of ,missing ,armed ,forces ,personnel records1 to the fullest extent possible1 subject only to the grounds for postponement of disclosure under section #f4 7,d7 ,disclosure absent certification by ,president ,not later than #e years after the date of enactment of this ,act1 all ,missing ,armed ,forces ,personnel records1 and information within a ,missing ,armed ,forces ,personnel record1 shall be publicly disclosed in full1 and available in the ,collection1 unless the ,president submits to the ,archivist a certification that-- 7i7 continued postponement is necessary because of an identifiable harm to the military defense1 intelligence operations1 or conduct of foreign relations2 and 7ii7 the identifiable harm is of such gravity that it outweighs the public interest in disclosure4 7h7 ,fees for copying ,an ,executive agency-- 7#a7 shall charge a fee for copying ,missing ,armed ,forces ,personnel records2 and 7#b7 may grant a waiver of such a fee in a manner in accordance with the standards established by the head of the ,executive agency for purposes of section #eeb7;a77#d7 of title #e1 ,united ,states ,code4 #f4 ,grounds for ,postponement of ,public ,disclosure of ,records ,disclosure to the public of a ,missing ,armed ,forces ,personnel record or particular information in a ,missing ,armed ,forces ,personnel record may be postponed subject to the limitations under this ,act if there is clear and convincing evidence that-- 7#a7 the threat to the military defense1 intelligence operations1 or conduct of foreign relations of the ,united ,states posed by the public disclosure of the ,missing ,armed ,forces ,personnel record or information is of such gravity that it outweighs the public interest1 and such public disclosure would reveal-- 7,a7 an intelligence agent whose identity requires continued protection2 7,b7 an intelligence source or method-- 7i7 which is in use1 or reasonably expected to be used1 by the ,federal ,government2 7ii7 which has not been officially disclosed2 and 7iii7 the disclosure of which would interfere with the conduct of intelligence activities2 or 7,c7 any other matter relating to the current military defense1 intelligence operations1 or conduct of foreign relations of the ,united ,states1 the disclosure of which would demonstrably impair the national security of the ,united ,states2 7#b7 the public disclosure of the ,missing ,armed ,forces ,personnel record 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 person2 or 7#c7 the public disclosure of the ,missing ,armed ,forces ,personnel record could reasonably be expected to constitute an unwarranted invasion of personal privacy1 and that invasion of privacy is so substantial that it outweighs the public interest4 #g4 ,establishment and ,powers of the ,missing ,armed ,forces ,personnel ,records ,review ,board 7a7 ,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 ,board4 7b7 ,membership 7#a7 ,appointments ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #e individuals to serve as a member of the ,review ,board to ensure and facilitate the review1 transmission to the ,archivist1 and public disclosure of ,missing ,armed ,forces ,personnel records4 7#b7 ,qualifications ,the ,president shall appoint individuals to serve as members of the ,review ,board-- 7,a7 without regard to political affiliation2 7,b7 who are citizens of the ,united ,states of integrity and impartiality2 7,c7 who have high national professional reputation in their fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the identification1 location1 review1 transmission to the ,archivist1 and public disclosure of ,missing ,armed ,forces ,personnel records2 7,d7 who possess an appreciation of the value of ,missing ,armed ,forces ,personnel records to scholars1 the ,federal ,government1 and the public1 particularly families of ,missing ,armed ,forces ,personnel2 7,e7 not less than one professional historian2 and 7,f7 not less than one attorney4 7#c7 ,deadlines 7,a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,president shall submit nominations for all members of the ,review ,board4 7,b7 ,confirmation rejected ,if the ,senate votes not to confirm a nomination to serve as a member of the ,review ,board1 not later than #ij days after the date of the vote the ,president shall submit the nomination of an additional individual to serve as a member of the ,review ,board4 7#d7 ,consultation ,the ,president shall make nominations to the ,review ,board after considering individuals recommended by the ,american ,historical ,association1 the ,organization of ,american ,historians1 the ,society of ,american ,archivists1 the ,american ,bar ,association1 veterans' organizations1 and organizations representing families of ,missing ,armed ,forces ,personnel4 7c7 ,security clearances ,the appropriate departments1 agencies1 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 ,board1 seeking security clearances necessary to carry out the duties of the ,review ,board1 is expeditiously reviewed and granted or denied4 7d7 ,confirmation 7#a7 ,hearings ,not later #cj days on which the ,senate is in session after the date on which not less than #c individuals have been nominated to serve as members of the ,review ,board1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate shall hold confirmation hearings on the nominations4 7#b7 ,committee vote ,not later than #ad 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 ,board1 the committee shall vote on the nomination and report the results to the full ,senate immediately4 7#c7 ,senate vote ,not later than #ad days on which the ,senate is in session after the date on 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 ,board1 the ,senate shall vote on the confirmation of the nominee4 7e7 ,vacancy ,not later than #fj days after the date on which a vacancy on the ,review ,board occurs1 the vacancy shall be filled in the same manner as specified for original appointment4 7f7 ,chairperson ,the members of the ,review ,board shall elect a member as ,chairperson at the initial meeting of the ,review ,board4 7g7 ,removal of ,review ,board member 7#a7 ,in general ,a member of the ,review ,board shall not be removed from office1 other than-- 7,a7 by impeachment by ,congress2 or 7,b7 by the action of the ,president for inefficiency1 neglect of duty1 malfeasance in office1 physical disability1 mental incapacity1 or any other condition that substantially impairs the performance of the member's duties4 7#b7 ,judicial review 7,a7 ,in general ,a member of the ,review ,board removed from office may obtain judicial review of the removal in a civil action commenced in the ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,relief ,the member may be reinstated or granted other appropriate relief by order of the court4 7h7 ,compensation of members 7#a7 ,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 prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,review ,board4 7#b7 ,travel expenses ,a member of the ,review ,board shall be allowed reasonable travel expenses1 including per diem in lieu of subsistence1 at rates for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the member's home or regular place of business in the performance of services for the ,review ,board4 7i7 ,duties of the review board 7#a7 ,in general ,the ,review ,board shall consider and render a decision on a determination by a ,government office to seek to postpone the disclosure of a ,missing ,armed ,forces ,personnel record1 in whole or in part4 7#b7 ,records ,in carrying out paragraph 7#a71 the ,review ,board shall consider and render a decision regarding-- 7,a7 whether a record constitutes a ,missing ,armed ,forces ,personnel record2 and 7,b7 whether a ,missing ,armed ,forces ,personnel record1 or particular information in a ,missing ,armed ,forces ,personnel record1 qualifies for postponement of disclosure under this ,act4 7j7 ,powers ,the ,review ,board shall have the authority to act in a manner prescribed under this ,act1 including authority to-- 7#a7 direct ,government offices to create identification aids and organize ,missing ,armed ,forces ,personnel records2 7#b7 direct ,government offices to transmit to the ,archivist ,missing ,armed ,forces ,personnel records as required under this ,act1 including segregable portions of ,missing ,armed ,forces ,personnel records and substitutes and summaries of ,missing ,armed ,forces ,personnel records that can be publicly disclosed to the fullest extent2 7#c7 obtain access to ,missing ,armed ,forces ,personnel records that have been identified and organized by a ,government office2 7#d7 direct a ,government office to make available to the ,review ,board1 and if necessary investigate the facts surrounding1 additional information1 records1 or testimony from individuals1 which the ,review ,board has reason to believe is required to fulfill its functions and responsibilities under this ,act2 7#e7 hold such hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,review ,board considers advisable to carry out its responsibilities under this ,act2 7#f7 hold individuals in contempt for failure to comply with directives and mandates issued by the ,review ,board under this ,act1 which shall not include the authority to imprison or fine any individual2 7#g7 require any ,government office to account in writing for the destruction of any records relating to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel2 and 7#h7 receive information from the public regarding the identification and public disclosure of ,missing ,armed ,forces ,personnel records4 7k7 ,witness immunity ,the ,review ,board shall be considered to be an agency of the ,united ,states for purposes of section #fjja of title #ah1 ,united ,states ,code4 7l7 ,oversight 7#a7 ,in general ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives shall have-- 7,a7 continuing oversight jurisdiction with respect to the official conduct of the ,review ,board and the disposition of postponed records after termination of the ,review ,board2 and 7,b7 upon request1 access to any records held or created by the ,review ,board4 7#b7 ,duty of ,review ,board ,the ,review ,board shall have the duty to cooperate with the exercise of oversight jurisdiction under paragraph 7#a74 7m7 ,support services ,the ,administrator of the ,general ,services ,administration shall provide administrative services for the ,review ,board on a reimbursable basis4 7n7 ,interpretive regulations ,the ,review ,board may issue interpretive regulations4 7o7 ,termination and winding ,up 7#a7 ,in general ,two years after the date of enactment of this ,act1 the ,review ,board shall1 by majority vote1 determine whether all ,government offices have complied with the obligations1 mandates1 and directives under this ,act4 7#b7 ,termination date ,the ,review ,board shall terminate on the date that is #d years after the date of enactment of this ,act4 7#c7 ,report ,before the termination of the ,review ,board under paragraph 7#b71 the ,review ,board shall submit to ,congress reports1 including a complete and accurate accounting of expenditures during its existence1 and shall complete all other reporting requirements under this ,act4 7#d7 ,records ,upon termination of the ,review ,board1 the ,review ,board shall transfer all records of the ,review ,board to the ,archivist for inclusion in the ,collection1 and no record of the ,review ,board shall be destroyed4 #h4 ,missing ,armed ,forces ,personnel ,records ,review ,board ,personnel 7a7 ,executive director 7#a7 ,in general ,not later than #de days after the initial meeting of the ,review ,board1 the ,review ,board shall appoint an individual to the position of ,executive ,director4 7#b7 ,qualifications ,the individual appointed as ,executive ,director of the ,review ,board-- 7,a7 shall be a citizen of the ,united ,states of integrity and impartiality2 7,b7 shall be appointed without regard to political affiliation2 and 7,c7 shall not have any conflict of interest with the mission of the ,review ,board4 7#c7 ,security clearance 7,a7 ,limit on appointment ,the ,review ,board shall not appoint an individual as ,executive ,director until after the date on which the individual qualifies for the necessary security clearance4 7,b7 ,expedited provision ,the appropriate departments1 agencies1 and elements of the executive branch of the ,federal ,government shall cooperate to ensure that an application by an individual nominated to be ,executive ,director1 seeking security clearances necessary to carry out the duties of the ,executive ,director1 is expeditiously reviewed and granted or denied4 7#d7 ,duties ,the ,executive ,director shall-- 7,a7 serve as principal liaison to ,government offices2 7,b7 be responsible for the administration and coordination of the review of records by the ,review ,board2 7,c7 be responsible for the administration of all official activities conducted by the ,review ,board2 and 7,d7 not have the authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure4 7#e7 ,removal ,the ,executive ,director may be removed by a majority vote of the ,review ,board4 7b7 ,staff 7#a7 ,in general ,the ,review ,board may1 in accordance with the civil service laws1 but without regard to civil service law and regulation for competitive service as defined in subchapter #a1 chapter #cc of title #e1 ,united ,states ,code1 appoint and terminate additional employees as are necessary to enable the ,review ,board and the ,executive ,director to perform their duties under this ,act4 7#b7 ,qualifications ,an individual appointed to a position as an employee of the ,review ,board-- 7,a7 shall be a citizen of the ,united ,states of integrity and impartiality2 and 7,b7 shall not have had any previous involvement with any official investigation or inquiry relating to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel4 7#c7 ,security clearance 7,a7 ,limit on appointment ,the ,review ,board shall not appoint an individual as an employee of the ,review ,board until after the date on which the individual qualifies for the necessary security clearance4 7,b7 ,expedited provision ,the appropriate departments1 agencies1 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 with the ,review ,board1 seeking security clearances necessary to carry out the duties of the position1 is expeditiously reviewed and granted or denied4 7c7 ,compensation ,the ,review ,board shall fix the compensation of the ,executive ,director and other employees of the ,review ,board without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7d7 ,advisory committees 7#a7 ,in general ,the ,review ,board may create one or more advisory committees to assist in fulfilling the responsibilities of the ,review ,board under this ,act4 7#b7 ,applicability of ,,faca ,any advisory committee created by the ,review ,board shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #i4 ,review of records by the ,missing ,armed ,forces ,personnel ,records ,review ,board 7a7 ,custody of records reviewed by ,review ,board ,pending the outcome of the review activity of the ,review ,board1 a ,government office shall retain a ,missing ,armed ,forces ,personnel record in the custody1 possession or control of the ,government office for purposes of preservation1 security1 and efficiency1 unless-- 7#a7 the ,review ,board requires the physical transfer of records for reasons of conducting an independent and impartial review2 or 7#b7 such transfer is necessary for an administrative hearing or other official function of the ,review ,board4 7b7 ,startup requirements ,the ,review ,board shall-- 7#a7 not later than #ij days after the date on which all members are appointed1 publish a schedule for review of all ,missing ,armed ,forces ,personnel records in the ,federal ,register2 and 7#b7 not later than #ahj days after the date of enactment of this ,act1 begin reviewing of ,missing ,armed ,forces ,personnel records under this ,act4 7c7 ,determination of the review board 7#a7 ,in general ,the ,review ,board shall direct that all records that relate1 directly or indirectly1 to the loss1 fate1 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-- 7,a7 the record is not a ,missing ,armed ,forces ,personnel record2 or 7,b7 the ,missing ,armed ,forces ,personnel record1 or particular information within the ,missing ,armed ,forces ,personnel record1 qualifies for postponement of public disclosure under this ,act4 7#b7 ,postponement ,in approving postponement of public disclosure of a ,missing ,armed ,forces ,personnel record1 or information within a ,missing ,armed ,forces ,personnel record1 the ,review ,board shall seek to-- 7,a7 provide for the disclosure of segregable parts1 substitutes1 or summaries of the ,missing ,armed ,forces ,personnel record2 and 7,b7 determine1 in consultation with the originating body and consistent with the standards for postponement under this ,act1 which of the following alternative forms of disclosure shall be made by the originating body3 7i7 ,any reasonably segregable particular information in a ,missing ,armed ,forces ,personnel record4 7ii7 ,a substitute record for that information which is postponed4 7iii7 ,a summary of a ,missing ,armed ,forces ,personnel record4 7#c7 ,reporting ,with respect to a ,missing ,armed ,forces ,personnel record1 or information within a ,missing ,armed ,forces ,personnel record1 the public disclosure of which is postponed under this ,act1 or for which only substitutions or summaries have been disclosed to the public1 the ,review ,board shall create and transmit to the ,archivist a report containing-- 7,a7 a description of actions by the ,review ,board1 the originating body1 or any ,government office 7including a justification of any such action to postpone disclosure of any record or part of any record7 and of any official proceedings conducted by the ,review ,board2 and 7,b7 a statement1 based on a review of the proceedings and in conformity with the decisions reflected therein1 designating a recommended specified time at which1 or a specified occurrence following which1 the material may be appropriately disclosed to the public under this ,act1 which the ,review ,board shall disclose to the public with notice thereof1 reasonably calculated to make interested members of the public aware of the existence of the statement4 7#d7 ,actions after determination 7,a7 ,in general ,not later than #ad days after the date of a determination by the ,review ,board that a ,missing ,armed ,forces ,personnel record shall be publicly disclosed in the ,collection or postponed for disclosure and held in the protected ,collection1 the ,review ,board shall notify the head of the originating body of the determination and publish a copy of the determination in the ,federal ,register4 7,b7 ,oversight notice ,simultaneous with notice under subparagraph 7,a71 the ,review ,board shall provide notice of a determination concerning the public disclosure or postponement of disclosure of a ,missing ,armed ,forces ,personnel record1 or information contained within a ,missing ,armed ,forces ,personnel record1 which shall include a written unclassified justification for public disclosure or postponement of disclosure1 including an explanation of the application of any standards in section #f to the ,president1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives 7#e7 ,referral after termination ,a ,missing ,armed ,forces ,personnel record that is identified1 located1 or otherwise discovered after the date on which the ,review ,board terminates shall be referred to the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives for review1 ongoing oversight and1 as warranted1 referral for possible enforcement action relating to a violation of this ,act4 7d7 ,notice to public ,every #cj days1 beginning on the date that is #fj days after the date on which the ,review ,board first approves the postponement of disclosure of a ,missing ,armed ,forces ,personnel record1 the ,review ,board shall publish in the ,federal ,register a notice that summarizes the postponements approved by the ,review ,board1 including a description of the subject1 originating body1 length or other physical description1 and each ground for postponement that is relied upon4 7e7 ,reports by the ,review ,board 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and every year thereafter until the ,review ,board terminates1 the ,review ,board shall submit a report regarding the activities of the ,review ,board to-- 7,a7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,president2 7,d7 the ,archivist2 and 7,e7 the head of any ,government office the records of which have been the subject of ,review ,board activity4 7#b7 ,contents ,each report under paragraph 7#a7 shall include the following information3 7,a7 ,a financial report of the expenses for all official activities and requirements of the ,review ,board and its employees4 7,b7 ,the progress made on review1 transmission to the ,archivist1 and public disclosure of ,missing ,armed ,forces ,personnel records4 7,c7 ,the estimated time and volume of ,missing ,armed ,forces ,personnel records involved in the completion of the duties of the ,review ,board under this ,act4 7,d7 ,any special problems1 including requests and the level of cooperation of ,government offices1 with regard to the ability of the ,review ,board to carry out its duties under this ,act4 7,e7 ,a record of review activities1 including a record of postponement decisions by the ,review ,board or other related actions authorized under this ,act1 and a record of the volume of records reviewed and postponed4 7,f7 ,suggestions and requests to ,congress for additional legislative authority needs4 7,g7 ,an appendix containing copies of reports relating to postponed records submitted to the ,archivist under subsection 7c77#c7 since the end of the period covered by the most recent report under paragraph 7#a74 7#c7 ,termination notice ,not later than #ij days before the ,review ,board expects to complete the work of the ,review ,board under this ,act1 the ,review ,board shall provide written notice to ,congress of the intent of the ,review ,board to terminate operations at a specified date4 #aj4 ,disclosure of other materials and additional study 7a7 ,materials under seal of court 7#a7 ,in general ,the ,review ,board may request the ,attorney ,general to petition any court of the ,united ,states or of a foreign country to release any information relevant to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel that is held under seal of the court4 7#b7 ,grand jury information 7,a7 ,in general ,the ,review ,board may request the ,attorney ,general to petition any court of the ,united ,states to release any information relevant to loss1 fate1 or status of ,missing ,armed ,forces ,personnel that is held under the injunction of secrecy of a grand jury4 7,b7 ,treatment ,a request for disclosure of ,missing ,armed ,forces ,personnel materials under this ,act shall be deemed to constitute a showing of particularized need under rule #f of the ,federal ,rules of ,criminal ,procedure4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,attorney ,general should assist the ,review ,board in good faith to unseal any records that the ,review ,board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury2 7#b7 the ,secretary of ,state should-- 7,a7 contact the governments of the ,russian ,federation1 the ,people's ,republic of ,china1 and the ,democratic ,people's ,republic of ,korea to seek the disclosure of all records in their respective custody1 possession1 or control relevant to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel2 and 7,b7 contact any other foreign government that may hold information relevant to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel1 and seek disclosure of such information2 and 7#c7 all agencies should cooperate in full with the ,review ,board to seek the disclosure of all information relevant to the loss1 fate1 or status of ,missing ,armed ,forces ,personnel consistent with the public interest4 #aa4 ,rules of ,construction 7a7 ,precedence over other law ,when this ,act requires transmission of a record to the ,archivist or public disclosure1 it shall take precedence over any other law 7except section #fajc of the ,internal ,revenue ,code of #aihf71 judicial decision construing such law1 or common law doctrine that would otherwise prohibit such transmission or disclosure1 with the exception of deeds governing access to or transfer or release of gifts and donations of records to the ,united ,states ,government4 7b7 ,freedom of information act ,nothing in this ,act shall be construed to eliminate or limit any right to file requests with any ,executive agency or seek judicial review of the decisions under section #eeb of title #e1 ,united ,states ,code4 7c7 ,judicial review ,nothing in this ,act shall be construed to preclude judicial review under chapter #g of title #e1 ,united ,states ,code1 of final actions taken or required to be taken under this ,act4 7d7 ,existing authority ,nothing in this ,act revokes or limits the existing authority of the ,president1 any ,executive agency1 the ,senate1 or the ,house of ,representatives1 or any other entity of the ,government to publicly disclose records in its custody1 possession1 or control4 7e7 ,rules of the ,senate and ,house of ,representatives ,to the extent that any provision of this ,act establishes a procedure to be followed in the ,senate or the ,house of ,representatives1 such provision is adopted-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #ab4 ,termination of effect of ,act 7a7 ,provisions pertaining to the ,review ,board ,the provisions of this ,act that pertain to the appointment and operation of the ,review ,board shall cease to be effective when the ,review ,board and the terms of its members have terminated under section #g7o74 7b7 ,other provisions ,the remaining provisions of this ,act shall continue in effect until such time as the ,archivist certifies to the ,president and ,congress that all ,missing ,armed ,forces ,personnel records have been made available to the public in accordance with this ,act4 #ac4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as are necessary to carry out this ,act1 to remain available until expended4 7b7 ,interim funding ,until such time as funds are appropriated pursuant to subsection 7a71 the ,president may use such sums as are available for discretionary use to carry out this ,act4 #ad4 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this ,act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation4