10 USC 1506(f): Debriefing of a Missing Person Returned to U.S. Control

          
Sec. 1506. Personnel files

    (a) Information in Files.--Except as provided in subsections (b), 
(c), and (d), the Secretary concerned shall, to the maximum extent 
practicable, ensure that the personnel file of a missing person contains 
all information in the possession of the United States relating to the 
disappearance and whereabouts and status of the person.
    (b) Classified Information.--(1) The Secretary concerned may 
withhold classified information from a personnel file under this 
section. If the Secretary concerned withholds classified information 
from a personnel file, the Secretary shall ensure that the file contains 
the following:
        (A) A notice that the withheld information exists.
        (B) A notice of the date of the most recent review of the 
    classification of the withheld information.

    (2)(A) If classified information withheld under this subsection 
refers to one or more unnamed missing persons, the Secretary shall 
ensure that notice of that withheld information, and notice of the date 
of the most recent review of the classification of that withheld 
information, is made reasonably accessible to the primary next of kin, 
members of the immediate family, and the previously designated person of 
all missing persons from the conflict or period of war to which the 
classified information pertains.
    (B) For purposes of subparagraph (A), information shall be 
considered to be made reasonably accessible if placed in a separate and 
distinct file that is available for review by persons specified in 
subparagraph (A) upon the request of any such person either to review 
the separate file or to review the personnel file of the missing person 
concerned.
    (c) Protection of Privacy.--The Secretary concerned shall maintain 
personnel files under this section, and shall permit disclosure of or

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access to such files, in accordance with the provisions of section 552a 
of title 5 and with other applicable laws and regulations pertaining to 
the privacy of the persons covered by the files.
    (d) Privileged Information.--(1) The Secretary concerned shall 
withhold from personnel files under this section, as privileged 
information, debriefing reports provided by missing persons returned to 
United States control which are obtained under a promise of 
confidentiality made for the purpose of ensuring the fullest possible 
disclosure of information.
    (2) If a debriefing report contains non-derogatory information about 
the status and whereabouts of a missing person other than the source of 
the debriefing report or about unnamed missing persons, the Secretary 
concerned shall prepare an extract of the non-derogatory information. 
That extract, following a review by the source of the debriefing report, 
shall be placed in the personnel file of each missing person named in 
the debriefing report in such a manner as to protect the identity of the 
source providing the information. Any information contained in the 
extract of the debriefing report that pertains to unnamed missing 
persons shall be made reasonably accessible to the primary next of kin, 
members of the immediate family, and the previously designated person.
    (3) Whenever the Secretary concerned withholds a debriefing report, 
or part of a debriefing report, from a personnel file under this 
subsection, the Secretary shall ensure that the file contains a notice 
that withheld information exists.
    (e) Availability of Information.--The Secretary concerned shall, 
upon request, make available the contents of the personnel file of a 
missing person to the primary next of kin, the other members of the 
immediate family, or any other previously designated person of the 
person.

        

            
 
          
    (f) Nondisclosure of Certain Information.--A record of the content 
of a debriefing of a missing person returned to United States control 
during the period beginning on July 8, 1959, and ending on February 10, 
1996, that was conducted by an official of the United States authorized 
to conduct the debriefing is privileged information and, notwithstanding 
sections 552 and 552a of title 5, may not be disclosed, in whole or in 
part, under either such section. However, this subsection does not limit 
the responsibility of the Secretary concerned under paragraphs (2) and 
(3) of subsection (d) to place extracts of non-derogatory information, 
or a notice of the existence of such information, in the personnel file 
of a missing person.

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 
110 Stat. 346; amended Pub. L. 104-201, div. A, title V, Sec. 578(d), 
Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105-85, div. A, title V, 
Sec. 599(f), (g), Nov. 18, 1997, 111 Stat. 1770; Pub. L. 106-65, div. A, 
title V, Sec. 575, Oct. 5, 1999, 113 Stat. 624; Pub. L. 107-107, div. A, 
title V, Sec. 573, Dec. 28, 2001, 115 Stat. 1122.)


                               Amendments

    2001--Subsec. (b)(2). Pub. L. 107-107 designated existing provisions 
as subpar. (A), inserted ``of all missing persons from the conflict or 
period of war to which the classified information pertains'' before 
period at end, and added subpar. (B).
    1999--Subsec. (f). Pub. L. 106-65 added subsec. (f).
    1997--Subsec. (b). Pub. L. 105-85, Sec. 599(f), designated existing 
provisions as par. (1), redesignated former pars. (1) and (2) as 
subpars. (A) and (B), respectively, of par. (1), and added par. (2).
    Subsec. (d)(2). Pub. L. 105-85, Sec. 599(g)(1), inserted ``or about 
unnamed missing persons'' after ``the debriefing report'' in first 
sentence, substituted ``each missing person named in the debriefing 
report'' for ``the missing person'' in second sentence, and inserted at 
end ``Any information contained in the extract of the debriefing report 
that pertains to unnamed missing persons shall be made reasonably 
accessible to the primary next of kin, members of the immediate family, 
and the previously designated person.''
    Subsec. (d)(3). Pub. L. 105-85, Sec. 599(g)(2), inserted ``, or part 
of a debriefing report,'' after ``a debriefing report''.
    1996--Subsecs. (e), (f). Pub. L. 104-201 redesignated subsec. (f) as 
(e) and struck out former subsec. (e) which read as follows: ``Wrongful 
Withholding.--Except as provided in subsections (a) through (d), any 
person who knowingly and willfully withholds from the personnel file of 
a missing person any information relating to the disappearance or 
whereabouts and status of a missing person shall be fined as provided in 
title 18 or imprisoned not more than one year, or both.''