Bring Our Heroes Home Act

Bill Number

H.R. 6723

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-12-15: Referred to the House Committee on Oversight and Government Reform.

Last Updated

2026-03-06T09:06:43Z

AI-Generated Summary

Purpose of the Legislation

The "Bring Our Heroes Home Act" (H.R. 6723) aims to create a dedicated collection of records at the National Archives related to missing U.S. Armed Forces members and civilian personnel. It requires federal government offices to quickly identify, transmit, and publicly disclose these records to help families and the public learn more about the fate of missing individuals from World War II through the present. The act emphasizes transparency while allowing limited exceptions for national security or privacy reasons.

Key Provisions

• Definitions (Section 3): Clarifies terms like "missing Armed Forces and civilian personnel records" (documents about individuals missing since December 7, 1941, including intelligence reports, debriefings, and status changes); "public interest" (focus on informing families and the public); and "Government office" (includes executive agencies, military branches, and the National Archives).

• Establishment of the Collection (Section 4): Within 90 days of the Review Board's formation, the Archivist of the United States must start building the "Missing Armed Forces and Civilian Personnel Records Collection," including a guidebook, index, and formats for submitting records. The Review Board sets disclosure rules, and congressional committees provide ongoing oversight.

• Review and Transmission by Government Offices (Section 5): Agencies must search for and transmit all relevant records within 270 days to 1 year after the Review Board starts. No records can be destroyed or altered. Previously public information cannot be reclassified. For withheld or redacted records, agencies must justify decisions publicly. Exemptions apply to active investigations by the Defense POW/MIA Accounting Agency and casualty support offices. Postponed records undergo periodic reviews every 5 years, with full disclosure required after 10 years unless the President certifies otherwise.

• Grounds for Postponement of Disclosure (Section 6): Disclosure can be delayed only for specific reasons, such as protecting military plans, intelligence sources, foreign relations, or privacy (e.g., living informants or personal data). For records over 25 years old, stricter "clear and convincing evidence" is needed to show harm outweighs public interest. Exceptions include risks to living sources or conflicts with other laws.

• Review Board Establishment and Powers (Section 7): Creates a 5-member independent board appointed by the President with Senate confirmation, including a historian and attorney. Members serve without political bias, receive security clearances, and can be removed only for cause (with judicial review). The board reviews agency decisions on disclosure, issues subpoenas, holds hearings, and directs transmissions. The President can override board decisions but must justify in writing. The board terminates after 4 years.

• Board Personnel and Operations (Section 8): Appoints an Executive Director and staff with security clearances, no conflicts of interest, and compensation up to Executive Schedule Level V. Advisory committees can be formed under federal rules.

• Board Review Process (Section 9): The board publishes a review schedule, decides on disclosures (favoring release unless proven otherwise), and provides alternatives like summaries for sensitive parts. It reports annually to Congress and the public on progress, with notices of postponements. Post-termination, new records go to congressional armed services committees.

• Additional Disclosures and Studies (Section 10): The board can request unsealing of court-sealed or grand jury materials. Congress urges the Attorney General, State Department, and agencies to seek records from foreign governments (e.g., Russia, China, North Korea).

• Other Provisions (Sections 11–15): The act overrides most laws blocking disclosure (except tax records); preserves Freedom of Information Act rights and judicial review. Agencies can request deadline extensions for good cause. The act ends after full disclosure certification, with appropriations authorized as needed. Invalid provisions do not affect the rest.

Significant Changes to Existing Law

This legislation introduces a new framework similar to the JFK Assassination Records Collection Act but tailored to missing personnel. It mandates a presumption of declassification for these records, requires comprehensive agency searches and certifications under penalty of perjury, and creates an independent Review Board with subpoena power—features not previously centralized for this topic. It also sets strict timelines for transmission (e.g., 1 year maximum) and automatic full disclosure after 10 years without presidential certification, overriding general classification rules under Executive Order 13526 and the Freedom of Information Act where conflicting.

Potential Impacts

• Government Agencies: Executive agencies (e.g., Department of Defense, intelligence community) face new obligations to search, review, and transmit records quickly, potentially straining resources but with exemptions for ongoing cases. The National Archives gains a permanent collection for public access, enhancing its role in historical preservation.

• Citizens: Families of over 80,000 missing personnel (from WWII onward) could gain unprecedented access to records, aiding closure and research. The public benefits from a centralized, searchable database, promoting transparency without broad privacy invasions.

• International Relations: Encourages U.S. diplomatic outreach to foreign governments for records, which may improve cooperation on historical accountability but could strain ties if sensitive information is revealed (e.g., about POW camps).

Main Stakeholders Affected

• Families and Veterans' Organizations: Primary beneficiaries seeking information on missing loved ones; groups like the National League of POW/MIA Families may influence board appointments.
• Federal Agencies: Including the Department of Defense, State Department, CIA, and National Archives, required to comply with searches and disclosures.
• Review Board and Personnel: Independent experts (historians, attorneys) overseeing the process.
• Congressional Committees: Oversight and Armed Services committees gain ongoing jurisdiction and access to classified materials.
• The Public and Scholars: Gain research access to declassified records for historical study.

Notable Legal, Constitutional, or Political Implications

• Legal: Establishes precedence for disclosure over most federal laws (e.g., classification statutes), but preserves judicial review under the Administrative Procedure Act and Freedom of Information Act rights. Subpoena enforcement and perjury penalties strengthen accountability, while severability clause ensures partial invalidation does not derail the act.

• Constitutional: Creates an independent executive branch board with removal protections (impeachment or for-cause only), balancing separation of powers; presidential override authority respects executive privilege on national security. Senate confirmation and congressional oversight align with advice-and-consent and legislative roles.

• Political: Bipartisan (introduced by Reps. Pappas and Fulcher), it addresses long-standing demands for MIA/POW transparency, potentially boosting public trust in government handling of historical issues. However, it may spark debates over national security vs. family rights, with foreign outreach adding geopolitical sensitivity.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pappas, Chris [D-NH-1]

Cosponsors (2)

Rep. Fulcher, Russ [R-ID-1], Rep. McGarvey, Morgan [D-KY-3]

Recent Actions

• 2025-12-15: Referred to the House Committee on Oversight and Government Reform.
• 2025-12-15: Introduced in House
• 2025-12-15: Introduced in House

Bill Versions

• Bring Our Heroes Home Act — issued 2025-12-15 — PDF (54 pages)