Establishment and powers of the Missing Armed Forces and Civilian Personnel Records Review Board

(a) Establishment There is established as an independent establishment in the executive branch a board to be known as the Missing Armed Forces and Civilian Personnel Records Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of missing Armed Forces and civilian personnel records. (b) Membership (1) Appointments The Review Board shall be composed of 5 members appointed by the President, subject to the advice and consent of the Senate, of whom— (A) 1 shall be appointed in consultation with the Archivist of the United States and shall serve as the Chairperson of the Review Board; (B) 1 shall be appointed in consultation with the majority leader of the Senate; (C) 1 shall be appointed in consultation with the minority leader of the Senate; (D) 1 shall be appointed in consultation with the Speaker of the House of Representatives; and (E) 1 shall be appointed in consultation with the minority leader of the House of Representatives. (2) Qualifications The members of the Review Board shall— (A) be appointed without regard to political affiliation; (B) be citizens of the United States of integrity and impartiality; (C) not be employees of an Executive agency on the date of the appointment; (D) have high national professional reputation in their fields and be capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the identification, location, review, transmission to the Archivist, and public disclosure of missing Armed Forces and civilian personnel records; (E) possess an appreciation of the value of missing Armed Forces and civilian personnel records to scholars, the Federal Government, and the public, particularly families of missing Armed Forces and civilian personnel; (F) include at least 1 professional historian; and (G) include at least 1 attorney. (3) Consultation with the Office of Government Ethics In considering persons to be appointed to the Review Board, the President shall consult with the Director of the Office of Government Ethics to— (A) determine criteria for possible conflicts of interest of members of the Review Board, consistent with ethics laws, statutes, and regulations for executive branch employees; and (B) ensure that no individual selected for such position of member of the Review Board possesses a conflict of interest as so determined. (4) Consultation Appointments to the Review Board shall be made after considering individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, the American Bar Association, veterans’ organizations, and organizations representing families of missing Armed Forces and civilian personnel. (c) Security clearances (1) In general Each member of the Review Board shall seek appropriate security clearances necessary to carry out the duties of the Review Board. (2) Review The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be a member of the Review Board seeking a security clearance under paragraph (1) is expeditiously reviewed and granted or denied. (d) Consideration by the Senate Nominations for appointment under subsection (b)(1)(A) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. (e) Vacancy Not later than 60 days after the date on which a vacancy on the Review Board occurs, the vacancy shall be filled in the same manner as specified for original appointment. (f) Chairperson needed for quorum A majority of the members of the Review Board, including the Chairperson appointed and confirmed pursuant to subsection (b)(1)(A), shall constitute a quorum. (g) Removal of Review Board member (1) In general A member of the Review Board shall not be removed from office, other than— (A) by impeachment by Congress; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Judicial review (A) In general A member of the 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 Columbia. (B) Relief The member may be reinstated or granted other appropriate relief by order of the court. (3) Notice of removal If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report specifying the facts found and the grounds for the removal. (h) Compensation of members (1) Basic pay A member of the Review Board shall be treated as an employee of the executive branch and 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 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Review Board. (2) Travel expenses A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board. (i) Duties of the Review Board (1) 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 and civilian personnel record, in whole or in part. (2) Records In carrying out paragraph (1), the Review Board shall consider and render a decision regarding— (A) whether a record constitutes a missing Armed Forces and civilian personnel record; and (B) whether a missing Armed Forces and civilian personnel record, or particular information in a missing Armed Forces and civilian personnel record, qualifies for postponement of disclosure under this Act. (j) Powers (1) In general The Review Board shall have the authority to act in a manner prescribed under this Act, including the authority to— (A) direct Government offices to transmit to the Archivist missing Armed Forces and civilian personnel records as required under this Act; (B) direct Government offices to transmit to the Archivist substitutes and summaries of missing Armed Forces and civilian personnel records that can be publicly disclosed to the fullest extent for any missing Armed Forces and civilian personnel record that is proposed for postponement in full or that is substantially redacted; (C) obtain access to missing Armed Forces and civilian personnel records that have been identified by a Government office; (D) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill the functions and responsibilities of the Review Board under this Act; (E) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, and subpoena documents as the Review Board considers advisable to carry out the responsibilities of the Review Board under this Act; (F) subpoena private persons to compel the production of documents and other records relevant to the responsibilities of the Review Board under this Act; (G) require any Government office to account in writing for the destruction of any records relating to the loss, fate, or status of missing Armed Forces and civilian personnel; (H) receive information from the public regarding the identification and public disclosure of missing Armed Forces and civilian personnel records; and (I) make a final determination regarding whether a missing Armed Forces and civilian personnel record will be disclosed to the public or disclosure of the missing Armed Forces and civilian personnel record to the public will be postponed, notwithstanding the determination of an Executive agency. (2) Enforcement of subpoenas Any subpoena issued under the Review Board under this subsection may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (k) Presidential authority over review board determination (1) Public disclosure or postponement of disclosure After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an missing Armed Forces and civilian personnel record or information contained in a missing Armed Forces and civilian personnel record, obtained or developed solely within the executive branch, the President— (A) shall have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in sections 5 and 6; and (B) shall provide the Review Board with an unclassified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive agency as required under this Act, stating the justification for the President’s decision, including the applicable grounds for postponement under section 6. (2) Periodic review Any missing Armed Forces and civilian personnel record for which public disclosure is postponed by the President shall be subject to the requirements of periodic review and declassification of classified information and public disclosure in the Collection set forth in section 5. (3) Record of presidential postponement The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, or other materials transmitted by or on behalf of the President with regard to postponement of the public disclosure of missing Armed Forces and civilian personnel records under section 6. (l) Witness immunity The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. (m) Oversight (1) 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— (A) have continuing legislative oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board; and (B) not later than 10 days after submitting a request, be provided access to any records held or created by the Review Board. (2) Duty of Review Board The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction under paragraph (1). (3) Security clearances The Chair and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and designated Committee staff, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs. (n) Support services The Administrator of General Services shall provide administrative services for the Review Board on a reimbursable basis. (o) Interpretive regulations The Review Board may issue interpretive regulations if the Review Board finds such regulation to be necessary and appropriate. (p) Termination and Winding Up (1) In general On the date that is 2 years after the date of enactment of this Act, the Review Board shall, by majority vote, determine whether all Government offices have complied with the obligations, mandates, and directives under this Act. (2) Termination date The Review Board shall terminate on the date that is 4 years after the date on which members of the Review Board are sworn in to the Review Board. (3) Report Before the termination of the Review Board under paragraph (2), the Review Board shall submit to Congress reports, including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act. (4) Records Upon termination of the Review Board, the Review Board shall transfer all records of the Review Board to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.