Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The "Bring Our Heroes Home Act" aims to ensure the fullest possible accounting for missing Armed Forces and civilian personnel by establishing a comprehensive system for record disclosure. It mandates the creation of a Missing Armed Forces and Civilian Personnel Records Collection at the National Archives, housing all relevant government records from December 7, 1941, to the Act's enactment. The bill operates under a strong presumption of declassification, emphasizing public access for historical, governmental, and family research purposes. Government offices are required to diligently identify, locate, and transmit all missing personnel records to the Archivist, certifying the thoroughness of their searches. These records, including intelligence reports and POW debriefings, must not be destroyed or altered. Previously public information cannot be reclassified or withheld. For any records proposed for substantial redaction or withholding, the originating office must provide a public report justifying the decision, demonstrating that the harm from disclosure clearly outweighs the public interest. A central component is the independent Missing Armed Forces and Civilian Personnel Records Review Board , a five-member body appointed by the President and confirmed by the Senate. This Board oversees the review, transmission, and public disclosure process, with members chosen for their integrity, impartiality, and relevant expertise, including a historian and an attorney. The Review Board considers and decides on government offices' requests to postpone record disclosure, directing public release unless clear and convincing evidence shows a record is not a missing personnel record or qualifies for postponement. If postponement is approved, the Board will seek to disclose segregable parts, substitutes, or summaries. The President retains the sole authority to ultimately require disclosure or postponement, providing a written justification for any such decision. All postponed records are subject to periodic review, and generally, must be publicly disclosed after 10 years unless the President certifies continued postponement is necessary due to clear and convincing evidence of harm outweighing public interest. The Act outlines strict grounds for postponement, primarily related to national security, intelligence, foreign relations, or specific privacy concerns, with standards varying based on the record's age. The Review Board possesses significant powers, including directing record transmission, compelling information and testimony, and subpoenaing documents. It must also account for any destroyed records. The bill encourages the Attorney General to assist in unsealing court-held or grand jury information and urges the Secretary of State to seek relevant records from foreign governments. The Review Board is set to terminate four years after its members are sworn in, transferring all its records to the National Archives Collection.
The "Bring Our Heroes Home Act" aims to ensure the fullest possible accounting for missing Armed Forces and civilian personnel by establishing a comprehensive system for record disclosure. It mandates the creation of a Missing Armed Forces and Civilian Personnel Records Collection at the National Archives, housing all relevant government records from December 7, 1941, to the Act's enactment. The bill operates under a strong presumption of declassification, emphasizing public access for historical, governmental, and family research purposes. Government offices are required to diligently identify, locate, and transmit all missing personnel records to the Archivist, certifying the thoroughness of their searches. These records, including intelligence reports and POW debriefings, must not be destroyed or altered. Previously public information cannot be reclassified or withheld. For any records proposed for substantial redaction or withholding, the originating office must provide a public report justifying the decision, demonstrating that the harm from disclosure clearly outweighs the public interest. A central component is the independent Missing Armed Forces and Civilian Personnel Records Review Board , a five-member body appointed by the President and confirmed by the Senate. This Board oversees the review, transmission, and public disclosure process, with members chosen for their integrity, impartiality, and relevant expertise, including a historian and an attorney. The Review Board considers and decides on government offices' requests to postpone record disclosure, directing public release unless clear and convincing evidence shows a record is not a missing personnel record or qualifies for postponement. If postponement is approved, the Board will seek to disclose segregable parts, substitutes, or summaries. The President retains the sole authority to ultimately require disclosure or postponement, providing a written justification for any such decision. All postponed records are subject to periodic review, and generally, must be publicly disclosed after 10 years unless the President certifies continued postponement is necessary due to clear and convincing evidence of harm outweighing public interest. The Act outlines strict grounds for postponement, primarily related to national security, intelligence, foreign relations, or specific privacy concerns, with standards varying based on the record's age. The Review Board possesses significant powers, including directing record transmission, compelling information and testimony, and subpoenaing documents. It must also account for any destroyed records. The bill encourages the Attorney General to assist in unsealing court-held or grand jury information and urges the Secretary of State to seek relevant records from foreign governments. The Review Board is set to terminate four years after its members are sworn in, transferring all its records to the National Archives Collection.