Overview

Title

To provide for the creation of the missing Armed Forces and civilian personnel Records Collection at the National Archives, to require the expeditious public transmission to the Archivist and public disclosure of missing Armed Forces and civilian personnel records, and for other purposes.

ELI5 AI

The Bring Our Heroes Home Act is about finding and sharing old records of soldiers and civilians who are missing, making sure these papers are stored safely in a big library where anyone can read them. A special group will check to make sure everything is done right, but they must be careful so they do not share secrets or things that might upset people.

Summary AI

The Bring Our Heroes Home Act aims to establish a comprehensive process for managing and publicly disclosing missing Armed Forces and civilian personnel records. It mandates the creation of a dedicated Records Collection at the National Archives, requiring government agencies to identify, declassify, and transfer relevant records for public access. A special Review Board will oversee this process, ensuring compliance and addressing any postponements in disclosure. The bill emphasizes transparency, with certain exceptions for ongoing investigations, and outlines steps for reviewing and releasing older records while involving public input and oversight.

Published

2024-12-19
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-19
Package ID: BILLS-118s2315rs

Bill Statistics

Size

Sections:
30
Words:
19,660
Pages:
100
Sentences:
342

Language

Nouns: 6,220
Verbs: 1,580
Adjectives: 1,063
Adverbs: 227
Numbers: 460
Entities: 1,092

Complexity

Average Token Length:
4.59
Average Sentence Length:
57.49
Token Entropy:
5.37
Readability (ARI):
32.69

AnalysisAI

General Summary of the Bill

The "Bring Our Heroes Home Act" is a legislative proposal aimed at ensuring the preservation, review, and public disclosure of records related to missing Armed Forces and civilian personnel. This bill mandates the creation of a dedicated collection at the National Archives to house these records, promoting transparency and accountability around missing personnel. The bill establishes a Review Board tasked with facilitating the collection, review, and release of these records, while providing certain exemptions for ongoing military investigations and privacy concerns.

Summary of Significant Issues

One of the fundamental issues with this bill lies in its lack of detailed financial oversight. There are no clear budgeting or funding limits specified, which could lead to unchecked government expenditure. The process for certifying that all relevant records have been made public is also not clearly defined, potentially resulting in prolonged or indefinite execution of the Act's provisions.

The bill includes broad and subjective criteria for withholding records from public disclosure, raising concerns about excessive discretion in decision-making. This lack of specificity and accountability may lead to less transparency than intended, contrary to the bill's goals.

Exemptions for the Department of Defense POW/MIA Accounting Agency and other offices could create loopholes, potentially hindering the bill's effectiveness. Additionally, some language used in the bill, such as terms like "good cause" and "acceptable formats," lacks clear definitions, which could result in inconsistent application across various government entities.

Impact on the Public

If implemented efficiently, the bill is designed to bolster historical research and governmental transparency by making critical records available to families of missing personnel and the general public. This newfound accessibility could foster better understanding and closure for families seeking information about their loved ones' fates.

However, the bill's vague language and potential loopholes might lead to frustration and dissatisfaction, particularly if the promised transparency is not delivered. The inability to guarantee timely disclosures could undermine public trust, especially among those who have long awaited information about missing loved ones.

Impact on Specific Stakeholders

Families of Missing Personnel: The bill has the potential to provide closure and essential information to families by making long-withheld records publicly accessible. However, the lack of clear timelines and broad exemptions could delay or limit the information available, perpetuating uncertainty and distress for these families.

Historians and Researchers: The Act could be a valuable resource for scholars and researchers aiming to study historical events and military affairs. However, the lack of specificity in criteria for withholding records may upset the balance between transparency and confidentiality, limiting researchers' access to comprehensive historical data.

Government Agencies: The establishment of the Review Board and its comprehensive responsibilities could impose substantial administrative and financial burdens on government entities. The requirement to conform to potential ambiguities in the bill's language may lead to inefficiencies and resource allocation challenges.

Overall, while the bill proposes a positive step towards greater transparency, its effectiveness will largely depend on careful implementation, oversight, and clarity in its provisions. Without addressing crucial ambiguities and ensuring accountability, the Act could face significant challenges in meeting its intended goals.

Issues

  • The bill lacks clear budgeting or funding limits, highlighted in sections 2 and 14, which could result in significant and potentially unchecked expenditure, raising concerns about financial oversight.

  • There is no specific guidance or deadline for when the Archivist must certify to the President and Congress that all missing records have been made available, as noted in section 13, potentially allowing indefinite continuation of some of the Act's provisions.

  • The language in section 5 regarding exemptions for the Department of Defense POW/MIA Accounting Agency and other service casualty offices could create loopholes that inhibit transparency in declassification, raising ethical concerns about accountability and public trust.

  • The criteria for postponement of public disclosure in section 6 are broad and subjective, allowing excessive discretion by the Archivist and potentially leading to less transparency than anticipated.

  • Throughout the bill, such as in sections 4 and 5, the lack of detailed definitions and criteria for terms like 'good cause' and 'acceptable formats' results in potential ambiguities and inconsistent application, which could hinder the legislation's effectiveness.

  • The sentence in section 12 regarding requests for deadline extensions is vague about who in the Board has the authority to grant such extensions, potentially leading to inconsistencies in decision-making and oversight.

  • The establishment of the Missing Armed Forces and Civilian Personnel Records Review Board in section 7, with its potential for significant expenditure and broad authority, may raise concerns about oversight and accountability within federal financial management.

  • The expedited processing of security clearances mentioned in sections 7 and 8 lacks a specific mechanism for oversight, which might result in delays or inefficiencies, affecting the board's operational effectiveness.

  • Section 6 includes complex and possibly broad conditions for maintaining records as confidential, especially those involving 'unwarranted invasion of personal privacy,' which might lead to inconsistent application and unintended withholding of information.

  • The phrase 'reasonably calculated' used across various sections, such as in sections 9 and 10, lacks clear criteria and could lead to different interpretations, impacting the consistency of the bill's implementation.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act specifies that it can be called the "Bring Our Heroes Home Act."

2. Findings, declarations, and purposes Read Opens in new tab

Summary AI

Congress acknowledges the lack of priority and accountability in handling records of missing Armed Forces and civilian personnel and calls for legislation to ensure these records are preserved, declassified, and accessible to the public. The Act aims to create a dedicated collection at the National Archives and promote transparency by mandating quick public access to these records while minimizing exceptions.

3. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, including roles like the "Archivist" and entities such as "Executive agency" and "National Archives." It also explains what constitutes records related to missing Armed Forces and civilian personnel, detailing terms such as "missing person" and "official investigation."

4. Missing Armed Forces and Civilian Personnel Records Collection at the National Archives Read Opens in new tab

Summary AI

The section describes the establishment of a collection at the National Archives for records related to missing military and civilian personnel. It requires the Archivist to begin this process within 90 days after the initial board members are confirmed, including setting guidelines for the records' format and creating a guidebook, while the Review Board must also develop rules for how the records will be shared.

5. Review, identification, transmission to the National Archives, and public disclosure of missing Armed Forces and civilian personnel records by Government offices Read Opens in new tab

Summary AI

The bill mandates that government offices must identify, locate, and preserve records of missing military and civilian personnel to provide those records to the National Archives for public access. It outlines procedures for reviewing, transmitting, and justifying the withholding or redaction of these records, while allowing specific exemptions for ongoing investigations and support cases by certain agencies.

6. Grounds for postponement of public disclosure of records Read Opens in new tab

Summary AI

The section outlines conditions under which the release of missing Armed Forces and civilian personnel records to the public can be delayed. Disclosure can be postponed if it involves sensitive military, intelligence, or diplomatic information that poses a significant threat greater than the public's interest in the information, or if it risks revealing the identities of confidential sources or poses a major privacy invasion or harm to individuals.

7. Establishment and powers of the missing Armed Forces and civilian personnel Records Review Board Read Opens in new tab

Summary AI

The section establishes the Missing Armed Forces and Civilian Personnel Records Review Board, detailing its formation, membership requirements, duties, powers, and the process for handling vacancies and member removals. The Board is tasked with reviewing and ensuring the public disclosure of missing personnel records, with oversight from Congress, and is set to terminate four years after its formation, after which all records will be archived.

8. Missing Armed Forces and Civilian Personnel Records Review Board personnel Read Opens in new tab

Summary AI

The Missing Armed Forces and Civilian Personnel Records Review Board sets rules for appointing an Executive Director and staff who must be impartial U.S. citizens. The Executive Director, who coordinates the board's activities, cannot decide on record disclosures and needs a security clearance. Staff, also requiring security clearances, are appointed without typical civil service rules. The board may create advisory committees subject to federal regulations and sets compensation according to specific guidelines.

9. Review of records by the Missing Armed Forces and Civilian Personnel Records Review Board Read Opens in new tab

Summary AI

The Review Board is tasked with reviewing and deciding on the public disclosure of records related to missing Armed Forces and civilian personnel. It must publish schedules, report its activities to various government bodies, and handle requests for postponements while ensuring that as much information as possible is made available to the public.

10. Disclosure of other materials and additional study Read Opens in new tab

Summary AI

The section discusses a process where the Review Board can ask the Attorney General to request courts to release sealed information about missing Armed Forces and civilian personnel, including secret grand jury information. It also expresses Congress's viewpoint that the Attorney General, Secretary of State, and all agencies should work cooperatively and in good faith with the Review Board to obtain relevant information from both domestic and foreign sources.

11. Rules of construction Read Opens in new tab

Summary AI

This section explains that the Act takes priority over other laws when it comes to transmitting records to the Archivist or making them public, except for certain specific cases. It clarifies that the Act does not limit people's rights under the Freedom of Information Act, does not stop judicial reviews, does not change existing powers to disclose records, and outlines how it fits within the rules of the Senate and House, allowing those bodies to change their procedures as needed.

12. Requests for extensions Read Opens in new tab

Summary AI

The section allows the head of a Government office to ask for more time to meet a deadline set by a law, which is based on when the members of a certain review board are confirmed. If the board agrees, they can set a new deadline for the office.

13. Termination of effect of Act Read Opens in new tab

Summary AI

The Act's sections about the Review Board's appointment and operation will stop being effective once the Board and its members' terms end, as specified in a different section. Other parts of the Act will remain in effect until the Archivist confirms that all military and civilian records have been publicly disclosed.

14. Authorization of appropriations Read Opens in new tab

Summary AI

Congress is allowing an unspecified amount of money to be set aside and spent as needed to implement this Act, with the funds remaining available until they are fully used.

15. Severability Read Opens in new tab

Summary AI

If any part of this law is found to be invalid, the rest of the law will still remain in effect, and the invalid part will not affect people or situations that are not related.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the official short title for the legislation is the "Bring Our Heroes Home Act."

2. Findings, declarations, and purposes Read Opens in new tab

Summary AI

Congress recognizes that many records about missing Armed Forces and civilian personnel have not been properly handled, leading to a lack of public access. This section of the bill aims to create a special collection for these records at the National Archives and ensure they are released to the public quickly, with few exceptions, because existing laws like the Freedom of Information Act have not been effective in making this information available.

3. Definitions Read Opens in new tab

Summary AI

The text provides definitions for terms used in an act, such as "Archivist," meaning the Archivist of the U.S., and "Collection," referring to a specific set of records related to missing military and civilian personnel. It also clarifies what is meant by terms like "Executive agency," "missing person," "official investigation," and "public interest" to ensure a common understanding for interpreting the act.

4. Missing Armed Forces and Civilian Personnel Records Collection at the National Archives Read Opens in new tab

Summary AI

The section requires the establishment of a collection of missing Armed Forces and civilian personnel records at the National Archives. It mandates the creation of guidelines for record disclosure and designates the Senate and the House of Representatives committees to oversee the collection.

5. Review, identification, transmission to the National Archives, and public disclosure of missing Armed Forces and civilian personnel records by Government offices Read Opens in new tab

Summary AI

Each government office must locate and send any missing Armed Forces and civilian personnel records to the National Archives and disclose them to the public, ensuring no records are destroyed or altered. Certain records may be withheld if releasing them would cause significant harm, with periodic reviews required for records withheld from public access, and exemptions apply to specific Department of Defense and Department of State offices.

6. Grounds for postponement of public disclosure of records Read Opens in new tab

Summary AI

Disclosure of missing Armed Forces and civilian personnel records can be postponed if the information risks national security by revealing sensitive military plans, intelligence sources, or foreign relations activities, among other things. Disclosure can also be delayed if it risks the privacy of individuals or conflicts with U.S. law, and the need to keep the information private is greater than the public's right to know.

7. Establishment and powers of the missing Armed Forces and civilian personnel Records Review Board Read Opens in new tab

Summary AI

The Missing Armed Forces and Civilian Personnel Records Review Board is established as an independent entity to oversee the identification, review, and public release of missing personnel records. This Board consists of five members appointed through a consultative process, has various powers and duties to ensure transparency, receives oversight from certain Congressional committees, and will terminate four years after its members are sworn in, with a report on its activities and expenses submitted to Congress.

8. Missing Armed Forces and Civilian Personnel Records Review Board personnel Read Opens in new tab

Summary AI

The section outlines the establishment and responsibilities of the Missing Armed Forces and Civilian Personnel Records Review Board, including appointing an Executive Director and staff. It details qualifications, security clearance requirements, and duties for these positions, and allows the creation of advisory committees to assist the board, with compensation limits for the roles specified.

9. Review of records by the Missing Armed Forces and Civilian Personnel Records Review Board Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Missing Armed Forces and Civilian Personnel Records Review Board. It includes starting the review process, determining the disclosure or postponement of records, reporting to Congress and the President, and notifying the public about postponed disclosures. The Board must also provide annual reports on its activities and prepare to terminate its operations with advance notice.

10. Disclosure of other materials and additional study Read Opens in new tab

Summary AI

The bill allows the Review Board to request the Attorney General to ask courts to release information about missing Armed Forces and civilians, even if it's sealed or under grand jury secrecy. It also expresses that the U.S. should work with other countries and agencies to uncover information about their status, emphasizing cooperation.

11. Rules of construction Read Opens in new tab

Summary AI

The Rules of Construction section clarifies several points: it states that the Act's requirements for transmitting records to the Archivist override other laws unless they specifically protect such records, while still preserving rights under the Freedom of Information Act. It ensures judicial review can be sought for final actions under the Act and confirms existing authorities for disclosing records remain unchanged. Additionally, it outlines that any procedural rules for Congress under this Act are part of Congress's rulemaking power but can be modified by either House at any time.

12. Requests for extensions Read Opens in new tab

Summary AI

The head of a government office can ask for more time to meet a deadline set by this law if the delay is due to waiting for a quorum of the Missing Armed Forces and Civilian Personnel Records Review Board. The Board can extend the deadline if there is a good reason, deciding on a new deadline that they find suitable.

13. Termination of effect of Act Read Opens in new tab

Summary AI

The act specifies that the part about the Review Board stops being effective once the board and its members' terms end. Other parts of the act will continue until the Archivist confirms that all relevant military and civilian records are publicly available.

14. Authorization of appropriations Read Opens in new tab

Summary AI

Appropriations are sums of money authorized by Congress to fund activities in the Act. This section allows for the necessary funds to be allocated and specifies that these funds can be used until they are fully spent.

15. Severability Read Opens in new tab

Summary AI

If any part of this Act is found to be invalid, the rest of the Act remains effective, and this invalidation does not impact the application of the Act to individuals or scenarios that are different from the one in question.