,,ii #aafth ,,congress #ast ,session ,s4 #bgid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #f1 #bjai,mr4 ,crapo 7for himself and ,mrs4 ,shaheen7 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 ,act4 #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 following 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 reviewing1 or declassifying records relating to ,missing ,armed ,forces ,personnel and then transferring the records to the ,national ,archives for public access4 7#c7 ,mandates for declassification set forth in multiple ,executive orders have been broadly written1 loosely interpreted1 and often ignored by ,federal agencies 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 purposes and for public research4 7#g7 ,all records of the ,federal ,government relating to ,missing ,armed ,forces ,personnel should carry a presumption of declassification1 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 ,federal agencies1 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 records1 subject to narrow exceptions1 as set forth in this ,act4 #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 by or developed within the executive branch of the ,federal ,government4 7#e7 ,government office ,the term ,government office means an ,executive agency1 the ,library of ,congress1 or the ,national ,archives4 7#f7 ,missing ,armed ,forces ,personnel 7,a7 ,definition ,the term ,missing ,armed ,forces ,personnel means #a or more missing persons4 7,b7 ,inclusions ,the term ,missing ,armed ,forces ,personnel includes an individual who was a missing person and whose status was later changed to missing and presumed dead4 7#g7 ,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-- 7,a7 was created or made available for use by1 obtained by1 or otherwise came into the custody1 possession1 or control of-- 7i7 any ,government office2 7ii7 any ,presidential library2 or 7iii7 any of the ,armed ,forces2 and 7,b7 relates to #a or more ,missing ,armed ,forces ,personnel who became missing persons during the period-- 7i7 beginning on ,december #g1 #aida2 and 7ii7 ending on the date of enactment of this ,act4 7#h7 ,missing person ,the term missing person has the meaning given that term in section #aeac of title #aj1 ,united ,states ,code4 7#i7 ,national archives ,the term ,national ,archives-- 7,a7 means the ,national ,archives and ,records ,administration2 and 7,b7 includes any component of the ,national ,archives and ,records ,administration 7including ,presidential archival depositories established under section #baab of title #dd1 ,united ,states ,code74 7#aj7 ,official investigation ,the term official investigation means a review1 briefing1 inquiry1 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 or other initial source 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 purposes1 for public research1 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 has the meaning given the term records in section #ccja of title #dd1 ,united ,states ,code4 7#ad7 ,review board ,the term ,review ,board means the ,missing ,armed ,forces ,personnel ,records ,review ,board established under section #g4 #d4 ,missing ,armed ,forces ,personnel ,records ,collection at the ,national ,archives 7a7 ,establishment of collection ,not later than #ij days after the date of enactment of this ,act1 the ,archivist shall-- 7#a7 commence establishment of a collection of records to be known as the ,missing ,armed ,forces ,personnel ,records ,collection2 7#b7 commence preparing the subject guidebook and index to the ,collection2 and 7#c7 establish criteria for ,executive agencies to follow when transmitting copies of ,missing ,armed ,forces ,personnel ,records to the ,archivist1 to include required metadata4 7b7 ,regulations ,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 disclosure 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 identify and locate 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 in accordance with the criteria 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 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 a copy of any ,missing ,armed ,forces ,personnel record has not been transmitted to the ,archivist4 7#c7 ,preservation ,no ,missing ,armed ,forces ,personnel record shall be destroyed1 altered1 or mutilated in any way4 7#d7 ,effect of previous disclosure ,information 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 withheld1 redacted1 postponed for public disclosure1 or reclassified4 7#e7 ,withheld and substantially redacted 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 access1 the head of the ,government office shall submit an unclassified and publicly releasable report to the ,archivist1 the ,review ,board1 and each appropriate committee of the ,senate and the ,house of ,representatives justifying the decision of the ,government office to substantially redact or withhold the record by demonstrating that the release of information would clearly and demonstrably be expected to cause an articulated harm1 and that the harm would be of such gravity as to outweigh the public interest in access to the information4 7b7 ,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 criteria established by the ,archivist and the rules promulgated under paragraph 7#b7-- 7,a7 identify1 locate1 copy1 and review 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 cooperate fully1 in consultation with the ,archivist1 in carrying out paragraph 7#c74 7#b7 ,requirement ,the ,review ,board shall promulgate rules for the disclosure of relevant records by ,government offices under paragraph 7#a74 7#c7 ,national ,archives records ,not later than #ahj 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 custody of the ,national ,archives as of the date of enactment of this ,act 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 classified ,missing ,armed ,forces ,personnel record located and identified under subparagraph 7,a7 available for review by ,executive agencies through the ,national ,declassification ,center established under ,executive ,order #acebf4 7#d7 ,records already public ,a ,missing ,armed ,forces ,personnel record that is in the custody of the ,national ,archives on the date of enactment of this ,act and that has been publicly available in its entirety without redaction shall be made available in the ,collection without any additional review by the ,archivist1 the ,review ,board1 or any other ,government office under this ,act4 7c7 ,transmission to the national archives ,each ,government office shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 commence transmission to the ,archivist of copies of the ,missing ,armed ,forces ,personnel records in the custody1 possession1 or control of the ,government office2 and 7#b7 not later than #a year after the date of enactment of this ,act1 complete transmission to the ,archivist of copies of all ,missing ,armed ,forces ,personnel records in the possession or control of the ,government office4 7d7 ,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 by the originating body-- 7,a7 7i7 periodically1 but not less than every #e years1 after the date on which the ,review ,board terminates under section #g7o72 and 7ii7 at the direction of the ,archivist2 and 7,b7 consistent with the recommendations of the ,review ,board under section #i7;b77#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 ,act1 determines that continued postponement is required1 the originating body shall provide to the ,archivist an unclassified written description of the reason for the continued postponement that the ,archivist shall highlight and make accessible on a publicly accessible website administered by the ,national ,archives4 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 #aj 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-- 7i7 the head of the originating body1 ,executive agency1 or other ,government office recommends in writing that continued postponement is necessary2 7ii7 the written recommendation described in clause 7i7-- 7,i7 is provided to the ,archivist in unclassified and publicly releasable form not later than #ahj days before the date that is #aj years after the date of enactment of this ,act2 and 7,,ii7 includes-- 7aa7 a justification of the recommendation to postpone disclosure with clear and convincing evidence that the identifiable harm is of such gravity that it outweighs the public interest in disclosure2 and 7bb7 a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this ,act2 7iii7 the ,archivist transmits all recommended postponements and the recommendation of the ,archivist to the ,president not later than #ij days before the date that is #aj years after the date of enactment of this ,act2 and 7iv7 the ,president transmits to the ,archivist a certification indicating that continued postponement is necessary and the identifiable harm1 as demonstrated by clear and convincing evidence1 is of such gravity that it outweighs the public interest in disclosure not later than the date that is #aj years after the date of enactment of this ,act4 #f4 ,grounds for postponement of public disclosure of records 7a7 ,in general ,disclosure to the public of a ,missing ,armed ,forces ,personnel record or particular information in a ,missing ,armed ,forces ,personnel record created after the date that is #be 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-- 7#a7 if it pertains to-- 7,a7 military plans1 weapons systems1 or operations2 7,b7 foreign government information2 7,c7 intelligence activities 7including covert action71 intelligence sources or methods1 or cryptology2 7,d7 foreign relations or foreign activities of the ,united ,states1 including confidential sources2 7,e7 scientific1 technological1 or economic matters relating to the national security2 7,f7 ,united ,states ,government programs for safeguarding nuclear materials or facilities2 7,g7 vulnerabilities or capabilities of systems1 installations1 infrastructures1 projects1 plans1 or protection services relating to the national security2 or 7,h7 the development1 production1 or use of weapons of mass destruction2 and 7#b7 the threat posed by the public disclosure of the ,missing ,armed ,forces ,personnel record or information is of such gravity that it outweighs the public interest in disclosure4 7b7 ,older records ,disclosure to the public of a ,missing ,armed ,forces ,personnel record or particular information in a ,missing ,armed ,forces ,personnel record created on or before the date that is #be 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 if1 as demonstrated by clear and convincing evidence-- 7#a7 the release of the information would be expected to-- 7,a7 reveal the identity of a confidential human source1 a human intelligence source1 a relationship with an intelligence or security service of a foreign government or international organization1 or a nonhuman intelligence source1 or impair the effectiveness of an intelligence method currently in use1 available for use1 or under development2 7,b7 reveal information that would impair ,united ,states cryptologic systems or activities2 7,c7 reveal formally named or numbered ,united ,states military war plans that remain in effect1 or reveal operational or tactical elements of prior plans that are contained in such active plans2 or 7,d7 reveal information1 including foreign government information1 that would cause serious harm to relations between the ,united ,states and a foreign government1 or to ongoing diplomatic activities of the ,united ,states2 and 7#b7 the threat posed by the public disclosure of the ,missing ,armed ,forces ,personnel record or information is of such gravity that it outweighs the public interest in disclosure4 7c7 ,exception ,regardless of the age of a ,missing ,armed ,forces ,personnel record--the date on which a ,missing ,armed ,forces ,personnel record was created--disclosure to the public of information in the ,missing ,armed ,forces ,personnel record may be postponed if-- 7#a7 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 person2 7#b7 the public disclosure of the information 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 interest2 or 7#c7 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 survive1 evade1 resist1 or escape4 #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 are not an employee of an ,executive agency on the date of the appointment2 7,d7 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,e7 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,f7 not less than #a of whom is a professional historian2 and 7,g7 not less than #a of whom is an attorney4 7#c7 ,deadlines 7,a7 ,in general ,not later than #fj 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 than #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 transmit to the ,archivist ,missing ,armed ,forces ,personnel records as required under this ,act2 7#b7 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 ,forces ,personnel record that is proposed for postponement2 7#c7 obtain access to ,missing ,armed ,forces ,personnel records that have been identified 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 7#h7 receive information from the public regarding the identification and public disclosure of ,missing ,armed ,forces ,personnel records2 and 7#i7 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 public will be postponed1 notwithstanding the determination of an ,executive agency4 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 ,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 ,i of 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 #a 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 ,startup requirements ,the ,review ,board shall-- 7#a7 not later than #ij days after the date on which all members are appointed1 publish an initial schedule for review of all ,missing ,armed ,forces ,personnel records1 which the ,archivist shall highlight and make available on a publicly accessible website administered by the ,national ,archives2 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 7b7 ,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 an unclassified and publicly releasable 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 highlight and make available the determination on a publicly accessible website reasonably calculated to make interested members of the public aware of the existence of the determination4 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 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 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 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 review1 ongoing oversight and1 as warranted1 referral for possible enforcement action relating to a violation of this ,act and determination as to whether declassification of the ,missing ,armed ,forces ,personnel is warranted under this ,act4 7c7 ,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 highlight and make accessible on a publicly available website reasonably calculated to make interested members of the public aware of the existence of the postponement 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 7d7 ,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 ,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 7b77#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