S.Amdt. 3162

The amendment, titled the Bring Our Heroes Home Act, aims to create a legal process to identify, collect, and publicly disclose government records regarding missing Armed Forces and civilian personnel who went missing between December 7, 1941, and the date the Act is enacted.

The purpose of this amendment is to address the lack of priority and oversight in declassifying these records and to ensure they are preserved for public research and the families of the missing.

Key Changes and Additions

• Establishment of a Collection: It creates the Missing Armed Forces and Civilian Personnel Records Collection at the National Archives.

• Creation of a Review Board: It establishes an independent Missing Armed Forces and Civilian Personnel Records Review Board consisting of five members appointed by the President. This board has the power to:

  • Direct government offices to transmit records to the Archivist.
  • Decide if a record should be disclosed to the public or if disclosure should be postponed.
  • Hold individuals in contempt for failing to comply with its mandates.

• Requirements for Government Offices: Each government office must:

  • Locate and identify all relevant records.
  • Certify under penalty of perjury that a thorough search was conducted.
  • Prevent the destruction or alteration of any such records.
  • Transmit copies of these records to the Archivist within a specific timeframe.

• Disclosure and Postponement: The act sets a presumption of declassification. Public disclosure can only be postponed under narrow grounds, such as threats to national security, foreign relations, or personal privacy. If a record is postponed, the government must justify the decision by showing the harm outweighs the public interest.

• Foreign and Judicial Cooperation: The amendment encourages the Attorney General to petition for the release of records held under court seal or grand jury secrecy and urges the Secretary of State to seek records from foreign governments, specifically the Russian Federation, the People's Republic of China, and the Democratic People's Republic of Korea.